reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 241 - SHELLFISH SANITATION › Subchapter B - MOLLUSCAN SHELLFISH › Section 241.55 - Land Based Aquaculture

Current through Reg. 49, No. 28; July 12, 2024
(a) Operational
				  plan. Each land based aquaculture facility shall have a written operational
				  plan. The plan shall be approved in writing by the department prior to its
				  implementation and shall include:
(1) a
				  description of the design and activities of the culture facility;
(2) the specific site and boundaries in which
				  molluscan shellfish culture activities will be conducted;
(3) the types and locations of any
				  structures, including rafts, pens, cages, nets, tanks, ponds, or floats which
				  will be placed in the waters;
(4)
				  the species of molluscan shellfish to be cultured and harvested;
(5) if appropriate, the source and species of
				  other organisms to be cultured in any polyculture systems;
(6) procedures to assure that no poisonous or
				  deleterious substances are introduced into the activities;
(7) a program of sanitation, maintenance, and
				  supervision to prevent contamination of the final molluscan shellfish
				  products;
(8) a description of the
				  water source, including the details of any water treatment process or method,
				  if necessary;
(9) a program to
				  maintain water quality, which includes collection of microbial water samples
				  and their method of analysis and routine temperature and salinity monitoring.
				  The bacterial indicator monitored shall be the same as used for monitoring
				  harvest areas;
(10) collection of
				  information on the microbial and chemical quality of molluscan shellfish
				  harvested from the aquaculture site;
(11) collection of data concerning the
				  quality of food production (algae or other) used in the artificial harvest
				  system;
(12) maintenance of the
				  required records; and
(13) how
				  molluscan shell stock will be harvested, processed if applicable, and
				  sold.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 241 - SHELLFISH SANITATION › Subchapter B - MOLLUSCAN SHELLFISH › Section 241.56 - Polyculture Systems

Current through Reg. 49, No. 28; July 12, 2024
(a) A polyculture
				  system shall:
(1) meet all requirements in
				  §
											241.55 of
				  this title (relating to Land Based Aquaculture); and
(2) provide information concerning all
				  sources of and species of all organisms to be cultivated, cultured, and
				  harvested.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 241 - SHELLFISH SANITATION › Subchapter B - MOLLUSCAN SHELLFISH › Section 241.57 - Molluscan Shellfish Harvesting and Handling

Current through Reg. 49, No. 28; July 12, 2024
(a) Harvesters. Any harvester who engages in
				  molluscan shell stock packing as defined in this subchapter of this title
				  (relating to Molluscan Shellfish) shall:
(1)
				  be a dealer; or
(2) pack molluscan
				  shell stock for a dealer.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 241 - SHELLFISH SANITATION › Subchapter B - MOLLUSCAN SHELLFISH › Section 241.58 - Certification Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) No person
				  shall engage in any activity requiring a certificate in §§
										241.50-
				  241.71 of this
				  title (relating to Molluscan Shellfish) without having applied for and obtained
				  an annual numbered certificate of compliance pertaining to the particular
				  activity from the commissioner. No certificate will be issued without a HACCP
				  plan in accordance with §
										241.63
				  of this title (relating to General HACCP Requirements) that is acceptable to
				  the SSD.
(b) Dealer certification.
(1) Shucker/packer. Any person who shucks
				  molluscan shellfish shall be certified as a shucker/packer.
(2) Repacker.
(A) Any person who repacks shucked molluscan
				  shellfish shall be certified as a shucker/packer or repacker.
(B) Any person who repacks molluscan shell
				  stock shall be certified as a shellstock shipper, shucker/packer, or
				  repacker.
(C) A repacker shall not
				  shuck molluscan shellfish.
(3) Shellstock shipper. Any person who ships
				  and receives molluscan shell stock in interstate commerce shall be certified as
				  a shellstock shipper, repacker, or shucker/packer.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 241 - SHELLFISH SANITATION › Subchapter B - MOLLUSCAN SHELLFISH › Section 241.59 - Inspections

Current through Reg. 49, No. 28; July 12, 2024
(a) After a
				  certificate is issued, unannounced inspections may be conducted at any time the
				  SSD has a reasonable belief that the business may be in operation, or that
				  molluscan shellfish may be stored on the premises. Inspections may be made at
				  such frequency as may be necessary to assure that adequate operational and
				  sanitary conditions are maintained, and the certificate holder is in compliance
				  with the rules.
(1) When an inspection finds
				  a critical deficiency, the violation shall be immediately corrected during that
				  inspection or the plant must immediately cease production affected by the
				  violation. If production affected by the violation does not voluntarily cease,
				  all molluscan shellfish handled or processed while the violation exists or
				  existed shall be detained pursuant to Health and Safety Code, §
											436.028.
				  Further enforcement action may be taken as authorized under this
				  chapter.
(2) When an inspection
				  finds four or more key deficiencies, the dealer shall establish a correction
				  schedule acceptable to the SSD. A follow-up inspection shall determine if the
				  violations have been corrected or are being corrected in accordance with the
				  scheduled correction dates noted on the previous inspection report.
(3) When an inspection detects other
				  deficiencies or three or fewer key deficiencies, the deficiencies shall be
				  corrected prior to the next routine inspection.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 241 - SHELLFISH SANITATION › Subchapter B - MOLLUSCAN SHELLFISH › Section 241.60 - Enforcement

