The following words and terms, when used in this subchapter,
have the following meanings, unless the context clearly indicates
otherwise.
(1)Department--The Texas Department of
State Health Services.
(2)Farmer--A person or entity that
produces agricultural products by practice of the agricultural arts
upon land that the person or entity controls.
(3)[(2)] Farmers' market--A
designated location used for a recurring event at which a majority
of the vendors are farmers or other food producers who sell food directly
to consumers. A farmers' market must include vendors who meet the
definition of "farmer" as defined in paragraph (2) of this section
and may include vendors who meet the definition of "food producer"
as defined in paragraph (6) of this section. [A designated
location used primarily for the distribution and sale directly to
consumers of food by farmers and other producers.]
(4)[(3)] Fish--As defined in the
U.S. Food and Drug Administration Food Code 2017 (Food Code) §1-201.10(B)
[§228.2 of this title (relating to Definitions)].
(5)[(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.
(6)Food producer--A person who grew,
raised, processed, prepared, manufactured, or otherwise added value
to the food product the person is selling. The term does not include
a person who only packaged or repackaged a food product.
(7)[(5)] Potable water--Drinking
water.
(8)[(6)] Poultry--A live or
dead domesticated bird.
(9)[(7)] Produce--Fresh fruit [
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.]
(10)[(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.
(11)[(10)] Time and temperature
control for safety food (TCS food) [Time/Temperature Control
for Safety (TCS) food--] (formerly Potentially Hazardous Food)--As
defined in the Food Code §1-201.10(B) [§228.2
of this title].
The agency
certifies that legal counsel
has reviewed the proposal and found it to be within the state agency's
legal authority to adopt.
Filed
with the Office of the Secretary of State on May 23, 2022
TRD-202202003 Cynthia Hernandez
General Counsel
Department of State Health Services
Earliest possible date of adoption: July 10, 2022
For further information, please call: (512) 231-5653
|
