| (49) Exotic animal--Member of a species of game animals
not indigenous to this state including axis deer, Nilgai antelope,
red sheep, or other cloven-hoofed ruminant animals. Exotic animals
are considered livestock in this chapter and are amenable to inspection
under Health and Safety Code, §433.035 (relating to Inspection
and Other Regulation of Exotic Animals in Interstate Commerce).
(50) FDA--The U.S. Food and Drug Administration, Center
for Food Safety and Applied Nutrition, 5100 Paint Branch Parkway,
College Park, Maryland 20740, telephone 1-888-723-3366, website www.fda.gov/Food.
(51) Fish--Fresh or saltwater finfish, crustaceans
and other forms of aquatic life (including alligator, frog, aquatic
turtle, jellyfish, sea cucumber, and sea urchin and the roe of such
animals) other than birds or mammals, and all mollusks, if such animal
life is intended for human consumption. Fish includes an edible human
food product derived in whole or in part from fish, including fish
that have been processed in any manner.
(52) Food--A raw, cooked, or processed edible substance,
ice, beverage, or ingredient used or intended for use or for sale
in whole or in part for human consumption, or chewing gum.
(53) Food additive--A substance added to food that
changes the characteristics of the food as described in Health and
Safety Code, §431.002(17).
(54) Foodborne disease outbreak--The occurrence of
two or more cases of a similar illness resulting from the ingestion
of a common food.
(55) Food-contact surface--A surface of equipment or
a utensil with which food normally comes into contact or a surface
of equipment or a utensil from which food may drain, drip, or splash
into a food or onto a surface normally in contact with food.
(56) Food employee--An individual working with unpackaged
food, food equipment or utensils, or food-contact surfaces.
(57) Food establishment--A food establishment means
an operation that stores, prepares, packages, serves, vends, or otherwise
provides food for human consumption as follows:
(A) a restaurant, retail food store, satellite or catered
feeding location, catering operation if the operation provides food
directly to a consumer or to a conveyance used to transport people,
market, vending location, (machine), self-service food market, conveyance
used to transport people, institution, or food bank;
(B) an establishment that relinquishes possession of
food to a consumer directly, or indirectly through a delivery service
such as home delivery of grocery orders or restaurant takeout orders,
or delivery service that is provided by common carriers;
(C) includes an element of the operation such as a
transportation vehicle or a central preparation facility that supplies
a vending location or satellite feeding location unless the vending
or feeding location is permitted by the regulatory authority and an
operation that is conducted in a mobile, stationary, temporary, or
permanent facility or location; where consumption is on or off the
premises; and regardless of whether there is a charge for the food;
(D) food establishment does not include an establishment
that offers only prepackaged foods that are not time/temperature control
for safety food, a produce stand that only offers whole, uncut fresh
fruits and vegetables, a food processing plant, a cottage food industry,
an area where cottage food is prepared, sold or offered for human
consumption, a Bed and Breakfast Limited facility as defined in this
chapter, or a private home that receives catered or home-delivered
(58) Food processing plant--A commercial operation
that manufactures, packages, labels, or store foods for human consumption
and does not provide food directly to a consumer, and a food establishment
as defined in paragraph (57) of this section.
(59) Food Protection Manager Certification--A document
obtained by a person in charge who demonstrates knowledge by being
a food protection manager that is certified by a food protection manager
certification program that is evaluated and listed by a Conference
for Food Protection-recognized accrediting agency as conforming to
the Conference for Food Protection Standards for Accreditation of
food Protection Manager Certification Programs.
(60) Game animal--An animal, the products of which
are food, that is not classified as cattle, sheep, swine, goat, horse,
mule or other equines as in 9 CFR 301, Definitions, as poultry in
9 CFR 381, Poultry Products Inspection Regulations; or as fish as
defined in paragraph (51) of this section. Includes mammals such as
reindeer, elk, deer, antelope, water buffalo; bison, rabbit, squirrel,
opossum, raccoon, nutria or muskrat, and non-aquatic reptiles such
as land snakes. A game animal does not include ratites.
(61) General use pesticide--A pesticide that is not
classified by EPA for restricted use as specified in 40 CFR §152.175
or is not limited to use by or under the direct supervision of a certified
applicator licensed by the Texas Department of Agriculture or by the
Texas Structural Pest Control Service as applicable.
(62) Grade A standards--The requirements of the United
States Public Health Service/FDA "Grade A Pasteurized Milk Ordinance"
with which certain fluid and dry milk and milk products comply.
(63) Group residence--A private or public housing corporation
or institutional facility that provides living quarters and meals.
The term includes a domicile for unrelated persons such as a retirement
home, correctional facility, or a long-term care facility.
(64) HACCP plan--A written document that delineates
the formal procedures for following the Hazard Analysis Critical Control
Point principles developed by The National Advisory Committee on Microbiological
Criteria for Foods.
(65) Handwashing sink--A lavatory, trough, basin, or
vessel for washing, a wash basin, or a plumbing fixture especially
placed for use in personal hygiene and designed only for the washing
of hands. It includes an automatic handwashing facility.
(66) Hazard--A biological, chemical, or physical property
that may cause an unacceptable consumer health risk.
(67) Health practitioner--A physician licensed to practice
medicine, or if allowed by law, an advanced practice registered nurse,
physician assistant, or similar medical professional.
(68) Hermetically sealed container--A container that
is designed and intended to be secure against the entry of microorganisms
and, in the case of low acid canned foods, to maintain the commercial
sterility of its contents after processing.
