Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 229 - FOOD AND DRUG › Subchapter N - CURRENT GOOD MANUFACTURING PRACTICE AND GOOD WAREHOUSING PRACTICE IN MANUFACTURING, PACKING, OR HOLDING HUMAN FOOD › Section 229.210 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
(a) This subchapter
				  applies to every person engaged in food manufacturing and/or wholesale food
				  distribution regardless of the license or permit held under §§
										229.181-
				  229.184
				  of this title (relating to Licensure of Food Manufacturers, Food Wholesalers,
				  and Warehouse Operators), §§
										229.370-
				  229.374
				  of this title (relating to Permitting Retail Food Establishments), and
				  §§
										229.541-
				  229.555
				  of this title (relating to Regulation of Food Salvage Establishments and
				  Brokers), or if the person is exempt from licensure. Retail food
				  establishments, such as grocery stores and restaurants that are located outside
				  the jurisdiction of a local health authority, must also comply with the
				  requirements of Chapter 228 of this title (relating to Retail Food) except for
				  the manufacture or wholesale of food as defined by the Texas Food, Drug, and
				  Cosmetic Act, Texas Health and Safety Code, §
										431.221(2) and
				  (3). Retail establishments that are located
				  within the jurisdiction of a local health authority that permits and inspects
				  retail food establishments and that are required to license as a food
				  manufacturer under §§
										229.181-
				  229.184
				  of this title, must also comply with the applicable rules enforced by the local
				  health authority.
(b) The criteria
				  and definitions in this subchapter apply in determining whether a food is
				  adulterated within the meaning of Texas Health and Safety Code, §
										431.081(a)(3)
				  in that the food has been manufactured under such conditions that it is unfit
				  for food; or within the meaning of Texas Health and Safety Code, §
										431.081(a)(4)
				  in that the food has been prepared, packed, or held under insanitary conditions
				  whereby it may have become contaminated with filth, or whereby it may have been
				  rendered injurious to health.
(c)
				  Food subject to the requirements of these sections may also be subject to
				  specific regulations found in Title 21, Code of Federal Regulations Parts
				  1-199, or in other sections of this title (25 Texas Administrative Code Chapter
				  229).
(d) The department adopts by
				  reference the following laws and regulations
(1) United States Code Title 21 Chapter 9,
				  Subchapter IV, §343(w) et seq. as amended;
(2) 21 Code of Federal Regulations
				  §§1.20-1.22 and §1.24, General Enforcement Regulations, as
				  amended;
(3) 21 Code of Federal
				  Regulations §70.20 and §70.25, Color Additives, as amended;
(4) 21 Code of Federal Regulations Part 73
				  Subpart A, Listing of Color Additives Exempt from Certification, as
				  amended;
(5) 21 Code of Federal
				  Regulations Part 74 Subpart A, Listing of Color Additives Subject to
				  Certification, as amended;
(6) 21
				  Code of Federal Regulations Part 81. General Restrictions for Provisional Color
				  Additives for Use in Foods, Drugs, and Cosmetics, as amended;
(7) 21 Code of Federal Regulations Part 82,
				  Listing of Certified Provisionally Listed colors and Specifications, as
				  amended;
(8) 21 Code of Federal
				  Regulations §100.155, General, as amended;
(9) 21 Code of Federal Regulations Part 101,
				  Food Labeling, as amended;
(10) 21
				  Code of Federal Regulations Part 102, Common or Usual Name for Non Standardized
				  Foods, as amended;
(11) 21 Code of
				  Federal Regulations Part 104, Nutritional Quality Guidelines for Foods, as
				  amended;
(12) 21 Code of Federal
				  Regulations Part 105, Foods for Special Dietary Use, as amended;
(13) 21 Code of Federal Regulations Part 106,
				  Infant Formula Quality Control Procedures, as amended;
(14) 21 Code of Federal Regulations Part 107,
				  Infant Formula, as amended;
(15) 21
				  Code of Federal Regulations Part 108, Emergency Permit Control, as
				  amended;
(16) 21 Code of Federal
				  Regulations Part 109, Unavoidable Contaminants in Food for Human Consumption
				  and Food Packaging Material, as amended;
(17) 21 Code of Federal Regulations Part 113,
