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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 229FOOD AND DRUG
SUBCHAPTER NCURRENT GOOD MANUFACTURING PRACTICE AND GOOD WAREHOUSING PRACTICE IN MANUFACTURING, PACKING, OR HOLDING HUMAN FOOD
RULE §229.211Definitions

  (36) 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, which contains 21% oxygen, 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, removal of air, or an increase in the proportion of other gases such as carbon dioxide or nitrogen.

  (37) Monitor--To conduct a planned sequence of observations or measurements to assess whether control measures are operating as intended.

  (38) Non-Time/Temperature Control for Safety (TCS) food (NTCS)--(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 Tables A and B in §229.211(69). A food that is not designated as a NTCS food in Tables A and B in §229.211(69) and for which there is scientific and technical evidence that a control measure or combination of control measures, when properly implemented, effectively controls the identified hazards in such a manner that growth or toxin formation of pathogenic microorganisms that are reasonably likely to occur in that food, is precluded due to either:

    (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.

  (39) Nonprofit food establishment--A charitable entity that prepares or serves food directly to the consumer or otherwise provides food or meals for consumption by humans in the United States. The term includes central food banks, soup kitchens, and nonprofit food delivery services. To be considered a nonprofit food establishment, the establishment must meet the terms of the U.S. Internal Revenue Code (26 United States Code §501(c)(3)).

  (40) Packaging--(when used as a verb) Placing food into a container that directly contacts the food and that the consumer receives.

  (41) Packing--Placing food into a container other than packaging the food and also includes re-packing and activities performed incidental to packing or re-packing a food (e.g., activities performed for the safe or effective packing or re-packing of that food such as sorting, culling, grading, and weighing or conveying incidental to packing or re-packing), but does not include activities that transform a raw agricultural commodity into a processed food.

  (42) Pathogen--A microorganism of public health significance.

  (43) Pests--Any objectionable animal or insect including, but not limited to, birds, rodents, flies, and larvae.

  (44) Plant--The building or structure, or parts thereof, used for or in connection with the manufacturing, processing, packaging, labeling, or holding of human food.

  (45) pH--(Potential of Hydrogen) A measure of the degree of the acidity or the alkalinity of a solution.

  (46) Preventive controls--Those risk-based, procedures, practices, and processes that a person knowledgeable about the safe manufacturing, processing, packing, or holding of food would employ to significantly minimize or prevent the hazards identified under the hazard analysis that are consistent with the current scientific understanding of safe food manufacturing, processing, packing, or holding at the time of the analysis.

  (47) Preventive controls individual--An individual who has successfully completed training in the development and application of risk-based preventive controls at least equivalent to that received under a standardized curriculum recognized as adequate by FDA or is otherwise qualified through job experience to develop and apply a food safety system.

  (48) Processed food--Any food other than a raw agricultural commodity and includes any raw agricultural commodity that has been subject to processing, such as but not limited to, canning, cooking, freezing, dehydration, or milling.

  (49) Processing--Including, but not limited, to the preparing, blending, filtering, preserving, treating, changing into different market forms, manufacturing, packing, repacking, or labeling of food ingredients and or products.

  (50) Qualified auditor--A person who is an individual as defined in this part and has technical expertise obtained through education, training, or experience (or a combination thereof) necessary to perform the auditing function as required by 21 Code of Federal Regulations §117.180(c)(2). Examples of potential qualified auditors include:

    (A) a government employee, including a foreign government employee; and

    (B) an audit agent of a certification body that is accredited in accordance with regulations in 21 CFR, Part 1, Subpart M.

  (51) Qualified end-user--With respect to a food, the consumer of the food (where the term consumer does not include a business); or a restaurant or retail food establishment (as those terms are defined in this) section that:

    (A) is located:

      (i) in the same State or the same Indian reservation as the qualified facility that sold the food to such restaurant or establishment; or

      (ii) not more than 275 miles from such facility; and

    (B) is purchasing the food for sale directly to consumers at such restaurant or retail food establishment.

  (52) Qualified facility--(When including the sales by any subsidiary; affiliate; or subsidiaries or affiliates, collectively, of any entity of which the facility is a subsidiary or affiliate) a facility that is a very small business as defined in this part, or a facility to which both of the following apply:

    (A) during the 3-year period preceding the applicable calendar year, the average annual monetary value of the food manufactured, processed, packed or held at such facility that is sold directly to qualified end-users (as defined in this section) during such period exceeded the average annual monetary value of the food sold by such facility to all other purchasers; and

    (B) the average annual monetary value of all food sold during the 3-year period preceding the applicable calendar year was less than $500,000, adjusted for inflation.

  (53) Qualified facility exemption--An exemption applicable to a qualified facility under 21 Code of Federal Regulations §117.5(a).

  (54) Qualified individual--A person who has the education, training, or experience (or a combination thereof) necessary to manufacture, process, pack, or hold clean and safe food as appropriate to the individual's assigned duties. A qualified individual may be, but is not required to be, an employee of the establishment.

  (55) Quality control operation--A planned and systematic procedure for taking all actions necessary to prevent food from being adulterated.

  (56) Raw agricultural commodity--Any food in its raw or natural state, including all fruits that are washed, colored, or otherwise treated in their unpeeled natural form prior to marketing.

  (57) Ready-to-eat food (RTE food)--Any food that is normally eaten in its raw state or any other food, including a processed food, for which it is reasonably foreseeable that the food will be eaten without further processing that would significantly minimize biological hazards.

  (58) Receiving facility--A facility that is subject to 21 Code of Federal Regulations Part 117 Subparts C and G and that manufactures/processes a raw material or other ingredient that it receives from a supplier.

  (59) Restaurant--A facility that prepares and sells food directly to consumers for immediate consumption. "Restaurant" does not include facilities that provide food to interstate conveyances, central kitchens, and other similar facilities that do not prepare and serve food directly to consumers. Entities in which food is provided to humans, such as cafeterias, lunchrooms, cafes, bistros, fast food establishments, food stands, saloons, taverns, bars, lounges, catering facilities, hospital kitchens, day Cont'd...

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