| (a) Some foods, even when produced under current good
manufacturing practice, contain natural or unavoidable defects that
at low levels are not hazardous to health. The United States Food
and Drug Administration establishes maximum levels for these defects
in foods produced under current good manufacturing practice and uses
these levels in deciding whether to recommend regulatory action.
(b) Compliance with defect action levels does not excuse
violation of the requirement in the Texas Health and Safety Code, §431.081(a)(3)
that food not be prepared, packed, or held under unsanitary conditions
or the requirements in this section that food manufacturers, distributors,
and holders must observe current good manufacturing practice. Evidence
indicating that such a violation exists causes the food to be adulterated,
even though the amounts of natural or unavoidable defects are lower
than the currently established defect action levels. The manufacturer,
distributor, and holder of food must at all times utilize quality
control operations that reduce natural or unavoidable defects to the
lowest level currently feasible.
(c) The mixing of a food containing defects above the
current defect action level with another lot of food is not permitted
and renders the final food adulterated regardless of the defect level
of the final food.
(d) A compilation of the current defect action levels
for natural or unavoidable defects in food for human use that present
no health hazard may be obtained upon request from foods.regulatory@dshs.state.tx.us
or Texas Department of State Health Services Foods Group, P.O. Box
149347, Mail Code 1987, Austin, Texas 78714-9347.
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