The following words and terms, when used in these sections,
shall have the following meanings, unless the context clearly indicates
otherwise:
(1) Bed and breakfast extended means:
(A) an establishment with more than seven rooms for
rent; or
(B) that provides for food service other than breakfast
to overnight guests; and
(C) for the purposes of these rules, such facilities
are classified as food establishments.
(2) Bed and breakfast food establishment means:
(A) an establishment that provides food service other
than to its overnight guests;
(B) the establishment must meet the rules and regulations
applicable to retail food establishments; and
(C) for the purposes of these rules, such facilities
are classified as food establishments.
(3) Child care center--Any facility licensed by the
regulatory authority to receive 13 or more children for child care
which prepares food for on-site consumption. A child care center is
classified as a food establishment.
(4) Department--The Department of State Health Services.
(5) Food--A raw, cooked, or processed edible substance,
ice, beverage or ingredient used or intended for use or for sale in
whole or in part for human consumption, or chewing gum.
(6) Food establishment--An operation that stores, prepares,
packages, serves, or otherwise provides food for human consumption
such as: a food service establishment; retail food store; satellite
or catered feeding location; catering operation if the operation provides
food directly to a consumer or to a conveyance used to transport people;
market; remote catered operations; conveyance used to transport people,
institution; or food bank; and that relinquishes possession of food
to a consumer directly, or indirectly through a delivery service such
as home delivery of grocery orders or restaurant takeout orders, or
delivery service that is provided by common carriers.
(A) The term includes an element of the operation such
as a transportation vehicle or a central preparation facility that
supplies a vending location or satellite feeding location unless the
vending or feeding location is permitted by the regulatory authority;
a restaurant; a grocery store; an operation that is conducted in a
mobile, roadside, stationary, temporary, or permanent facility or
location; group residence; outfitter operations; bed and breakfast
extended and bed and breakfast food establishments; where consumption
is on or off the premises; and regardless of whether there is a charge
for the food.
(B) The term does not include: an establishment that
offers only prepackaged foods that are not potentially hazardous;
a produce stand that only offers whole, uncut fresh fruits and vegetables;
a food processing plant; a kitchen in a private home if only food
that is not potentially hazardous is prepared for sale or service
at a function, such as a religious or charitable organization's bake
sale; a Bed and Breakfast Limited facility as defined in these rules;
or a private home.
(C) All definitions found in §228.2 of this title
(relating to Definitions) under the Retail Food rules are applicable
to these sections except that, for purposes of obtaining a permit
and payment of fees only, the term "food establishment"
does not include:
(i) food establishments permitted and inspected under
authority granted to Home-Rule or Type A General-Law Municipalities;
(ii) federally inspected food establishments on federal
property;
(iii) correction facilities under the inspection of
the Texas Department of Criminal Justice;
(iv) nursing homes under the inspection of Long Term
Care Regulatory in the Texas Department of Human Services;
(v) hospitals under the inspection of the Health Facility
Licensure Division in the department and which do not serve food to
the general public;
(vi) food establishments on state campuses inspected
by state college or university personnel in accordance with the requirements
of §229.373 of this title (relating to Minimum Standards for
Permitting and Operation);
(vii) food establishments licensed under the Health
and Safety Code, Chapter 431, as manufacturers of food, provided the
fee for licensure exceeds the permit fee required under §229.372
of this title (relating to Permitting Fees and Procedures);
(viii) food establishments under the inspection of
the Texas Department of Mental Health and Mental Retardation;
(ix) nonprofit organizations as defined in these rules.
Nonprofit organizations which meet the definition of "manufacturers
of food" under Health and Safety Code, Chapter 431, or the definition
of "food salvage establishments" under Health and Safety
Code, Chapter 432, are not exempt from licensure in those categories;
(x) food and beverage vending machines; and
(xi) mobile food units permitted and inspected under
the authority granted to Home-Rule or Type A General-Law Municipalities
and which operate only within their respective jurisdictions. Except
for units which handle only pre-packaged non-potentially hazardous
foods, a mobile food unit is classified as a food establishment, regardless
of whether or not food preparation occurs on the unit.
(7) Food Service Establishment--A food establishment
as defined in these rules.
(8) Mobile food unit--A vehicle-mounted mobile food
establishment designed to be readily moveable.
(9) Nonprofit organization--A civic or fraternal organization,
charity, lodge, association, proprietorship or corporation possessing
a 501(C) exemption under the Internal Revenue Code; or religious organizations
meeting the definition of "church" under the Internal Revenue
Code, §170(b)(1)(A)(I).
(10) Outfitter operation--Any operations such as trail
rides or river raft trips where food is offered to patrons and which
operates out of a central preparation location or food establishment.
An outfitter operation is classified as a food establishment.
(11) Permit holder--The person that is legally responsible
for the operation of the food establishment such as the owner, the
owner's agent, or other person; and who possesses a valid permit to
operate a food establishment.
(12) Person--An association, corporation, individual,
partnership, other legal entity, government, or governmental subdivision
or agency.
(13) Potentially hazardous food--A food that is natural
or synthetic and that requires temperature control because it is in
a form capable of supporting the rapid and progressive growth of infectious
or toxigenic microorganisms; the growth and toxin production of Clostridium
botulinum; or in raw shell eggs, the growth of Salmonella enteritidis.
(14) Pushcart--A non self-propelled mobile food unit
limited to serving nonpotentially hazardous food or potentially hazardous
foods requiring a limited amount of preparation as authorized by the
regulatory authority. A pushcart is classified as a mobile food unit.
(15) Retail food store--A food establishment or section
of an establishment where food and food products are offered to the
consumer and intended for off-premise consumption. The term includes
delicatessens that offer prepared food in bulk quantities only. The
term does not include establishments which handle only prepackaged,
nonpotentially hazardous foods; roadside markets that offer only unprocessed
fresh fruits and fresh vegetables for sale; or farmers markets; except
that, for the purposes of obtaining a permit and payment of fees only,
the term "retail food store" does not include establishments
permitted and inspected under authority granted to Home-Rule and Type
A General-Law Municipalities.
(16) Roadside food vendor--A person who operates a
mobile retail food store from a temporary location adjacent to a public
roadway or highway. Foods shall not be prepared or processed by roadside
food vendors. A roadside vendor is classified as a food establishment.
(17) School food establishment--A food service establishment
where food is prepared and intended for service primarily to students
in institutions of learning including, but not limited to, public
and private schools, including kindergarten, preschool and elementary
schools, junior high schools, high schools, colleges, and universities.
A school food establishment is classified as a food establishment.
(18) Temporary food establishment--A food establishment
that operates for a period of no more than 14 consecutive days in
conjunction with a single event or celebration.
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