Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 229 - FOOD AND DRUG › Subchapter GG - SANITARY TRANSPORTATION OF HUMAN FOODS › Section 229.804 - Transportation Operations

Current through Reg. 49, No. 28; July 12, 2024
(a) General
				  requirements.
(1) Unless stated otherwise in
				  this section, the requirements of this section apply to all shippers, food
				  transporters, loaders, and receivers engaged in transportation operations. A
				  person may be subject to these requirements in multiple capacities, e.g., the
				  shipper may also be the loader and the food transporter, if the person also
				  performs the functions of those respective persons as defined in this
				  subchapter. An entity subject to this subchapter (shipper, loader, food
				  transporter, or receiver) may reassign, in a written agreement, its
				  responsibilities under this subchapter to another party subject to this
				  subchapter. The written agreement is subject to the records requirements of
				  § 229.806(d) of this title (relating to Records).
(2) Responsibility for ensuring that
				  transportation operations are carried out in compliance with all requirements
				  in this subchapter must be assigned to competent supervisory
				  personnel.
(3) All transportation
				  operations must be conducted under such conditions and controls necessary to
				  prevent the food from becoming adulterated during transportation operations
				  including:
(A) Taking effective measures such
				  as segregation, isolation, or the use of packaging to protect food from
				  contamination by raw foods and nonfood items in the same load.
(B) Taking effective measures such as
				  segregation, isolation, or other protective measures, such as hand washing, to
				  protect food transported in bulk vehicles or food not completely enclosed by a
				  container from contamination and cross-contact during transportation
				  operations.
(C) Taking effective
				  measures to ensure that food that requires temperature control for safety is
				  transported under food specific adequate temperature control.
(4) The type of food, and its
				  production stage, e.g., raw material, ingredient or finished food, must be
				  considered in determining the necessary conditions and controls for the
				  transportation operation.
(5)
				  Shippers, receivers, loaders, and food transporters, which are under the
				  ownership or operational control of a single legal entity, as an alternative to
				  meeting the requirements of subsections (b), (d), and (e) of this section may
				  conduct transportation operations in conformance with common, integrated
				  written procedures that ensure the sanitary transportation of food consistent
				  with the requirements of this section. The written procedures are subject to
				  the records requirements of § 229.806(e) of this title.
(6) If a shipper, loader, receiver, or food
				  transporter becomes aware of an indication of a possible material failure of
				  temperature control or other conditions that may render the food adulterated
				  during transportation, the food shall not be sold or otherwise distributed, and
				  these persons must take appropriate action including, as necessary,
				  communication with other parties to ensure that the food is not sold or
				  otherwise distributed unless a determination is made by a qualified individual
				  that the temperature deviation or other condition did not render the food
				  adulterated.