| (a) The purpose of this chapter is to implement Texas
Health and Safety Code, Chapter 437, Regulation of Food Service Establishments,
Retail Food Stores, Mobile Food Units, and Roadside Food Vendors.
(b) The department adopts by reference the U.S. Food
and Drug Administration (FDA) Food Code 2017 (Food Code) and the Supplement
to the 2017 Food Code.
(c) The department does not adopt by reference the
following sections, paragraphs, and subparagraph of the FDA Food Code,
3-202.13, 3-202.14(C), 3-202.18(A), 5-102.11, 5-102.13, 5-102.14,
5-104.11(B)(1), 6-101.11(B), 6-202.18, 8-201.11, 8-202.10, 8-203.10,
8-302.11-14, 8-303.10-30, 8-304.10, 8-304.20, 8-401.10, 8-401.20,
8-402.10, 8-402.20-40, 8-403.40, and 8-501.10-40, and the definitions
for "accredited program," "drinking water," "food establishment,"
"game animal," "general use pesticide," "public water system," "regulatory
authority," "safe material," "service animal," and "vending machine
location."
(d) In the event of a conflict, Texas law and rules
in this chapter prevail over the adopted Food Code.
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