Texas Register

TITLE 25 HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 229FOOD AND DRUG
SUBCHAPTER FFFARMERS' MARKETS
RULE §229.702Definitions
ISSUE 02/02/2018
ACTION Final/Adopted
Preamble Texas Admin Code Rule

The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise.

  (1)Department--The Department of State Health Services.

  (2)Farmers' market--A designated location used primarily for the distribution and sale directly to consumers of food by farmers and other producers.

  (3)Fish--As defined in §228.2 of this title (relating to Definitions).

  (4)Food--An agricultural, apicultural, horticultural, silvicultural, viticultural, or vegetable product for human consumption, in either its natural or processed state, that has been produced or processed or otherwise has had value added to the product in this state. The term includes:

    (A)fish or other aquatic species;

    (B)livestock, a livestock product, or livestock by-product;

    (C)planting seed;

    (D)poultry, a poultry product, or a poultry by-product;

    (E)wildlife processed for food or by-products;

    (F)a product made from a product described in this paragraph by a farmer or other producer who grew or processed the product; or

    (G)produce.

  (5)Potable water--Drinking water.

  (6)Poultry--A live or dead domesticated bird.

  (7)Produce--Fresh fruits or vegetables.

  (8)Producer--A person or entity that produces agricultural products by practice of the agricultural arts upon land that the person or entity controls.

  (9)Sample--A bite-sized portion of food or foods offered free of charge to demonstrate its characteristics and does not include a whole meal, an individual portion, or a whole sandwich.

  (10)Time/Temperature Control for Safety (TCS) food--(formerly Potentially Hazardous Food)--As defined in §228.2 of this title.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 17, 2018

TRD-201800168

Barbara L. Klein

Interim General Counsel

Department of State Health Services

Effective date: February 18, 2018

Proposal publication date: November 10, 2017

For further information, please call: (512) 776-6972



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