				  Thermally Processed Low-Acid Foods Packaged in Hermetically Sealed Containers,
				  as amended;
(18) 21 Code of Federal
				  Regulations Part 114, Acidified Foods, as amended;
(19) 21 Code of Federal Regulations Part 117
				  Subpart C, D, F, and G, Current Good Manufacturing Practice, Hazard Analysis,
				  and risk Based Preventive Controls for Human Food, as amended;
(20) 21 Code of Federal Regulations Part 120,
				  Hazard Analysis and Critical Control Point (HACCP) Systems, as
				  amended;
(21) 21 Code of Federal
				  Regulations Part 123, Fish and Fishery Products, as amended;
(22) 21 Code of Federal Regulations Part 129,
				  Processing and Bottling of Bottled Drinking Water, as amended;
(23) 21 Code of Federal Regulations Part 130,
				  Food Standards: General, as amended;
(24) 21 Code of Federal Regulations Part 131,
				  Milk and Cream, as amended;
(25) 21
				  Code of Federal Regulations Part 133, Cheese and Related Cheese Products, as
				  amended;
(26) 21 Code of Federal
				  Regulations Part 135, Frozen Desserts, as amended;
(27) 21 Code of Federal Regulations Part 136;
				  Bakery Products, as amended;
(28)
				  21 Code of Federal Regulations Part 137, Cereal Flours and Related Products, as
				  amended;
(29) 21 Code of Federal
				  Regulations Part 139, Macaroni and Noodle Products, as amended;
(30) 21 Code of Federal Regulations Part 145,
				  Canned Fruits, as amended;
(31) 21
				  Code of Federal Regulations Part 146, Canned Fruit Juices, as
				  amended;
(32) 21 Code of Federal
				  Regulations Part 150, Fruit Butters, Jellies, Preserves, and Related Products,
				  as amended;
(33) 21 Code of Federal
				  Regulations Part 152, Fruit Pies, as amended;
(34) 21 Code of Federal Regulations Part 155,
				  Canned Vegetables, as amended;
(35)
				  21 Code of Federal Regulations Part 156, Vegetable Juices, as
				  amended;
(36) 21 Code of Federal
				  Regulations Part 158, Frozen Vegetables, as amended;
(37) 21 Code of Federal Regulations Part 160,
				  Eggs and Egg Products, as amended;
(38) 21 Code of Federal Regulations Part 161,
				  Fish and Shellfish, as amended;
(39) 21 Code of Federal Regulations Part 163,
				  Cacao Products, as amended;
(40) 21
				  Code of Federal Regulations Part 164, Tree Nut and Peanut Products, as
				  amended;
(41) 21 Code of Federal
				  Regulations Part 165, Beverages, as amended;
(42) 21 Code of Federal Regulations Part 166,
				  Margarine, as amended;
(43) 21 Code
				  of Federal Regulations Part 168, Sweeteners and Table Syrups, as
				  amended;
(44) 21 Code of Federal
				  Regulations Part 169, Food Dressings and Flavorings, as amended;
(45) 21 Code of Federal Regulations Part 170,
				  Food Additives, as amended;
(46) 21
				  Code of Federal Regulations Part 172, Food Additives Permitted For Direct
				  Addition To Food For Human Consumption, as amended;
(47) 21 Code of Federal Regulations Part 173,
				  Secondary Direct Food Additives Permitted in food For Human Consumption, as
				  amended;
(48) 21 Code of Federal
				  Regulations Part 174, Indirect Food Additives General, as amended;
(49) 21 Code of Federal Regulations Part 175,
				  Indirect Food Additives Adhesives and Components of Coatings, as
				  amended;
(50) 21 Code of Federal
				  Regulations Part 176, Indirect Food Additives Paper and Paperboard Components,
				  as amended;
(51) 21 Code of Federal
				  Regulations Part 177, Indirect Food Additives Polymers, as amended;
(52) 21 Code of Federal Regulations Part 178,
				  Indirect Food Additives Adjuvants, Production Aids, and Sanitizers, as
				  amended;
(53) 21 Code of Federal
				  Regulations Part 180, Food Additives Permitted in Food or in Contact with Food
				  on an Interim Basis Pending Additional Study, as amended;
(54) 21 Code of Federal Regulations Part 181,
				  Prior-Sanctions Food Ingredients, as amended;
(55) 21 Code of Federal Regulations Part 182,
				  Substances Generally Recognized as Safe, as amended;
(56) 21 Code of Federal Regulations Part 184,
				  Direct Food Substances Affirmed as Generally Recognized as Safe, as
				  amended;
(57) 21 Code of Federal
				  Regulations Part 186, Indirect Food Substances Affirmed as Generally Recognized
				  as Safe, as amended; and
(58) 21
				  Code of Federal Regulations Part 189, Substances Prohibited From Use in Human
				  Food, as amended.