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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Repealed Date:08/08/2021

    (E) plant food for which further washing, cooking, or other processing is not required for food safety, and from which rinds, peels, husks, or shells, if naturally present are removed;

    (F) substances derived from plants such as spices, seasonings, and sugar;

    (G) a bakery item such as bread, cakes, pies, fillings, or icing for which further cooking is not required for food safety;

    (H) the following products that are produced in accordance with USDA guidelines and that have received a lethality treatment for pathogens: dry, fermented sausages, such as dry salami or pepperoni; salt-cured meat and poultry products, such as prosciutto ham, country cured ham, and Parma ham; and dried meat and poultry products, such as jerky or beef sticks; and

    (I) foods manufactured according to 21 CFR 113, Thermally Processed Low-Acid Foods Packaged in Hermetically Sealed Containers.

  (114) Reduced oxygen packaging (ROP)--The reduction of the amount of oxygen in a package by removing oxygen, displacing oxygen and replacing it with another gas or combination of gases, or otherwise controlling the oxygen content to a level below that normally found in the atmosphere (approximately 21% at sea level). It is a process that involves a food for which the hazards of Clostridium botulinum or Listeria monocytogenes require control in the final packaged form. ROP includes cook chill packaging, controlled atmosphere packaging, modified atmosphere packaging, Sous vide packaging, and vacuum packaging.

  (115) Refuse--Solid waste not carried by water through the sewage system.

  (116) Regulatory authority--The local, state, or federal enforcement body or authorized representative having jurisdiction over the food establishment.

  (117) Reminder--A written statement concerning the health risk of consuming animal foods raw, undercooked, or without otherwise being processed to eliminate pathogens.

  (118) Re-service--The transfer of food that is unused and returned by a consumer after being served or sold and in the possession of the consumer to another person.

  (119) Restrict--To limit the activities of a food employee so that there is no risk of transmitting a disease that is transmissible through food and the food employee does not work with exposed food, clean equipment, utensils, linens; and unwrapped single-service or single-use articles.

  (120) Restricted egg--Any check, dirty egg, incubator reject, inedible, leaker, or loss as defined in 9 CFR 590.

  (121) Restricted use pesticide--A pesticide product that contains the active ingredients specified in 40 CFR §152.175. Pesticides classified for restricted use, and that are 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.

  (122) Risk--The likelihood that an adverse health effect will occur within a population as a result of a hazard in a food.

  (123) Roadside food vendor--A person who operates a mobile retail food store from a temporary location adjacent to a public road or highway. Food is not prepared or processed by a roadside food vendor. A roadside food vendor is classified as a Mobile Food Unit.

  (124) Safe Material--An article manufactured from or composed of materials that may not reasonably be expected to result either directly or indirectly in their becoming a component of or otherwise affecting the characteristics of any food. An additive that is used as specified in the Health and Safety Code, Chapter 431, or other materials that are not additives and that are used in conformity with applicable regulations of the FDA.

  (125) Sanitization--The application of cumulative heat or chemicals on cleaned food-contact surfaces that, when evaluated for efficacy, is sufficient to yield a reduction of 5 logs, which is equal to a 99.999% reduction, of representative disease microorganisms of public health importance.

  (126) Sealed--Free of cracks or other openings that allow the entry or passage of moisture.

  (127) Self-Service Food Market--A market that is unstaffed and offers prepackaged TCS food and prepackaged refrigerated or frozen TCS food that is stored in equipment that complies with §228.225 of this title.

  (128) Service animal--A canine that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual or other mental disability as specified in Health and Safety Code, §437.023.

  (129) Servicing area--A base location to which a Mobile Food Unit or transportation vehicle returns regularly for such things as vehicle cleaning, discharging liquid or solid wastes, refilling water tanks and ice bins, and boarding food. No food preparation, service or utensil/warewashing is conducted at a Servicing Area.

  (130) Sewage--Liquid waste containing animal or vegetable matter in suspension or solution and may include liquids containing chemicals in solution.

  (131) Shellfish control authority--A state, federal, foreign, tribal, or other government entity legally responsible for administering a program that includes certification of molluscan shellfish harvesters and dealers for interstate commerce.

  (132) Shellstock--Raw, in-shell molluscan shellfish.

  (133) Shiga toxin-producing Escherichia coli (STEC)--Any E. coli capable of producing Shiga toxins (also called verocytotoxins or "Shiga-like" toxins). STEC infections can be asymptomatic or may result in a spectrum of illness ranging from mild non-bloody diarrhea to hemorrhagic colitis (i.e., bloody diarrhea), to hemolytic uremic syndrome (HUS--a type of kidney failure). Examples of serotypes of STEC include: E. coli O157:H7; E. coli O157:NM; E. coli O26:H11; E. coli O145:NM; E. coli O103:H2; and E. coli. O111:NM. STEC are sometimes referred to as VTEC, verocytotoxigenic E. coli, or as EHEC, Enterohemorrhagic E. coli. EHEC are a subset of STEC which can cause hemorrhagic colitis or HUS.

  (134) Shucked shellfish--Molluscan shellfish that have one or both shells removed.

  (135) Single-service articles--Tableware, carry-out utensils, and other items such as bags, containers, placemats, stirrers, straws, toothpicks, and wrappers that are designed and constructed for one time, one person use after which they are intended for discard.

  (136) Single-use articles--Utensils and bulk food containers designed and constructed to be used once and discarded. Includes items such as wax paper, butcher paper, plastic wrap, formed aluminum food containers, jars, plastic tubs or buckets, bread wrappers, pickle barrels, ketchup bottles, and number 10 cans which do not meet the materials, durability, strength, and cleanability specifications in Subchapter D of this chapter.

  (137) Slacking--The process of moderating the temperature of a food such as allowing a food to gradually increase from a temperature of -23 degrees Celsius (-10 degrees Fahrenheit) to -4 degrees Celsius (25 degrees Fahrenheit) in preparation for deep-fat frying or to facilitate even heat penetration during the cooking of previously block-frozen food such as shrimp.

  (138) Smooth--A food-contact surface having a surface free of pits and inclusions with a cleanability equal to or exceeding that of (100 grit) number 3 stainless steel. A nonfood-contact surface of equipment having a surface equal to that of commercial grade hot-rolled steel free of visible scale. A floor, wall, or ceiling having an even or level surface with no roughness or projections that causes it to be difficult to clean.

  (139) Sous vide packaging--A method of packaging food in which raw or partially cooked food is vacuum packaged in an impermeable bag, cooked in the bag, rapidly chilled, and refrigerated at temperatures that inhibit the growth of psychrotrophic pathogens.

  (140) Specialized processing method--A method of preparing certain foods that includes but is not limited to smoking food as a method of food preservation not as a method of flavor enhancement, curing food, using food additives or adding components to preserve and/or render a food so it is not a time/temperature control food for safety such as sushi rice, packaging food using a reduced oxygen method, operating a Molluscan shellfish life-support system display tank to store and display shellfish offered for human consumption, custom processing animals for personal use as food only such as indigenous deer processing, preparing food by a method determined by the regulatory authority as requiring a variance, or sprouting seeds or beans in a retail food establishment such as alfalfa or wheat grass.

  (141) Tableware--Eating, drinking, and serving utensils for table use such as flatware including forks, knives, and spoons; hollowware including bowls, cups, serving dishes, tumblers, and plates.

Cont'd...

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