| (a) Previous service. Except as specified in paragraphs
(1) and (2) of this subsection, foods which have been previously served
to a consumer may not be donated.
(1) Packaged time and temperature control for safety
foods (TCS foods), such as unopened milk, may be re-served or donated
if immediately stored in a cooling bin maintained at five degrees
Celsius (41 degrees Fahrenheit) or below.
(2) The following food products may be re-served or
donated.
(A) Packaged non-TCS foods.
(B) Whole fruit, such as apples or bananas.
(b) Unpackaged and unserved foods. Unpackaged and unserved
TCS foods may be donated if:
(1) the temperature of the food is at or below five
degrees Celsius (41 degrees Fahrenheit), or an ambient temperature
of seven degrees Celsius (45 degrees Fahrenheit) for raw shell eggs,
at the time of donation, and is protected from contamination;
(2) the food has been at or above 57 degrees Celsius
(135 degrees Fahrenheit) during hot holding and service, and subsequently
refrigerated to meet the time and temperature requirements in Food
Code, §3-501.14 and §3-501.15, or maintained at proper holding
temperatures required in Food Code, §3-501.16;
(3) the donor can substantiate that the food recipient
has the facilities to meet the transportation, storage, and reheating
requirements of this chapter; and
(4) the food is to be transported by the food recipient
directly to a consumer, the recipient only needs to meet the transportation
requirements in this chapter, including holding temperatures.
(c) Labeling. Donated foods transported offsite shall
be labeled with the name of the food, the source of the food, and
the date of preparation.
(d) Shelf life. Donated TCS foods may not exceed the
shelf life for leftover foods outlined in this chapter.
(e) Damaged foods. Heavily rim or seam-dented canned
foods, or packaged foods without the manufacturer's complete labeling
shall not be donated.
(f) Distressed foods.
(1) Foods which are considered distressed, such as
foods which have been subjected to fire, flooding, excessive heat,
smoke, radiation, other environmental contamination, or prolonged
storage shall not be directly donated for consumption by the consumer.
(2) Such foods in paragraph (1) of this subsection
may be sold or donated to a licensed food salvage establishment if
permitted under the provisions of the Texas Health and Safety Code
432.
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