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  may refuse to certify, suspend or revoke a certificate of compliance if the
				  applicant or certificate holder:
(1) fails to
				  comply with any provision of the statute;
(2) fails to comply with any provision of
				  this subchapter;
(3) commits fraud,
				  misrepresentation, or concealment of a material fact on any documents required
				  to be submitted to the department or required to be maintained by the facility
				  pursuant to this chapter;
(4) aids,
				  abets, or permits the commission of an illegal act;
(5) fails to comply with an order of the
				  commissioner of health or another enforcement procedure under the
				  statute;
(6) the certificate holder
				  or representative refuses to allow an inspection or otherwise interferes with
				  the authorized department agent in the performance of his or her
				  duties;
(7) fails to have a HACCP
				  plan, has a HACCP plan unacceptable to the SSD, or fails to comply with a HACCP
				  plan that is acceptable to the SSD;
(8) fails to provide the required application
				  information;
(9) has any critical
				  violations identified during the certification inspection; or
(10) has more than two key deficiencies and 3
				  other deficiencies identified during the certification inspection.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 241 - SHELLFISH SANITATION › Subchapter B - MOLLUSCAN SHELLFISH › Section 241.61 - Molluscan Shell Stock Temperature Control

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  For the purpose of this section, temperature control is defined as the
				  management of the environmental temperature of shell stock by means of ice,
				  mechanical refrigeration or other approved means which is capable of lowering
				  the temperature of the shell stock and will maintain it at 45 degrees
				  Fahrenheit (10 degrees Centigrade) or less.
(b) The department shall establish the water
				  temperature to be applied in Table 1 for each growing area by averaging the
				  previous five years' maximum monthly temperatures.
Attached
					 Graphic
(c) The
				  time to refrigeration listed in Table 1 shall be based upon the first shell
				  stock harvested.
(d) During action
				  levels 2, 3, and 4 listed in Table 1, the product shall be shaded.
(e) The department may approve other measures
				  proposed by the industry to provide controls equivalent to the time-temperature
				  requirements in Table 1.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 241 - SHELLFISH SANITATION › Subchapter B - MOLLUSCAN SHELLFISH › Section 241.62 - Trucks and Other Vehicles Used to Transport Molluscan Shell Stock to the Original Dealer

Current through Reg. 49, No. 28; July 12, 2024
(a) The harvester
				  or dealer who transports molluscan shell stock from the harvester to the first
				  dealer to handle the product shall assure that all trucks used to transport
				  molluscan shell stock are properly constructed, operated, and maintained to
				  prevent contamination, deterioration, and decomposition of the molluscan shell
				  stock.
(b) Storage bins on trucks
				  or other vehicles used in the transport of molluscan shell stock for direct
				  marketing shall be:
(1) kept clean with
				  potable water or water from an approved area in the open status or
				  conditionally approved area in the open status; and
(2) constructed so that water does not stand
				  on the deck or in the storage bin.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 241 - SHELLFISH SANITATION › Subchapter B - MOLLUSCAN SHELLFISH › Section 241.63 - General HACCP Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Every
				  dealer shall conduct a hazard analysis to determine the food safety hazards
				  that are reasonably likely to occur for each kind of molluscan shellfish
				  product processed by that dealer and to identify the preventive measures that
				  the dealer can apply to control those hazards. Such food safety hazards can be
				  introduced both within and outside the processing plant environment, including
				  food safety hazards that can occur before, during, and after harvest. A food
				  safety hazard that is reasonably likely to occur is one for which a prudent
				  dealer would establish controls because experience, illness data, scientific
				  reports, or other information provide a basis to conclude that there is a
				  reasonable possibility that the hazard will occur in the particular type of
				  molluscan shellfish product being processed in the absence of those
				  controls.
(b) Every dealer shall
				  have, implement, and comply with a written HACCP plan that is acceptable to the
				  SSD. A copy of the plan shall be provided to the SSD upon request. A HACCP plan
				  shall be specific to:
(1) each location where
				  molluscan shellfish products are processed by that dealer; and
(2) each kind of molluscan shellfish product
				  processed by the dealer. The plan may group kinds of molluscan shellfish
				  products together, or group kinds of production methods together, if the food
				  safety hazards, critical control points, critical limits, and procedures
				  required to be identified and performed in this section are identical for all
				  molluscan shellfish products so grouped or for all production methods so
				  grouped.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 241 - SHELLFISH SANITATION › Subchapter B - MOLLUSCAN SHELLFISH › Section 241.64 - General Sanitation Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Each dealer shall monitor conditions and practices that are both appropriate to
				  the plant and the food being processed with sufficient frequency to ensure, at
				  a minimum, conformance with the requirements specified in §§
										229.211-
				  229.219 of
				  this title (relating to Current Good Manufacturing Practice and Good
				  Warehousing Practice in Manufacturing, Packing or Holding Human Food). The
				  requirements specified in §§
										229.211-
				  229.219 of
				  this title relate to the following sanitation items:
(1) safety of water for processing and ice
				  production;
(2) condition and
				  cleanliness of food contact surfaces;
(3) prevention of cross
				  contamination;
(4) maintenance of
				  hand washing, hand sanitizing and toilet facilities;
(5) protection from adulterants;
(6) proper labeling, storage, or use of toxic
				  compounds;
(7) control of employees
				  with adverse health conditions; and
(8) exclusion of pests.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 241 - SHELLFISH SANITATION › Subchapter B - MOLLUSCAN SHELLFISH › Section 241.65 - Dealer Molluscan Shell Stock Identification

