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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 228RETAIL FOOD ESTABLISHMENTS
SUBCHAPTER AGENERAL PROVISIONS
RULE §228.2Definitions
Repealed Date:08/08/2021

    (A) intrinsic factors including added or natural characteristics of the food such as preservatives, antimicrobials, humectants, acidulants, or nutrients;

    (B) extrinsic factors including environmental or operational factors that affect the food such as packaging, modified atmosphere such as reduced oxygen packaging, shelf life and use, or temperature range of storage and use;

    (C) a combination of intrinsic and extrinsic factors; or

    (D) a food that does not support the growth of or toxin formation of pathogenic microorganisms in accordance with one or more of the conditions above in this definition even though the food may contain a pathogenic microorganism or chemical or physical contaminant at a level sufficient to cause illness or injury.

  (90) Outfitter operation--Any operation such as but not limited to trail rides, bus tours, harbor cruises or river raft trips where food is offered to patrons and which operates out of a central preparation location or food establishment.

  (91) Packaged--Bottled, canned, cartoned, bagged, or wrapped, whether in a food establishment or in a food processing plant. Does not include wrapped or placed in a carry-out container to protect the food during service or delivery to the consumer by a food employee upon consumer request.

  (92) Permit--The document issued by the regulatory authority that authorizes a person to operate a food establishment. Can also be referred to as a license as per paragraph (76) of this section.

  (93) Permit 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 who possesses a valid permit to operate a food establishment. Can also be referred to as a license holder as per paragraph (77) of this section.

  (94) Person--An association, corporation, individual, partnership, other legal entity, government, or governmental subdivision or agency.

  (95) Person in charge (PIC)--The individual present at a food establishment who is responsible for the operation at the time of inspection.

  (96) Personal care items--Items or substances that may be poisonous, toxic, or a source of contamination and are used to maintain or enhance a person's health, hygiene, or appearance. Includes but is not limited to medicines, first aid supplies, cosmetics, and toiletries such as tooth paste and mouthwash.

  (97) pH--The symbol for the negative logarithm of the hydrogen ion concentration, which is a measure of the degree of acidity or alkalinity of a solution. Values between 0 and 7 indicate acidity and values between 7 and 14 indicate alkalinity. The value for pure distilled water is 7, which is considered neutral.

  (98) Physical facilities--The structure and interior surfaces of a food establishment including accessories such as soap and towel dispensers and attachments such as light fixtures and heating or air conditioning system vents.

  (99) Plumbing Code--The International Plumbing Code, 2009 edition, including appendices C, E, F, and G, published by the International Code Council as amended by 16 TAC §70.101 (relating to Amendments to Mandatory Building Codes) or a Plumbing Code adopted by a local regulatory authority, whichever is more stringent.

  (100) Plumbing fixture--A receptacle or device that is either temporarily or permanently connected to the water distribution system of the premises and demands a supply of water from the system or discharges used water, waste materials, or sewage directly or indirectly to the drainage system of the premises.

  (101) Plumbing system--The water supply and distribution pipes; plumbing fixtures and traps, soil, waste, and vent pipes, sanitary and storm sewers and building drains, including their respective connections, devices, and appurtenances within the premises; and water-treating equipment.

  (102) Poisonous or toxic materials--Substances that are not intended for ingestion and are in the following four categories:

    (A) cleaners and sanitizers including but not limited to cleaning and sanitizing agents and agents such as caustics, acids, drying agents, polishes, and other chemicals;

    (B) pesticides including substances such as insecticides and rodenticides;

    (C) substances necessary for the operation and maintenance of the establishment including but not limited to nonfood grade lubricants and personal care items that may be deleterious to health; and

    (D) substances not necessary for the operation and maintenance of the establishment and are on the premises for retail sale, such as petroleum products and paints.

  (103) Poultry--Any domesticated bird (chickens, turkeys, ducks, geese, guineas, ratites or squabs), whether alive or dead, and any migratory waterfowl or game bird, pheasant, partridge, quail, grouse, or pigeon, whether live or dead.

  (104) Premises--The physical facility, its contents, and the contiguous land or property under the control of the permit holder or the physical facility, its contents and the land or property not described previously if its facilities and contents are under the control of the permit holder and may impact food establishment personnel, facilities, or operations, and a food establishment is only one component of the larger operation such as a health care facility, hotel, motel, school, recreational camp, or prison.

  (105) Primal cut--A basic major cut into which carcasses and sides of meat are separated, such as a beef round, pork loin, lamb flank, or veal breast.

  (106) Priority item--Application of a provision from this chapter that contributes directly to the elimination, prevention, or reduction of hazards associated with food borne illness or injury to an acceptable level to an acceptable level. There is no other provision that more directly controls the hazard. Includes items with a quantifiable measure to show control of hazards such as cooking, reheating, cooling, and handwashing. It is denoted in this chapter with a superscript P (P ).

  (107) Priority Foundation Item--Application of a provision in this chapter that supports, facilitates, or enables one or more priority items. Includes an item that requires the purposeful incorporation of specific actions, equipment or procedures by industry management to attain control of risk factors that contribute to foodborne illness or injury, for example: personnel training, infrastructure or necessary equipment, HACCP plans, documentation or record keeping, and labeling. It is denoted in this chapter with a superscript Pf (Pf ).

  (108) Private Water System--A drinking water system that is not connected to a public water system and not regulated by the Texas Commission on Environmental Quality.

  (109) Psychrotrophic organisms--Organisms or bacteria that are capable of surviving or even thriving in a cold environment. They are responsible for spoiling refrigerated foods.

  (110) Public water system--A drinking water system that complies with 30 TAC §§290.101 - 290.121 (relating to Drinking Water Standards Governing Drinking Water Quality and Reporting Requirements for Public Water Supply Systems).

  (111) Pushcart--A non-self-propelled Mobile Food Unit limited to serving foods requiring a limited amount of preparation as authorized by the regulatory authority and is readily movable by one or two persons. A pushcart is classified as a Mobile Food Unit. A pushcart does not include non self-propelled units owned and operated within a retail food store. This type of mobile unit requires the support of a Central Preparation Facility.

  (112) Ratite--Diverse group of large flightless birds that includes emus, ostrich, rhea or kiwis.

  (113) Ready-to-eat (RTE) food--Food in a form that is edible without additional preparation to achieve food safety, as specified in §228.71(a)(1) - (3), or (b) of this title. RTE food can be raw or partially cooked animal food and the consumer is advised as specified in §228.71(a)(4)(A) and (B) of this title. RTE food is food that is prepared in accordance with a variance that is granted as specified in §228.71(a)(4)(A) and (C). RTE food may receive additional preparation for palatability or aesthetic, epicurean, gastronomic, or culinary purposes. RTE food includes the following:

    (A) raw animal food that is cooked as specified in §228.71(a)(1) or (2), or frozen as specified in §228.72(a)(1) of this title;

    (B) raw fruits and vegetables that are washed as specified in §228.66(e) of this title;

    (C) fruits and vegetables that are cooked for hot holding, as specified in §228.71(c) of this title;

    (D) all time/temperature controlled food that is cooked to the temperature and time required for the specific food in §228.71(a) of this title, and cooled as specified in §228.75(d) of this title;

Cont'd...

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