| (a) Except for non-covered businesses as defined in §229.802
of this title (relating to Definitions) and as provided for in subsection
(b) of this section, the requirements of this subchapter apply to
shippers, receivers, loaders, and food transporters engaged in transportation
operations whether or not the food is being offered for or enters
interstate commerce. The requirements of this subchapter apply in
addition to any other requirements of this chapter that are applicable
to the transportation of food, e.g., in §§229.210 - 229.225
of this title (relating to Current Good Manufacturing and Good Warehousing
Practice in Manufacturing, Packing, or Holding of Human Food) and §§229.541
- 229.555 of this title (relating to Regulation of Food Salvage Establishments
and Brokers).
(b) The requirements of this subchapter do not apply
to shippers, receivers, loaders, or food transporters when they are
engaged in transportation operations:
(1) Of food that is transshipped through the United
States to another country; or
(2) Of food that is imported for future export, in
accordance with the Federal Food, Drug, and Cosmetic Act, §801(d)(3)
and that is neither consumed nor distributed in the United States;
or
(3) Of food when it is located in food facilities as
defined in 21 Code of Federal Regulations, §1.227, that are regulated
exclusively, throughout the entire facility, by the U.S. Department
of Agriculture under the Federal Meat Inspection Act (21 United States
Code 601 et seq.), the Poultry Products Inspection Act (21 United
State Code 451 et seq.), or the Egg Products Inspection Act (21 United
States Code 1031 et seq.)
(c) The criteria and definitions of this subchapter
apply in determining whether food is adulterated within the meaning
of Texas Health and Safety Code, §431.081(a) in that the food
has been transported or offered for transport by a shipper, food transporter
by motor vehicle, loader, or receiver engaged in transportation operations
under conditions that are not in compliance with this subchapter.
(d) The failure by a shipper, food transporter by motor
vehicle, loader, or receiver engaged in transportation operations
to comply with the requirements of this subchapter is a prohibited
act under Texas Health and Safety Code, §431.021.
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