Current through Reg. 49, No. 28; July 12, 2024
(a) The dealer shall keep the harvester's tag
				  affixed to each container of molluscan shell stock until the bag or container
				  is:
(1) shipped; or
(2) emptied to wash, grade or pack the
				  molluscan shell stock.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 241 - SHELLFISH SANITATION › Subchapter B - MOLLUSCAN SHELLFISH › Section 241.66 - Shucked Molluscan Shellfish Labeling

Current through Reg. 49, No. 28; July 12, 2024
(a) If the dealer uses reusable containers to
				  hold or transport shucked molluscan shellfish between activities for the
				  purpose of further processing or packing, the reusable containers are exempt
				  from the labeling requirements in this section. When reusable containers are
				  used, the lot shall be accompanied by a record containing:
(1) the shucker-packer's name and
				  certification number;
(2) the
				  shucking date; and
(3) the quantity
				  of molluscan shellfish per container and the total number of
				  containers.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 241 - SHELLFISH SANITATION › Subchapter B - MOLLUSCAN SHELLFISH › Section 241.67 - Labeling of Molluscan Shellfish Subjected to Post-Harvest Processing

Current through Reg. 49, No. 28; July 12, 2024
(a) If a dealer
				  elects to use a process to reduce the level(s) of one target pathogen, some
				  target pathogens, or all target pathogens of public health concern in shellfish
				  the dealer shall:
(1) have a HACCP plan
				  approved by the SSD for the process that ensures that the target pathogen(s)
				  are at safe levels for the at risk population in product that has been
				  subjected to the process:
(A) for processes
				  that target
Vibrio vulnificus
, the level of
Vibrio
				  vulnificus
in product that has been subjected to the process shall be
				  non-detectable (<3 MPN/gram), to be determined by use of the
Vibrio
				  vulnificus
FDA approved EIA procedure of Tamplin, et al, as described
				  in the FDA Bacteriological Analytical Manual, 7th Edition, 1992, Chapter
				  9.
(B) for processes that target
Vibrio parahaemolyticus
, the level of
Vibrio
				  parahaemolyticus
in product that has been subjected to the process
				  shall be non-detectable (<1 CFU/0.1 gram).
(C) for processes that target other
				  pathogens, the level of those pathogens in product that has been subjected to
				  the process shall be below the appropriate FDA action level, or in the absence
				  of such a level, below the appropriate level as determined by the Interstate
				  Shellfish Sanitation Conference.
(D) the ability of the process to reliably
				  achieve the appropriate reduction in the target pathogen(s) shall be validated
				  by a study approved by the SSD, with concurrence of FDA.
(E) the HACCP Plan shall include:
(i) process controls to ensure that the end
				  point criteria are met for every lot; and
(ii) a sampling program to periodically
				  verify that the end point criteria are met.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 241 - SHELLFISH SANITATION › Subchapter B - MOLLUSCAN SHELLFISH › Section 241.68 - Vibrio vulnificus Management Plan for Oysters

Current through Reg. 49, No. 28; July 12, 2024
The department will implement the requirements of the
					 National Shellfish Sanitation Program's
Vibrio vulnificus
Risk
					 Management Plan for Oysters. The Texas
Vibrio vulnificus
Management Plan will be available for viewing at the SSD central office
					 location at 2201 Donley, Suite 200, Austin, Texas 78758.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 241 - SHELLFISH SANITATION › Subchapter B - MOLLUSCAN SHELLFISH › Section 241.69 - Shipping Documents and Records

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Each molluscan shellfish shipment shall be accompanied by a shipping document
				  that contains:
(1) the name, address, and
				  certification number of the shipping dealer;
(2) the name and address of the major
				  consignee; and
(3) the kind and
				  quantity of the molluscan shellfish product.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 241 - SHELLFISH SANITATION › Subchapter B - MOLLUSCAN SHELLFISH › Section 241.70 - Tagging of Depurated Molluscan Shellfish