(69) Highly susceptible population--Persons who are
more likely than other people in the general population to experience
foodborne disease because they are immunocompromised, preschool aged
children, or older adults and are obtaining food at a facility that
provides services such as custodial care, health care, or assisted
living. Examples of custodial or health care facilities, or of assisted
living facilities include but are not limited to child or adult day
care centers, kidney dialysis centers, hospitals, nursing homes, or
senior centers providing nutritional or socialization services.
(70) Imminent health hazard--A significant threat or
danger to health that is considered to exist when there is evidence
sufficient to show that a product, practice, circumstance, or event
creates a situation that requires immediate correction or cessation
of operations to prevent injury based on the number of potential injuries
and the nature, severity, and duration of the anticipated injury.
(71) Injected--Manipulating meat to which a solution
has been introduced into its interior by processes that are referred
to as "injecting," "pump marinating," or "stitch pumping."
(72) Juice--The aqueous liquid expressed or extracted
from one or more fruits or vegetables, purées of the edible
portions of one or more fruits or vegetables, or any concentrates
of such liquid or purée. For purposes of HAACP it does not
include liquids, purées, or concentrates that are not used
as beverages or ingredients of beverages.
(73) Kitchenware--Food preparation and storage utensils.
(74) Law--Applicable local, state, and federal statutes,
rules, regulations, and ordinances.
(75) Leafy greens--Includes iceberg lettuce, romaine
lettuce, leaf lettuce, butter lettuce, baby leaf lettuce, escarole,
endive, spring mix, spinach, cabbage, kale, arugula, and chard. This
term does not include herbs such as cilantro or parsley.
(76) License--The document issued by the regulatory
authority that authorizes a person to operate a food establishment.
Can also be referred to as a permit as defined in paragraph (92) of
(77) License holder--The entity that is legally responsible
for the operation of the food establishment such as the owner, the
owner's agent, or other person and possesses a valid permit to operate
a food establishment. Can also be referred to as a permit holder as
defined in paragraph (93) of this section.
(78) Linens--Fabric items such as cloth hampers, cloth
napkins, tablecloths, wiping cloths, and work garments including cloth
(79) Listeria monocytogenes --A
rod-shaped bacteria that can be found in soil and water. Animals can
carry the bacterium without appearing to be ill and can contaminate
foods of animal origin. A serious infection called Listeriosis is
usually caused by eating food contaminated with
(80) Livestock--Cattle, sheep, swine, goats, horses,
mules, other equine, poultry, domesticated rabbits, exotic animals,
and domesticated birds. Livestock are amenable to inspection.
(81) Major Food Allergen--A food allergen is a food
protein that causes an adverse immune response. The eight specific
foods that are known as major food allergens include dairy, eggs,
wheat, soy, peanuts, tree nuts, fish and shellfish or any food ingredients
that contain protein derived from these foods. This does not include
any highly refined oil derived from a food specified in this paragraph
or any ingredient that is exempt under the petition or notification
process specified in the Food Allergen Labeling and Consumer Protection
Act of 2004 (Public Law 108-282).
(82) Meat--The flesh of animals used as food including
the dressed flesh of cattle, swine, sheep, or goats and other edible
animals, except fish as defined in paragraph (51) of this section,
poultry as defined in paragraph (103) of this section, and game animals
as defined in paragraph (60) of this section that are offered for
(83) Mechanically tenderized--Manipulating meat with
deep penetration by processes which may be referred to as "blade tenderizing,"
"jaccarding," "pinning," "needling," or using blades, pins, needled
or any mechanical device. It does not include processes by which solutions
are injected into the meat.
(84) mg/L--Milligrams per liter, which is the metric
equivalent of parts per million (ppm).
(85) Mobile Food Unit (MFU)--A vehicle mounted, self
or otherwise propelled, self-contained food service operation, designed
to be readily movable (including, but not limited to catering trucks,
trailers, push carts, and roadside vendors) and used to store, prepare,
display, serve or sell food. Mobile units must completely retain their
mobility at all times. A Mobile Food Unit does not include a stand
or a booth. A roadside food vendor is classified as a MFU.
(86) Modified atmosphere packaging--A method of packaging
food in which the atmosphere of a package of food is modified so that
its composition is different from air but the atmosphere may change
over time due to the permeability of the packaging material or the
respiration of the food. Modified atmosphere packaging includes: reduction
in the proportion of oxygen, total replacement of oxygen, or an increase
in the proportion of other gases such as carbon dioxide or nitrogen.
(87) Molluscan shellfish--Any edible species of fresh
or frozen oysters, clams, mussels, and scallops or edible portions
thereof, except when the scallop product consists only of the shucked
(88) Non-Continuous cooking--The cooking of food in
a food establishment using a process in which the initial heating
of the food is intentionally halted so that it may be cooled and held
for complete cooking at a later time prior to sale or service. It
does not include cooking procedures that only involve temporarily
interrupting or slowing an otherwise continuous cooking process.
(89) Non-Time/Temperature Control for Safety (NTCS)
food--(formerly non-Potentially Hazardous Food (non-PHF)), An air-cooled
hard-boiled egg with shell intact, or an egg with shell intact that
is not hard-boiled, but has been pasteurized to destroy all viable Salmonella. A food in an unopened hermetically
sealed container that is commercially processed to achieve and maintain
commercial sterility under conditions of non-refrigerated storage
and distribution. A food that because of its pH or Aw value, or interaction of A
w and pH values, is designated as a NTCS food in Table A and
Table B in the Figure in §228.2(144). A food that is designated
as Product Assessment Required (PA) in Table A and Table B in the
Figure in §228.2(144) and has undergone a PA showing that the
growth or toxin formation of pathogenic microorganisms that are reasonably
likely to occur in that food is precluded due to either: