reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 218 - EVALUATION OF MILK AND SHELLFISH LABORATORIES › Subchapter A - VALUATION OF MILK LABORATORIES › Section 218.4 - Accreditation or Approval Application

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  A laboratory must submit an application for accreditation or approval to the
				  department on a form specified by the department at
http://www.dshs.texas.gov/milk
.
(b) A laboratory may apply for accreditation
				  in a single category or any combination of categories from the following list:
(1) antibiotic milk laboratory;
(2) milk industry laboratory; or
(3) full service milk laboratory.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 218 - EVALUATION OF MILK AND SHELLFISH LABORATORIES › Subchapter A - VALUATION OF MILK LABORATORIES › Section 218.5 - Standards

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  requirements specified in § 218.3 of this title (relating to Evaluation of
				  Milk Laboratories) are minimum standards for a laboratory applying for or
				  renewing accreditation or approval in Texas. These specifications are available
				  online at
http://www.dshs.texas.gov/milk
and
				  for review during normal business hours at the Milk and Dairy Unit, Department
				  of State Health Services, 8407 Wall Street, Austin, Texas 78754.
(b) Each applicant laboratory will be
				  evaluated, at a minimum on the following factors:
(1) milk testing procedure performance of
				  staff;
(2) quality assurance plan;
(3) manuals of procedures;
(4) performance on split samples;
(5) equipment;
(6) calibrations and standards;
(7) methodology;
(8) facilities;
(9) sample acceptance policies;
(10) sample tracking;
(11) record keeping;
(12) reporting; and
(13) interpretation of results.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 218 - EVALUATION OF MILK AND SHELLFISH LABORATORIES › Subchapter A - VALUATION OF MILK LABORATORIES › Section 218.6 - Inspections

Current through Reg. 49, No. 28; July 12, 2024
The department may conduct onsite inspections of
					 laboratories to ascertain adherence to minimum standards as specified in §
					 218.3 of this title (relating to Evaluation of Milk Laboratories) and the
					 effectiveness of the accreditation or approval standards. For laboratories for
					 which the department serves as both the evaluating and accreditation or
					 approval authority, onsite inspections will be conducted at least
					 biennially.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 218 - EVALUATION OF MILK AND SHELLFISH LABORATORIES › Subchapter A - VALUATION OF MILK LABORATORIES › Section 218.7 - Withdrawal of Accreditation or Approval

Current through Reg. 49, No. 28; July 12, 2024
(a) A laboratory that fails to meet
				  requirements may be placed on provisionally accredited or approved status:
(1) by scoring outside the acceptable limits
				  on a set of split samples;
(2) by
				  having serious deficiencies at the time of an onsite inspection; or
(3) by failing to notify the department
				  within 30 days of major changes which might impair analytical capability
				  (personnel, equipment, or location).
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 218 - EVALUATION OF MILK AND SHELLFISH LABORATORIES › Subchapter B - EVALUATION OF SHELLFISH LABORATORIES › Section 218.21 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
This subchapter establishes the procedures for shellfish
					 laboratories to be conforming under state law, Texas Health and Safety Code,
					 Chapters 12 and 435.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 218 - EVALUATION OF MILK AND SHELLFISH LABORATORIES › Subchapter B - EVALUATION OF SHELLFISH LABORATORIES › Section 218.22 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings unless the context clearly
					 indicates otherwise.
(1) Conforming
				  status--An official status granted by the department to a laboratory. The
				  official status permits the analysis of shellfish samples in accordance with
				  applicable rules based on the process outlined in this subchapter. Conforming
				  status means that a laboratory has been found to be capable of correctly
				  performing the analyses for which it is approved.
(2) Critical nonconformity--A deviation of a
				  laboratory requirement which has the highest likelihood of adversely affecting
				  the quality of the analytical results.
(3) Department--The Department of State
				  Health Services.
(4) Evaluation--A
				  fact-finding process performed by the department in which information and
				  observations are collected for the purpose of evaluating the laboratory's
				  compliance with established standards. Evaluation includes an onsite inspection
				  but can, under a certain circumstance, be conducted by desk audit.
(5) Key nonconformity--A deviation of
				  laboratory requirement that has a significant potential to adversely affect the
				  quality of the analytical results.
(6) Other nonconformity--A deviation of a
				  laboratory requirement which does not normally compromise the quality of the
				  analytical results, but generally serves to enhance the overall operation of
				  the laboratory.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 218 - EVALUATION OF MILK AND SHELLFISH LABORATORIES › Subchapter B - EVALUATION OF SHELLFISH LABORATORIES › Section 218.23 - National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish

Current through Reg. 49, No. 28; July 12, 2024
The department adopts by reference the document entitled,
					 National Shellfish Sanitation Program Guide for the Control of Molluscan
					 Shellfish, as amended, published by the U.S. Department of Health and Human
					 Services, Public Health Service, U.S. Food and Drug Administration, and the
					 Interstate Shellfish Sanitation Conference. The document provides the
					 procedures for the evaluation of shellfish laboratories. Copies are available
					 online at
http://www.dshs.texas.gov/seafood
and for review during normal business hours at the Seafood and Aquatic Life
					 Unit, Department of State Health Services, 8407 Wall Street, Austin, Texas
					 78754.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 218 - EVALUATION OF MILK AND SHELLFISH LABORATORIES › Subchapter B - EVALUATION OF SHELLFISH LABORATORIES › Section 218.24 - Standards

Current through Reg. 49, No. 28; July 12, 2024
(a) The minimum
				  standards for conforming status are specified in § 218.23 of this title
				  (relating to National Shellfish Sanitation Program Guide for the Control of
				  Molluscan Shellfish), and the U.S. Food and Drug Administration Shellfish
				  Laboratory Evaluation Checklists. These specifications are available online at
http://www.dshs.texas.gov/seafood
and for review during normal business hours at the Seafood and Aquatic Life
				  Unit, Department of State Health Services, 8407 Wall Street, Austin, Texas
				  78754.
(b) Each laboratory will be
				  evaluated, at a minimum on the following factors:
(1) credentials and performance of
				  staff;
(2) quality assurance
				  plan;
(3) manuals of
				  procedures;
(4) staff training
				  program;
(5) corrective action for
				  any deficiencies and nonconformities;
(6) performance on proficiency test
				  samples;
(7) equipment;
(8) calibrations and standards;
(9) methodology;
(10) facilities;
(11) sample acceptance policies;
(12) sample tracking;
(13) record keeping;
(14) reporting; and
(15) interpretation of results.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 218 - EVALUATION OF MILK AND SHELLFISH LABORATORIES › Subchapter B - EVALUATION OF SHELLFISH LABORATORIES › Section 218.25 - Inspections

Current through Reg. 49, No. 28; July 12, 2024
The department may conduct onsite inspections of
					 laboratories to ascertain adherence to minimum standards as specified in §
					 218.23 of this title (relating to National Shellfish Sanitation Program Guide
					 for the Control of Molluscan Shellfish) and the U.S. Food and Drug
					 Administration Shellfish Laboratory Evaluation Checklists. Inspections will be
					 conducted on at least a three-year basis.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 218 - EVALUATION OF MILK AND SHELLFISH LABORATORIES › Subchapter B - EVALUATION OF SHELLFISH LABORATORIES › Section 218.26 - Withdrawal of Conforming Status

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  laboratory found to be in conforming status, with noted nonconformities, has up
				  to 90 days to successfully correct all nonconformities noted in the evaluation.
				  After this period, the laboratory's status will be downgraded to nonconforming
				  if any key nonconformities remain to be successfully corrected. As a result,
				  data being generated by the laboratory will no longer be acceptable for use in
				  support of the National Shellfish Sanitation Program.
(b) A laboratory found to be in provisionally
				  conforming status has up to 60 days to successfully correct all nonconformities
				  noted in the evaluation. After this period, the laboratory's status will be
				  assigned to one of the following.
(1)
				  Conforming status if all critical and key nonconformities have been
				  successfully corrected.
(2)
				  Nonconforming status if any critical or key nonconformities remain to be
				  successfully corrected. As a result, data generated by the laboratory will no
				  longer be acceptable for use in support of the National Shellfish Sanitation
				  Program.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 221 - MEAT SAFETY ASSURANCE › Subchapter A - TRANSPORTING DEAD ANIMALS AND RENDERING › Section 221.1 - General Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) This
				  subchapter provides for the registration of rendering businesses; transporters
				  of renderable raw materials and dead animals; and locations where a rendering
				  business is conducted.
(b) The
				  Texas Meat and Poultry Inspection Act, Texas Health and Safety Code, Chapter
				  433, provides the department with the authority to adopt rules consistent with
				  the chapter as necessary pursuant to the enforcement of this chapter.
(c) No person may cause, suffer, or allow the
				  operation, management, or maintenance of a rendering business or rendering
				  business location without registering with the department in accordance with
				  this subchapter.
(d) All rendering
				  businesses and rendering business locations shall comply with the minimum
				  standards specified in this subchapter in addition to existing standards
				  contained in Texas Health and Safety Code, Chapter 144 and the Texas Meat and
				  Poultry Inspection Act, Texas Health and Safety Code, Chapter 433, relating to
				  adulteration and misbranding.
(e)
				  Any person who transports renderable raw materials or dead animals from any
				  place within this state to any place outside of the borders of this state must
				  be registered with the department.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 221 - MEAT SAFETY ASSURANCE › Subchapter A - TRANSPORTING DEAD ANIMALS AND RENDERING › Section 221.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this subchapter
					 , shall have the following meanings unless the context clearly indicates
					 otherwise.
(1)
				  Commissioner--Commissioner of the Department of State Health
				  Services.
(2) Dead animal--The
				  whole or substantially whole carcass of a dead or fallen domestic animal, or
				  domesticated wild animal, that was not slaughtered for human
				  consumption.
(3) Dead animal
				  hauler--A person who collects and disposes of dead animals for commercial
				  purposes.
(4) Department--The
				  Department of State Health Services
(5) Department representative--An employee of
				  the department designated by the commissioner to enforce Texas Health and
				  Safety Code, Chapter 144, and the Texas Meat and Poultry Inspection Act, Texas
				  Health and Safety Code, Chapter 433.
(6) Disposal--The burying, burning, cooking,
				  processing, or rendering of dead animals or of renderable raw
				  materials.
(7) Employee--A person
				  who:
(A) is a legal employee of a rendering
				  establishment; and
(B) handles or
				  operates rendering equipment, utensils, containers, packaging materials or
				  vehicles, owned or leased by the rendering establishment which are used to
				  transport renderable raw material, recyclable cooking oil and/or waste cooking
				  grease, and dead animals.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 221 - MEAT SAFETY ASSURANCE › Subchapter A - TRANSPORTING DEAD ANIMALS AND RENDERING › Section 221.3 - Registration Requirements, Exemptions, and Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) Registering requirements. All rendering
				  businesses, renderable raw material haulers and dead animal haulers shall
				  register with the department unless an exemption applies in subsection (b) of
				  this section. A registration is required for each business and place of
				  business operated as a:
(1) rendering
				  establishment;
(2) related
				  station;
(3) transfer
				  station;
(4) renderable raw
				  material hauler;
(5) dead animal
				  hauler; or
(6) combination dead
				  animal and renderable raw material hauler.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 221 - MEAT SAFETY ASSURANCE › Subchapter B - MEAT AND POULTRY INSPECTION › Section 221.14 - Custom Exempt Slaughter and Processing; Low-Volume Poultry or Rabbit Slaughter Operations

Current through Reg. 49, No. 28; July 12, 2024
(a) Custom
				  slaughter requirements. The requirements of this section shall apply to the
				  custom slaughter by any person of livestock, as defined in §
										221.12(b)
				  of this title (relating to Meat and Poultry Inspection), delivered by or for
				  the owner thereof for such slaughter, not for sale to the public and for the
				  exclusive use of the owner, a member of the owner's household, or a nonpaying
				  guest of the owner. The requirements of this section do not apply to hunter
				  killed game animals, as defined in §
										221.12(b)
				  of this title. The requirements of this section do not apply to processing of
				  hunter killed exotic animals, or hunter killed feral swine, as defined in
				  §
										221.12(b)
				  of this title, provided persons engaged in such processing do not utilize the
				  same facilities to engage in the receipt, storage, processing, or distribution
				  of other meat and/or poultry food products.
(1) Animals for slaughter. Only healthy
				  animals, exhibiting no abnormalities, may be accepted for custom slaughter at
				  custom slaughter establishments. Unhealthy or unsound animals are those that
				  exhibit any condition that is not normally expected to be exhibited in a
				  healthy and sound member of that species.
(A)
				  Examples of abnormal or unsound animals include animals that are not able to
				  get up, or animals that have a missing or abnormal eye, swellings, rectal or
				  vaginal prolapse, ocular or nasal discharge, a cough, or a limp.
(B) Animals that have an obviously recent
				  break of the lower leg (below the stifle or elbow) and are able to walk and
				  stand are not considered to be unsound or unhealthy if no other abnormal
				  conditions are noted.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 221 - MEAT SAFETY ASSURANCE › Subchapter B - MEAT AND POULTRY INSPECTION › Section 221.15 - Inspection of Alternate Source Food Animals

Current through Reg. 49, No. 28; July 12, 2024
(a) Requirements. Specific requirements of
				  this section shall be in addition to those required by the rules adopted for
				  inspection of livestock, under the Texas Meat and Poultry Inspection Act, and
				  federal regulations as listed in §
										221.11
				  of this title (relating to Federal Regulations on Meat and Poultry
				  Inspection).
(b) Fees. Fees shall
				  be assessed in one-half hour increments for inspection services, provided by a
				  department inspector to a facility holding a grant of inspection, as specified
				  in § 221.16 of this title (relating to Fees ). Failure of a grant holder
				  to promptly pay invoices will result in cessation of overtime inspection
				  services. Inspection time includes:
(1) the
				  inspector's time in the field during a hunt;
(2) the inspector's time spent completing
				  inspection records;
(3) the
				  inspector's time spent waiting for any purpose to facilitate the
				  processor;
(4) the inspector's time
				  for travel between hunt sites; and
(5) the inspector's time for travel from the
				  inspector's official duty location to the field site and
				  return.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 221 - MEAT SAFETY ASSURANCE › Subchapter B - MEAT AND POULTRY INSPECTION › Section 221.16 - Fees

Current through Reg. 49, No. 28; July 12, 2024
Special fees for inspection services.
(1) Inspection time. Inspection time may
				  include:
(A) the inspector's time for
				  performing inspectionservices;
(B)
				  the inspector's time for completing inspection records;
(C) the inspector's time for waiting for any
				  purpose to facilitate the slaughterer/processor to begin their regulated
				  activity; and
(D) the inspector's
				  time for traveling to perform inspection services.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 227 - MINIMUM GUIDELINES FOR HUMAN DONOR MILK BANKS › Section 227.1 - Minimum Guidelines

Current through Reg. 49, No. 28; July 12, 2024
The Texas Department of Health (department) adopts by
				  reference the publication entitled "Guidelines for the Establishment and
				  Operation of a Donor Human Milk Bank", Ninth Edition, 2000, as amended, written
				  by the Human Milk Banking Association of North America, Inc.
(1) A copy of the guidelines are on file at
				the Texas Department of Health, Bureau of Food and Drug Safety, 1100 West 49th
				Street, Austin, Texas 78756, and may be viewed during normal working
				hours.
(2) The guidelines may be
				viewed on the Texas Department of Health's Bureau of Food and Drug Safety
				website at www.tdh.state.tx.us/bfds.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 228 - RETAIL FOOD ESTABLISHMENTS › Subchapter A - GENERAL PROVISIONS › Section 228.1 - Purpose and Regulations

Current through Reg. 49, No. 28; July 12, 2024
(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.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 228 - RETAIL FOOD ESTABLISHMENTS › Subchapter A - GENERAL PROVISIONS › Section 228.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 shall have the following meanings unless the context clearly indicates
					 otherwise.
(1) Accredited program--Food
				  manager certification program that has been evaluated and listed by the
				  department and conforms to standards set by the department in §
										229.172
				  of this title (relating to Accreditation of Certified Food Management
				  Programs).
(2) Adulterated food--A
				  food deemed to be adulterated as specified in the Texas Health and Safety Code,
				  §
										431.081.
(3) Bed and breakfast extended--An
				  establishment with more than seven rooms for rent or an establishment that
				  provides food service other than breakfast to overnight guests.
(4) Bed and breakfast food establishment--A
				  bed and breakfast that provides food service to customers in addition to its
				  overnight guests.
(5) Bed and
				  breakfast limited--An establishment that has seven or fewer rooms for rent,
				  serves breakfast to overnight guests, and is not a retail food
				  establishment.
(6) Central
				  preparation facility--An approved and permitted facility or space where food is
				  prepared, stored, and packaged.
(7)
				  Code of Federal Regulations (CFR)--Citations to the CFR refer sequentially to
				  the Title, Part, and Section numbers, such as 40 CFR 180.194 refers to Title
				  40, Part 180, Section 194.
(8)
				  Common carrier--An individual or business that advertises to the public that it
				  is available for hire to transport people or property, including food, in
				  exchange for a fee.
(9) Cottage
				  food production operation--An individual, operating out of the individual's
				  home, who:
(A) produces at the individual's
				  home:
(i) a baked good that is not a time and
				  temperature control for safety food (TCS food), as defined in §
												229.661(b)(13)
				  of this title (relating to Cottage Food Production Operations);
(ii) candy;
(iii) coated and uncoated nuts;
(iv) unroasted nut butters;
(v) fruit butters;
(vi) a canned jam or jelly;
(vii) a fruit pie;
(viii) dehydrated fruit or vegetables,
				  including dried beans;
(ix) popcorn
				  and popcorn snacks;
(x) cereal,
				  including granola;
(xi) dry
				  mix;
(xii) vinegar;
(xiii) pickled fruit or vegetables, including
				  beets and carrots, that are preserved in vinegar, brine, or a similar solution
				  at an equilibrium pH value of 4.6 or less;
(xiv) mustard;
(xv) roasted coffee or dry tea;
(xvi) a dried herb or dried-herb
				  mix;
(xvii) plant-based acidified
				  canned goods;
(xviii) fermented
				  vegetable products, including products that are refrigerated to preserve
				  quality;
(xix) frozen raw and uncut
				  fruit or vegetables; or
(xx) any
				  other food that is not a TCS food, as defined in §
												229.661(b)(13)
				  of this title.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 228 - RETAIL FOOD ESTABLISHMENTS › Subchapter B - MANAGEMENT AND PERSONNEL › Section 228.31 - Certified Food Protection Manager and Food Handler Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) The original
				  food manager certificate shall be posted in the food establishment in a
				  location that is conspicuous to consumers.
(b) Except as specified in subsection (c) of
				  this section, a certified food protection manager shall be present at the food
				  establishment during all hours of operation as required in Food Code,
				  §2-101.11 and §2-102.12.
(c) Food establishments deemed by the
				  regulatory authority to pose minimal risk of causing, or contributing to,
				  foodborne illness based on the nature of the operation and extent of food
				  preparation, such as but not limited to:
(1)
				  establishments that handle only prepackaged food and do not package
				  food;
(2) establishments that do
				  not prepare or handle exposed Time/Temperature Control for Safety (TCS);
				  or
(3) temporary food
				  establishments are exempt from the requirements in subsection (b) of this
				  section.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 228 - RETAIL FOOD ESTABLISHMENTS › Subchapter B - MANAGEMENT AND PERSONNEL › Section 228.32 - Reporting Symptoms and Diagnosis Signage

Current through Reg. 49, No. 28; July 12, 2024
A food establishment shall post a sign or poster, clearly
					 visible to food employees, by all handwashing sinks. The sign or poster shall
					 notify food employees to report symptoms and diagnosis information about their
					 health as it relates to diseases that are transmissible through
					 food.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 228 - RETAIL FOOD ESTABLISHMENTS › Subchapter B - MANAGEMENT AND PERSONNEL › Section 228.33 - Food Allergen Awareness Poster Required

Current through Reg. 49, No. 28; July 12, 2024
(a) A food
				  establishment shall display a poster relating to food allergen awareness in an
				  area of the establishment regularly accessible to the establishment's food
				  service employees.
(b) The food
				  allergen awareness poster shall be identical or substantially similar to the
				  sample poster displayed on the department website. If not identical, the poster
				  shall, at a minimum, display the following information in a clear and
				  straightforward manner:
(1) the risk of an
				  allergic reaction to a food allergen;
(2) symptoms of an allergic
				  reaction;
(3) the major food
				  allergens, as determined by federal law and regulations of the United States
				  Food and Drug Administration;
(4)
				  the procedures for preventing an allergic reaction; and
(5) appropriate responses for assisting an
				  individual who is having an allergic reaction.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 228 - RETAIL FOOD ESTABLISHMENTS › Subchapter C - FOOD › Section 228.61 - Approved Sources for Exotic Game Animals

Current through Reg. 49, No. 28; July 12, 2024
(a) Exotic animals. If exotic animals are
				  received for sale or service, they shall:
(1)
				  be commercially raised for food; and
(A)
				  raised, slaughtered, processed, and deemed to be "inspected and approved" under
				  an inspection program administered by United States Department of Agriculture
				  (USDA) in accordance with 9 CFR 352, Exotic Animals; Voluntary Inspection;
				  or
(B) raised, slaughtered,
				  processed, and deemed to be "inspected and passed" under a meat and poultry
				  inspection program administered by the department or any other state meat
				  inspection program deemed equal to USDA inspection;
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 228 - RETAIL FOOD ESTABLISHMENTS › Subchapter C - FOOD › Section 228.62 - Specifications for Receiving

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Temperature.
(1) Grade A pasteurized milk
				  shall be received in refrigerated equipment that maintains an ambient air
				  temperature of seven degrees Celsius (45 degrees Fahrenheit) or less.
(2) Molluscan shellfish shall be received in
				  refrigerated equipment or on ice that maintains a temperature of seven degrees
				  Celsius (45 degrees Fahrenheit) or less, as required in the Texas Molluscan
				  Shellfish Rules, §
											241.61(a)
				  of this title (relating to Molluscan Shell Stock Temperature
				  Control).
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 228 - RETAIL FOOD ESTABLISHMENTS › Subchapter C - FOOD › Section 228.63 - Buffet Notification

Current through Reg. 49, No. 28; July 12, 2024
A card, sign, or other effective means of notification
					 shall be displayed to notify consumers that clean tableware is to be used upon
					 return to self-service areas, such as salad bars and buffets as specified in
					 Food Code, §3-304.16.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 228 - RETAIL FOOD ESTABLISHMENTS › Subchapter C - FOOD › Section 228.64 - Donation of Foods

Current through Reg. 49, No. 28; July 12, 2024
(a) Previous
				  service. Except as specified in paragraphs (1) and (2) of this subsection,
				  foods which have been previously served to a consumer may not be donated.
(1) Packaged time and temperature control for
				  safety foods (TCS foods), such as unopened milk, may be re-served or donated if
				  immediately stored in a cooling bin maintained at five degrees Celsius (41
				  degrees Fahrenheit) or below.
(2)
				  The following food products may be re-served or donated.
(A) Packaged non-TCS foods.
(B) Whole fruit, such as apples or
				  bananas.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 228 - RETAIL FOOD ESTABLISHMENTS › Subchapter E - WATER, PLUMBING, AND WASTE › Section 228.141 - Source

Current through Reg. 49, No. 28; July 12, 2024
A water source obtained from other than a community public
					 water system shall be sampled and analyzed in accordance with the requirements
					 found in 30 TAC Chapter 290, Subchapter F (relating to Drinking Water Standards
					 Governing Drinking Water Quality and Reporting Requirements for Public Water
					 Systems), concerning transient noncommunity water systems.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 228 - RETAIL FOOD ESTABLISHMENTS › Subchapter E - WATER, PLUMBING, AND WASTE › Section 228.142 - Water Quality Standards

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Public and private water systems.
(1) Water
				  from a public water system shall meet 40 CFR 141 - National Primary Drinking
				  Water Regulations, state drinking water quality standards in accordance with 30
				  TAC §§
											290.38-
				  290.47
				  (relating to Rules and Regulations for Public Water Systems), and 30 TAC
				  §§
											290.101-
				  290.114,
				  290.117 - 290.119, 290.121, and 290.122 (relating to Drinking Water Standards
				  Governing Drinking Water Quality and Reporting Requirements for Public Water
				  Systems); and
(2) Water from a
				  nonpublic water system shall meet the requirements of 30 TAC Chapter 290,
				  Subchapter F (relating to Drinking Water Standards Governing Drinking Water
				  Quality and Reporting Requirements for Public Water Systems), pertaining to
				  transient noncommunity water systems.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 228 - RETAIL FOOD ESTABLISHMENTS › Subchapter E - WATER, PLUMBING, AND WASTE › Section 228.143 - Water Distribution, Delivery, and Retention Systems

Current through Reg. 49, No. 28; July 12, 2024
Nonpublic water mains, water pumps, pipes, hoses,
					 connections, and other appurtenances shall meet the requirements of 30 TAC
					 Chapter 290, Subchapter F (relating to Drinking Water Standards Governing
					 Drinking Water Quality and Reporting Requirements for Public Water Systems),
					 concerning transient noncommunity water systems.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 228 - RETAIL FOOD ESTABLISHMENTS › Subchapter F - PHYSICAL FACILITIES › Section 228.171 - Wall and Ceiling Coverings and Coatings

Current through Reg. 49, No. 28; July 12, 2024
(a) Walls including non-supporting
				  partitions, wall covering and ceilings of the walk-in refrigeration units, food
				  preparation areas, equipment and utensil washing areas, toilet rooms and
				  vestibules should be light in color or meet the requirements and approval of
				  the regulatory authority.
(b)
				  Darker-colored coverings for the items listed in subsection (a) of this section
				  may require additional lighting, as specified in Food Code, §6-303.11, or
				  meet the requirements set by the regulatory authority, to allow cleaning of the
				  surface.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 228 - RETAIL FOOD ESTABLISHMENTS › Subchapter F - PHYSICAL FACILITIES › Section 228.172 - Dogs in Outdoor Dining Areas of a Food Establishment

Current through Reg. 49, No. 28; July 12, 2024
Dogs may be allowed in outdoor dining areas of a food
					 establishment if:
(1) the establishment
				  posts a sign in a conspicuous location in the area stating that dogs are
				  allowed;
(2) the customer and dog
				  access the area directly from the exterior of the establishment;
(3) the dog does not enter the interior of
				  the establishment;
(4) the customer
				  keeps the dog on a leash and controls the dog;
(5) the customer does not allow the dog on a
				  seat, table, countertop, or similar surface; and
(6) in the area, the establishment does not:
(A) prepare food; or
(B) permit open food other than food that is
				  being served to a customer; and
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 228 - RETAIL FOOD ESTABLISHMENTS › Subchapter G - POISONOUS OR TOXIC MATERIALS › Section 228.211 - First Aid Supplies, Availability

Current through Reg. 49, No. 28; July 12, 2024
A first aid kit shall be provided in all food
					 establishments.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 228 - RETAIL FOOD ESTABLISHMENTS › Subchapter H - REQUIREMENTS APPLICABLE TO CERTAIN ESTABLISHMENTS › Section 228.221 - Mobile Food Units

Current through Reg. 49, No. 28; July 12, 2024
(a) Mobile food
				  unit provisions.
(1) General. Except as
				  otherwise provided in this paragraph and in paragraph (2) of this subsection,
				  the regulatory authority:
(A) may impose
				  additional requirements to protect against health hazards related to the
				  conduct of the food establishment as a mobile operation;
(B) may prohibit the sale of some or all time
				  and temperature control for safety foods (TCS foods); and
(C) when no health hazard will result, may
				  waive or modify requirements of this section relating to physical facilities,
				  except those requirements as specified in paragraphs (7) - (9) of this
				  subsection, subsection (c)(1)(A) - (E) of this section, and Food Code, Subparts
				  3-401, 3-402, 3-403, 3-404, and 3-501.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 228 - RETAIL FOOD ESTABLISHMENTS › Subchapter H - REQUIREMENTS APPLICABLE TO CERTAIN ESTABLISHMENTS › Section 228.222 - Temporary Food Establishments

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  General. The regulatory authority may impose additional requirements to protect
				  against health hazards related to the conduct of the temporary food
				  establishment, may prohibit the sale of some or all time and temperature
				  control for safety foods (TCS foods), and when no health hazard will result,
				  such as children's neighborhood beverage stands, may waive or modify
				  requirements of this chapter.
(1) Foods that
				  are not prepared on-site or that require extensive preparation or cooking must
				  be prepared at a licensed food establishment.
(2) Each temporary establishment may be
				  required by the regulatory authority to have at least one person on-site who
				  has a minimum of an accredited food handler certification.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 228 - RETAIL FOOD ESTABLISHMENTS › Subchapter H - REQUIREMENTS APPLICABLE TO CERTAIN ESTABLISHMENTS › Section 228.223 - Bed and Breakfast

Current through Reg. 49, No. 28; July 12, 2024
(a) General.
(1) A bed and breakfast extended, in addition
				  to licensing with the applicable regulatory authority, shall comply with the
				  minimum requirements of this section if the establishment:
(A) has more than seven rooms for rent;
				  or
(B) provides food service other
				  than breakfast to overnight guests.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 228 - RETAIL FOOD ESTABLISHMENTS › Subchapter H - REQUIREMENTS APPLICABLE TO CERTAIN ESTABLISHMENTS › Section 228.224 - Outfitter Operations

Current through Reg. 49, No. 28; July 12, 2024
(a) General.
				  Requirements in this section are specific for outfitter operations. The
				  regulatory authority may impose additional requirements to protect against
				  health hazards that may be specific to these operations.
(b) Food supplies. Food supplies, including
				  ice, shall be obtained from approved sources described in Food Code,
				  §3-201.11-17 (relating to Sources), §
										228.61
				  of this chapter (relating to Approved Sources for Exotic Game Animals), and
				  §
										228.62 of this
				  chapter (relating to Specifications for Receiving). No home-prepared products
				  shall be offered.
(c) Food
				  temperatures. All food temperature requirements shall be met as contained in
				  Food Code, Subparts 3-202, 3-401-403, and 3-501, §
										228.62 of this
				  chapter, and §
										228.64
				  of this chapter (relating to Donation of Foods).
(d) Food preparation and protection for
				  excursions.
(1) Except for paragraphs (2) -
				  (4) of this subsection, all food shall be prepared and protected in central
				  preparation facility and meet requirements contained in Food Code, Chapter 3 -
				  Food.
(2) Only commercially
				  prepackaged ready-to-eat foods or ready-to-eat foods that have been prepared
				  and packaged with no cooking at a central preparation facility may be
				  served.
(3) Raw time and
				  temperature control for safety foods (TCS foods) may be cooked on-site if
				  cooked and immediately served.
(4)
				  All food must be stored to protect from contamination in accordance with Food
				  Code, Chapter 3 - Food.
(5) TCS
				  foods that require complex preparation must be served within the first 24 hours
				  of the excursion departure time.
(6) Leftovers. Leftover food shall not be
				  re-heated or re-served.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 228 - RETAIL FOOD ESTABLISHMENTS › Subchapter H - REQUIREMENTS APPLICABLE TO CERTAIN ESTABLISHMENTS › Section 228.225 - Self-Service Food Market

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Self-service food markets shall comply with the minimum standards of this
				  section.
(b) Self-service food
				  markets shall:
(1) be equipped with 24/7
				  video surveillance records of consumers viewing, selecting, handling, and
				  purchasing products that identify these consumers. Video surveillance records
				  must be maintained and available for the regulatory authority for a period of
				  14 calendar days from the date of the video; and
(2) provide information to the regulatory
				  authority as to the responsible party that will be available for routine
				  inspections.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 228 - RETAIL FOOD ESTABLISHMENTS › Subchapter I - COMPLIANCE › Section 228.241 - Use for Intended Purpose

Current through Reg. 49, No. 28; July 12, 2024
Plans may be required by the regulatory authority
					 for:
(1) the construction of a food
				  establishment;
(2) the conversion
				  of an existing structure for use as a food establishment; or
(3) the remodeling of a food establishment or
				  a change of type of food establishment or food operation, or under the
				  conditions set by the regulatory authority, if the regulatory authority
				  determines that plans and specifications are necessary to ensure compliance
				  with this section.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 228 - RETAIL FOOD ESTABLISHMENTS › Subchapter I - COMPLIANCE › Section 228.242 - Confidentiality, Trade Secrets

Current through Reg. 49, No. 28; July 12, 2024
In accordance with the requirements of the Public
					 Information Act, Texas Government Code, Chapter 552, the regulatory authority
					 shall treat as confidential the information that meets the criteria specified
					 in law for a trade secret and is contained on inspection report forms and in
					 the plans and specifications submitted as specified in Food Code,
					 §8-201.12 and §8-201.14.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 228 - RETAIL FOOD ESTABLISHMENTS › Subchapter I - COMPLIANCE › Section 228.243 - Construction Inspection and Approval, Preoperational Inspections