Current through Reg. 49, No. 28; July 12, 2024
All containers of treated molluscan shellfish, before being
					 released from the molluscan shellfish treatment plant, shall be suitably tagged
					 or labeled with a uniform tag or label bearing the following
					 information:
(1) the depuration
				  processor's name and address, including at least the city and state;
(2) the depuration processor's valid,
				  complete certificate number issued by the SSD;
(3) the type of molluscan
				  shellfish;
(4) the date on which
				  the molluscan shellfish were released from the depuration plant;
(5) the term "DEPURATED" in letters as large
				  as the largest other letters printed on the tag or label; and
(6) the lot code of the treatment process
				  batch.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 241 - SHELLFISH SANITATION › Subchapter B - MOLLUSCAN SHELLFISH › Section 241.71 - Depuration Records

Current through Reg. 49, No. 28; July 12, 2024
(a) Records
				  containing the following information shall be available at the depuration plant
				  at all times for molluscan shellfish presently undergoing the treatment
				  process:
(1) name and/or location of
				  gathering area(s);
(2) copy of
				  permit(s);
(3) date received in
				  plant;
(4) quantity of molluscan
				  shellfish received;
(5) quantity of
				  molluscan shellfish destroyed;
(6)
				  quantity of molluscan shellfish in tank(s); and
(7) date and time of initiation of
				  treatment.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 265 - GENERAL SANITATION › Subchapter A - HEALTH AND SANITATION FOR MASS GATHERINGS › Section 265.1 - General Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose.
				  These sections are promulgated to establish reasonable minimum standards of
				  health and sanitation applicable under conditions of mass gatherings, as
				  defined in the Mass Gatherings Act, and to provide a means for county health
				  officers to make methodical and uniform evaluations of the health and
				  sanitation facilities and practices proposed by a promoter or a mass
				  gathering.
(b) Severability. If any
				  section or provision of these rules or the application of that section or
				  provision to any person, situation, or circumstance is for any reason adjudged
				  invalid, the adjudication does not affect any other section or provision of
				  these rules or the application of the adjudicated section or provision to any
				  other person, situation, or circumstance. The Department of Health Resources
				  declared that it would have adopted the valid portions and application of these
				  sections without the invalid part, and to this end the provisions of these
				  sections are declared to be severable.
(c) Conflict with other department rules.
				  These rules and regulations are intended to be supplementary to existing
				  statutes and other existing rules and regulations adopted by the Department of
				  Health Resources. If a conflict between these rules and regulations and other
				  existing rules and regulations adopted by the Department of Health Resources
				  exists, the existing rules and regulations shall govern.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 265 - GENERAL SANITATION › Subchapter A - HEALTH AND SANITATION FOR MASS GATHERINGS › Section 265.2 - Information Required in Planning Material

Current through Reg. 49, No. 28; July 12, 2024
In addition to the information required for the issuance of
					 a permit under the Mass Gatherings Act, planning material shall be submitted in
					 such detail as to permit a comprehensive review by the county health officer to
					 evaluate the extent of compliance with minimum standards listed in §
										265.3 of this
					 title (relating to Minimum Standards).
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 265 - GENERAL SANITATION › Subchapter A - HEALTH AND SANITATION FOR MASS GATHERINGS › Section 265.3 - Minimum Standards

Current through Reg. 49, No. 28; July 12, 2024
(a) Water supply.
(1) The quality of water to be supplied shall
				  meet the approval of the county health officer, and on his request an
				  evaluation of the supply may be made by the Department of Health
				  Resources.
(2) Water shall be
				  provided at the rate of at least one pint per hour for each person present at
				  the site.
(3) Water shall be
				  delivered to the dispensing points in such a manner as to preclude the
				  possibility of contamination. All water conveyor facilities shall be cleaned
				  and disinfected prior to being used and any containers used for water delivery
				  shall be covered to prevent the entrance of dust, insects, or other
				  contaminants.
(4) A suitable water
				  outlet or water container shall be provided for each 100 persons and be
				  conveniently located for dispensing the water. If containers are utilized for
				  water distribution, the containers shall be properly covered and provisions
				  made for keeping the covers locked. A chlorine residual of at least 0.2
				  milligrams per liter shall be maintained at all times at each water
				  distribution point.
(5) The use of
				  the common drinking cup is prohibited. At least one dispensable cup shall be
				  provided for each person per hour of attendance.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 265 - GENERAL SANITATION › Subchapter B - TEXAS YOUTH CAMPS SAFETY AND HEALTH › Section 265.13 - Site and Physical Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Safety of camp facility. The buildings, structures, and grounds shall not
				  present a fire, health, or safety hazard.
(b) Accumulation of refuse and debris. The
				  premises of each camp shall be kept free of accumulations of refuse and
				  debris.
(c) Compliance with
				  building, plumbing, electrical and life safety codes. All camp buildings shall
				  comply with applicable building, plumbing, electrical, life safety, and similar
				  codes.
(d) Permanent living or
				  sleeping structures. All permanent structures used for living or sleeping
				  purposes in the camp shall be provided with walls, floors, and ceilings that
				  shall be kept clean and in good repair.
(e) Separate beds, bunks or cots. A separate
				  bed, bunk, or cot shall be required for each person. Beds shall be spaced in a
				  manner that is free of obstruction for entering and exiting.
(f) Bunk bed guardrails. In all rooms housing
				  campers, all bunk beds shall have at least two guardrails, one on each side of
				  the bed for each bed having the underside of its foundation more than 30 inches
				  from the floor in accordance with the Code of Federal Regulations (CFR), 16
				  CFR, Part 1513.3. Bunk beds securely attached to a wall may utilize the wall as
				  one guardrail.
(g) Location of
				  sleeping quarters. Sleeping shall not be permitted in kitchens or in rooms used
				  for food preparation, storage, or service.
(h) Bedding provided by the camp. All
				  articles of bedding provided by the camp, including mattresses and mattress
				  covers, shall be kept clean and in good repair. Any bedroll provided by the
				  camp and used by campers must be properly cleaned between use by different
				  individuals.
(i) Toilets and
				  urinals. The camp shall provide at least one toilet for every 15 females and
				  one toilet for every 15 males. In each male toilet facility, up to 70% of the
				  toilets required may be urinals. In facilities with more than one toilet, some
				  means of privacy must be provided for each toilet.
(j) Lavatories. The camp shall provide at
				  least one lavatory adjacent to toilet facilities. In facilities with more than
				  five toilets or urinals in a room, there must be a minimum of two
				  lavatories.
(k) Hand cleanser
				  required. Each lavatory shall be equipped with one of the following methods to
				  sanitize hands:
(1) lavatories with hot and
				  cold running water shall have soap or hand cleanser available at all
				  times;
(2) lavatories with only
				  cold running water shall have hand sanitizer or anti-bacterial soap available
				  at all times; or
(3) portable
				  toilet facilities not equipped with lavatories providing water shall have
				  waterless hand sanitizer available at all times.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 265 - GENERAL SANITATION › Subchapter B - TEXAS YOUTH CAMPS SAFETY AND HEALTH › Section 265.14 - Primitive or Wilderness Camp

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Maintenance and operation of primitive campsites. Primitive campsites shall be
				  maintained and operated in a safe and healthful manner.
(b) Drinking water at primitive camp, on
				  hikes, or on trips away. Drinking water used at primitive camps and on hikes
				  and trips away from permanent campsites shall be from a source known to be safe
				  or shall be rendered safe.
(c)
				  Toilet facilities at primitive campsites. Primitive campsites that are not
				  provided with approved toilet facilities shall have a separate toilet area
				  designated for each sex. Slit trenches or cat holes with a readily available
				  supply of clean earth backfill or other disposal methods approved by the
				  department's Policy, Standards and Quality Assurance Unit, shall be utilized
				  for the disposal of human excreta in these areas. Approval shall be received in
				  writing prior to implementation. Toilet areas shall be located at least 150
				  feet from a stream, lake, or well, and at least 75 feet from a campsite, tent,
				  or other sleeping or housing facility.
(d) Disposal of solid wastes at primitive
				  campsites. Solid wastes that are generated in primitive camps shall be disposed
				  of at a TCEQ approved sanitary landfill or other disposal facility approved by
				  TCEQ under 30 TAC, Chapter 330, Municipal Solid Waste.
(e) Food service at primitive campsites. Only
				  foods that can be maintained in a wholesome condition with the equipment
				  available shall be used at primitive camps.
(f) Use of hot water and detergent to wash
				  food utensils. Hot water and detergent shall be used to wash all food utensils
				  after each meal at primitive campsites.
(g) Supervision of campers at primitive
				  camps. Campers utilizing primitive camps shall be adequately supervised at all
				  times by a responsible adult who is knowledgeable concerning proper wilderness
				  camping techniques. A minimum ratio of one such supervising adult for each ten
				  campers shall be maintained in the immediate vicinity (within sight and/or
				  hearing) of the campers.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 265 - GENERAL SANITATION › Subchapter B - TEXAS YOUTH CAMPS SAFETY AND HEALTH › Section 265.15 - Medical and Nursing Care

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Record of an on-call physician required. Documentation shall be kept on file of
				  a physician licensed to practice in Texas who is available to be on call at all
				  times to advise health service personnel on all first aid and nursing services
				  provided by the camp.
(b) Emergency
				  transportation. Transportation shall be available at all times to transport any
				  sick or injured camper in an emergency.
(c) Medical staffing requirements. A
				  physician, registered nurse, licensed vocational nurse, or a person with an
				  American Red Cross Emergency Response certificate, or its equivalent, shall be
				  in the camp and on call at all times, and will be considered the Camp Health
				  Officer. For camps having documented evidence, such as a letter from the local
				  emergency medical services (EMS), that the camp is located within a 20-minute
				  community EMS response time, a person certified in American Red Cross Community
				  First Aid and Safety, or its equivalent, shall be in the camp and on call at
				  all times, and will be considered the Camp Health Officer.
(d) Requirement to report incidents of abuse
				  or neglect of a minor.
(1) Requirement to
				  report incidents of abuse or neglect of a minor at a youth camp.
(A) If a person, including any member of camp
				  staff, a camp counselor, or camp director has cause to believe that a minor has
				  been or may have been abused or neglected as those terms are defined in the
				  Texas Family Code, Chapter 261, and the abuse or neglect occurred at the youth
				  camp, then that person shall immediately make a report, in accordance with
				  Texas Family Code, §
												261.101(a)
				  to one of the appropriate agencies designated by Texas Family Code, §
												261.103. Accordingly, a
				  report shall be made to:
(i) any local or
				  state law enforcement agency;
(ii)
				  the Department of Family and Protective Services Abuse Hotline, which may be
				  contacted at (800) 252-5400 or through the secure web site
				  http://www.txabusehotline.org/; or
(iii) the Department of State Health
				  Services.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 265 - GENERAL SANITATION › Subchapter B - TEXAS YOUTH CAMPS SAFETY AND HEALTH › Section 265.16 - Waterfront Safety

Current through Reg. 49, No. 28; July 12, 2024
(a) Adult
				  waterfront director required at youth camps. An adult waterfront director, who
				  holds a current lifeguard certificate or its equivalent, shall be in charge of
				  all waterfront activities. While waterfront activities are in progress, the
				  waterfront director or an adult certified lifeguard assistant shall be in the
				  immediate vicinity (within sight and/or hearing) of the campers, supervising
				  the program.
(b) Responsibilities
				  of the waterfront director. The waterfront director is to be responsible for
				  all waterfront supervision procedures and is responsible for ensuring that the
				  waterfront procedures are strictly enforced. The waterfront staff shall not
				  engage in personal recreational swimming, boating or any other waterfront
				  activity while on waterfront duty. For every 35 campers, or fraction thereof,
				  engaged in waterfront activities, there shall be one certified lifeguard and
				  one additional person (either a certified lifeguard or trained adult lookout)
				  on duty. Camps utilizing natural bodies of water such as rivers, lakes, or
				  creeks may need to increase this ratio.
(c) Maintenance and operation of swimming
				  areas.
(1) Swimming areas shall be maintained
				  and operated in a safe and clean condition. Youth camp swimming pools are class
				  C pools, and shall be built, operated, and maintained in accordance with 25
				  Texas Administrative Code (TAC), Chapter 265, General Sanitation, Subchapter L,
				  Standards for Public Pools and Spas.
(2) Interactive water features and fountains
				  at youth camps shall be maintained and operated in a safe and clean condition.
				  Interactive water features and fountains at youth camps shall be built,
				  operated, and maintained in accordance with 25 TAC, Chapter 265, General
				  Sanitation, Subchapter M, Interactive Water Features and Fountains.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 265 - GENERAL SANITATION › Subchapter B - TEXAS YOUTH CAMPS SAFETY AND HEALTH › Section 265.17 - Program Safety and Equipment

Current through Reg. 49, No. 28; July 12, 2024
(a) Firearm or
				  pellet gun programs at youth camps. A firearm or pellet gun program shall be
				  conducted on a range that meets or exceeds the specifications outlined by the
				  National Rifle Association or its equivalent. Safety procedures shall be
				  enforced whenever the range is in use. The range shall be conspicuously marked
				  and configured to prevent entry of campers onto the range while it is in
				  use.
(b) Archery program at youth
				  camps. An archery program shall be conducted on a range that meets or exceeds
				  the specifications outlined by the National Field Archery Association or its
				  equivalent. The archery range shall be conspicuously marked and configured to
				  prevent entry of campers onto the range while it is in use.
(c) Program equipment condition and use.
				  Equipment used in all programs shall be kept in good condition and present no
				  hazard as a result of poor condition to the user at any time.
(d) Storage of firearms, pellet guns, and
				  archery equipment when not in use. Firearms, pellet guns, ammunition, and
				  archery equipment shall be kept in a secured area when not in use.
(e) Safety and maintenance of tools used by
				  campers. All tools, including power tools, used by campers shall be maintained
				  in good repair, shall have the necessary safety guard attached, and shall be
				  used only under supervision.
(f)
				  Horseback riding programs.
(1) Camps
				  providing horseback riding programs shall require the head instructor or
				  director of the program to follow the camp's riding program and safety
				  procedures outlined in a written document. This document shall include the
				  following:
(A) procedures to be followed in
				  the event of an accident;
(B)
				  procedures to determine each horse's suitability for safe use;
(C) proper care of tack and
				  equipment;
(D) proper procedure for
				  mounting;
(E) the number of riders
				  per supervisor; and
(F) any other
				  information that is specific to the camp's equestrian program or is helpful to
				  the horseback riding director.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 265 - GENERAL SANITATION › Subchapter B - TEXAS YOUTH CAMPS SAFETY AND HEALTH › Section 265.18 - Fire Prevention

Current through Reg. 49, No. 28; July 12, 2024
(a) Fire and
				  safety codes. Facilities at all youth camps shall meet local fire and safety
				  codes.
(b) Fire exits in buildings.
				  All buildings in which groups of people live, eat, sleep, or assemble shall be
				  provided with ready exits for use in case of fire and these exits shall be
				  conspicuously marked.
(c) Storage
				  of flammable or explosive materials. Containers of gasoline, flammables, or
				  explosives shall be plainly marked and stored in a locked area separate and
				  apart from any and all permanent and semi-permanent structures used by campers.
				  The presence of such materials shall be kept to a minimum.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 265 - GENERAL SANITATION › Subchapter B - TEXAS YOUTH CAMPS SAFETY AND HEALTH › Section 265.19 - Maintenance and Safe Use of Motor Vehicles

Current through Reg. 49, No. 28; July 12, 2024
(a) Inspection of vehicles used for
				  transportation of campers. Any vehicle used for transporting children on public
				  roadways shall have all current and applicable Department of Public Safety
				  vehicle inspections.
(b) First aid
				  kits in vehicles transporting campers or staff. Every vehicle used for
				  transporting staff or campers off site shall be equipped with a first aid kit
				  containing the items listed in §
										265.15(f)
				  of this title (relating to Medical and Nursing Care) and emergency equipment
				  such as fire extinguishers, tools, and flares.
(c) Drivers shall have a valid driver's
				  license. All drivers shall be adults and hold a valid driver's license
				  appropriate for the type of vehicle being driven.
(d) Safety belts. In any vehicle used for
				  transportation of campers that is equipped with safety belts or that is
				  required by any law to be equipped with safety belts:
(1) the safety belts shall be in good working
				  condition; and
(2) all campers
				  shall wear the safety belts provided when the vehicle is in motion.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 265 - GENERAL SANITATION › Subchapter B - TEXAS YOUTH CAMPS SAFETY AND HEALTH › Section 265.20 - Farm and Domestic Animals

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Location of animals. Horses and other animals maintained at any camp shall be
				  quartered at a reasonable distance from any sleeping, living, eating, or food
				  preparation area.
(b) Location of
				  stables or corrals. Stables and corrals shall be located so as to prevent
				  contamination of any water supply. Manure shall be removed from stalls and
				  corrals as often as necessary to prevent a fly problem.
(c) Animals in waterfront areas prohibited.
				  Horses, dogs, or other domestic animals or pets shall not be permitted on a
				  beach or in the water near the beach when in use for waterfront
				  activities.
(d) Rabies vaccinations
				  of animals. All dogs and cats owned or under the supervision of anyone on the
				  camp premises shall be currently vaccinated against rabies in compliance with
				  Health and Safety Code, §
										826.021.
				  Evidence of vaccination shall be provided to a department representative upon
				  request.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 265 - GENERAL SANITATION › Subchapter B - TEXAS YOUTH CAMPS SAFETY AND HEALTH › Section 265.21 - Insect and Rodent Control

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Prevention of insect, rodent or other pest infestations. The camp management
				  shall maintain every building used or intended for human habitation in a manner
				  to keep it free from insects, rodents, and other pests.
(b) Storage of chemical control agents.
				  Chemical control agents, insecticides, rodenticides, and other hazardous
				  chemicals shall have the containers plainly marked and be stored in a locked
				  area not accessible to campers. The presence of such chemicals shall be kept to
				  a minimum.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 265 - GENERAL SANITATION › Subchapter B - TEXAS YOUTH CAMPS SAFETY AND HEALTH › Section 265.22 - Nudity Prohibited

Current through Reg. 49, No. 28; July 12, 2024
A youth camp may not allow campers or staff to be nude
					 except when bathing, showering, changing clothing, or receiving medical
					 care.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 265 - GENERAL SANITATION › Subchapter B - TEXAS YOUTH CAMPS SAFETY AND HEALTH › Section 265.23 - Application and Denial of a New License; Non-transferable

Current through Reg. 49, No. 28; July 12, 2024
(a) License required. A person shall possess
				  a valid youth camp license prior to operating a youth camp.
(1) Submitting an application. An application
				  is made by submitting:
(A) a completed youth
				  camp application;
(B) an activity
				  schedule showing dates and detailed information about the activities that are
				  conducted both at the camp and at other locations;
(C) any other requested documents and
				  information; and
(D) paying the
				  license fee as described in §
												265.28 of this
				  title (relating to Fees).
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 265 - GENERAL SANITATION › Subchapter B - TEXAS YOUTH CAMPS SAFETY AND HEALTH › Section 265.24 - Application and Denial of a Renewal License

Current through Reg. 49, No. 28; July 12, 2024
(a) Renewal of a youth camp license. A person
				  holding a license under the Act shall renew the license annually before the
				  license expires.
(b) Renewal
				  notice. At least 60 days before a license expires, the department, as a service
				  to the licensee, may send a renewal notice to the licensee or registrant to the
				  last known address of the licensee. It remains the responsibility of the
				  licensee to keep the department informed of the licensee's current address and
				  to take action to renew the license whether or not they have received the
				  notification from the department. The renewal notice shall state:
(1) the type of license requiring
				  renewal;
(2) the time period
				  allowed for renewal; and
(3) the
				  amount of the renewal fee.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 265 - GENERAL SANITATION › Subchapter B - TEXAS YOUTH CAMPS SAFETY AND HEALTH › Section 265.25 - Inspections

Current through Reg. 49, No. 28; July 12, 2024
(a) Inspections and
				  corrections. An employee or agent of the department may enter any property for
				  which a license is issued in accordance with the Act, property for which a
				  license application to operate a youth camp is pending, or property on which a
				  youth camp is operating without a license to investigate and inspect conditions
				  relating to the health and safety of the campers. An employee or agent of the
				  department who enters a youth camp to investigate and inspect conditions shall:
(1) notify the person in charge of the camp
				  of the inspector's presence and shall present proper credentials;
(2) notify the person in charge of the camp
				  or the person's designee of any violations as they are discovered;
				  and
(3) allow the camp to correct
				  the violations while the investigation and inspection is occurring.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 265 - GENERAL SANITATION › Subchapter B - TEXAS YOUTH CAMPS SAFETY AND HEALTH › Section 265.26 - Civil Penalties and Injunctions

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  person violating the Act or a rule or order adopted under the Act is subject to
				  a civil penalty of not less than $50 or more than $1,000 for each act of
				  violation.
(b) If it appears that a
				  person has violated, is violating, or is threatening to violate the Act or a
				  rule or order adopted under the Act, the department may bring a civil action in
				  a district court for injunctive relief, a civil penalty, or both.
(c) The district court, upon finding that the
				  person is violating the Act, or a rule or order adopted under the Act, shall
				  grant injunctive relief, assess a civil penalty, or both, as warranted by the
				  facts.
(d) The department may
				  petition a district court for a temporary restraining order to immediately halt
				  a violation or other action creating an emergency condition if it appears that
				  a person is:
(1) violating or threatening to
				  violate the Act or a rule or order adopted under the Act; or
(2) taking any other action that creates an
				  emergency condition that constitutes an imminent danger to the health, safety,
				  or welfare of campers, staff or visitors at a youth camp.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 265 - GENERAL SANITATION › Subchapter B - TEXAS YOUTH CAMPS SAFETY AND HEALTH › Section 265.27 - Revocation, Administrative Penalties, and Hearings

Current through Reg. 49, No. 28; July 12, 2024
(a) License revocation.
(1) If the department finds that a violation
				  of the Act or of a rule has occurred or is occurring at a youth camp for which
				  a license has been issued, the department shall give written notice to the
				  licensee setting forth the nature of the violation and demanding that the
				  violation cease.
(2) The department
				  may initiate proceedings to revoke the license if the licensee fails to comply
				  with the notice of violation in the time and manner directed in the
				  notice.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 265 - GENERAL SANITATION › Subchapter B - TEXAS YOUTH CAMPS SAFETY AND HEALTH › Section 265.28 - Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) The schedule of
				  annual fees is as follows:
(1) initial
				  license day youth camp--$250;
(2)
				  initial license residential youth camp--$750;
(3) renewal license day youth camps operating
				  less than 10 days per year--$50;
(4) renewal license day youth camps operating
				  10 or more days per year--$150;
(5)
				  renewal license residential youth camps operating less than 10 days per
				  year--$100; and
(6) renewal license
				  residential youth camps operating 10 or more days per year--$450.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 265 - GENERAL SANITATION › Subchapter B - TEXAS YOUTH CAMPS SAFETY AND HEALTH › Section 265.29 - Youth Camp Committee

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Advisory committee.
(1) Committee
				  appointment. The executive commissioner or his designee shall appoint a
				  committee to:
(A) advise the executive
				  commissioner in the development of standards and procedures;
(B) make recommendations to the executive
				  commissioner regarding the content of the rules adopted to implement the Act;
				  and
(C) perform any other functions
				  requested by the executive commissioner in the implementation and
				  administration of the Act.