Current through Reg. 49, No. 28; July 12, 2024
The regulatory authority may conduct one or more
					 preoperational inspections to verify that the food establishment is constructed
					 and equipped in accordance with the approved plans and approved modifications
					 of those plans, has established standard operating procedures as specified in
					 Food Code, Paragraph 8-201.12(E), and is in compliance with this
					 chapter.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 228 - RETAIL FOOD ESTABLISHMENTS › Subchapter I - COMPLIANCE › Section 228.244 - Performance and Risk Based Inspection

Current through Reg. 49, No. 28; July 12, 2024
The regulatory authority shall inspect each food
					 establishment based upon an assessment of the food establishment's history of
					 compliance with this chapter and the potential for causing foodborne illness by
					 evaluating:
(1) past performance, for
				  nonconformance with Food Code or Hazard Analysis Critical Control Point (HACCP)
				  plan requirements that are priority items or priority foundation
				  items;
(2) past performance, for
				  numerous or repeat violations of code or HACCP plan requirements that are core
				  items;
(3) past performance, for
				  complaints investigated and found to be valid;
(4) the hazards associated with the
				  particular foods that are prepared, stored, or served;
(5) the type of operation including the
				  methods and extent of food storage, preparation, and service;
(6) the number of people served;
(7) whether the population served is a highly
				  susceptible population; and
(8) any
				  other risk factors deemed relevant to the operation by the regulatory
				  authority.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 228 - RETAIL FOOD ESTABLISHMENTS › Subchapter I - COMPLIANCE › Section 228.245 - Competency of Inspectors and Access

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Competency of inspectors. An individual conducting inspections of retail food
				  establishments should be a Registered Professional Sanitarian in Texas or a
				  Sanitarian-in-Training in Texas, as defined in 16 TAC Chapter 119, or should
				  meet the U.S. Food and Drug Administration Voluntary National Retail Food
				  Regulatory Program Standards basic curriculum and field training elements in
				  order to:
(1) assure application of basic
				  scientific principles, including Hazard Analysis Critical Control Point
				  principles of food safety, during inspections;
(2) properly conduct foodborne illness
				  investigations;
(3) assure
				  uniformity in the interpretations of this chapter; and
(4) assure fair and uniform enforcement of
				  this chapter.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 228 - RETAIL FOOD ESTABLISHMENTS › Subchapter I - COMPLIANCE › Section 228.246 - Investigation and Control

Current through Reg. 49, No. 28; July 12, 2024
Removal of restriction or exclusion. The regulatory
					 authority shall release a food employee or conditional employee from
					 restriction or exclusion according to Texas Health and Safety Code, §
										438.033,
					 and the conditions specified under Food Code, §2-201.13.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 229 - FOOD AND DRUG › Subchapter A - PRESCRIPTION DRUG PRICE DISCLOSURE › Section 229.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
This subchapter provides the minimum standards for
					 submission of prescription drug price data.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 229 - FOOD AND DRUG › Subchapter A - PRESCRIPTION DRUG PRICE DISCLOSURE › Section 229.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms when used in this subchapter
					 shall have the following meaning unless the context clearly indicates
					 otherwise.
(1) Department--Department
				  of State Health Services.
(2)
				  Calendar year--January 1 through December 31 of each year.
(3) Exclusivity--A Federal Drug
				  Administration (FDA) granted delay on approval of competitor drugs that
				  attaches upon FDA's approval of a drug.
(4) Patent--A property right issued by the
				  United States Patent and Trademark Office to exclude others from making, using,
				  offering for sale, or selling an invention for a limited time.
(5) Patent exclusivity--Rights resulting from
				  a drug manufacturer holding an unexpired patent, or exclusivity, or
				  both.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 229 - FOOD AND DRUG › Subchapter A - PRESCRIPTION DRUG PRICE DISCLOSURE › Section 229.3 - Fee

Current through Reg. 49, No. 28; July 12, 2024
This subchapter applies to all prescription drug
					 manufacturers reporting drug price information. A fee of $250 shall be
					 submitted with each submitted annual report and price increase
					 report.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 229 - FOOD AND DRUG › Subchapter A - PRESCRIPTION DRUG PRICE DISCLOSURE › Section 229.4 - Administrative Penalties

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  shall assess administrative penalties in accordance with the requirements of:
(1) Texas Health and Safety Code Chapter
				  441;
(2) this subchapter;
(3) Texas Government Code, Chapter 2001;
				  and
(4) the department's formal
				  hearing procedures in §§
											1.21,
				  1.23,
				  1.25, and
				  1.27 of
				  this title (relating to Formal Hearing Procedures).