reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 229 - FOOD AND DRUG › Subchapter DD - REGULATION OF COSMETIC SALVAGE ESTABLISHMENTS AND BROKERS › Section 229.641 - Handling Distressed Cosmetics

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Good manufacturing practices. A person must follow and comply with the
				  requirements in 21 CFR, Part 701, titled "Cosmetic Labeling" and 21 CFR, Part
				  740, titled "Cosmetic Product Warning Statements" as amended, in the handling
				  and reconditioning of all salvaged cosmetics.
(b) Distressed or nonsalvageable cosmetics.
				  All distressed or nonsalvageable cosmetics shall be destroyed.
(c) Relabeling. All salvaged cosmetics in
				  containers shall be provided with labels meeting the requirements in §
										229.640(i)
				  of this title (relating to General Provisions for Handling and Movement of
				  Distressed Cosmetics). When original labels are removed from containers that
				  are to be resold or redistributed, the replacement labels must show the name
				  and address of the salvage establishment.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 229 - FOOD AND DRUG › Subchapter DD - REGULATION OF COSMETIC SALVAGE ESTABLISHMENTS AND BROKERS › Section 229.642 - Records

Current through Reg. 49, No. 28; July 12, 2024
(a) Inventory
				  Records. A written record or receipt of distressed, salvageable, and salvaged
				  cosmetics shall be maintained by the salvage establishment or salvage broker
				  and shall include:
(1) the common name
				  including brand name or manufacturer and quantity of the cosmetics
				  received;
(2) the source of the
				  distressed, salvageable, and salvaged cosmetics;
(3) the date received;
(4) a brief description of the type or cause
				  of damage (fire, flood, wreck, prolonged storage, warehouse damage, etc.);
				  and
(5) the name of the individual
				  or business that purchases any such cosmetics for the purpose of sale or
				  distribution and the date of any such transaction.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 229 - FOOD AND DRUG › Subchapter DD - REGULATION OF COSMETIC SALVAGE ESTABLISHMENTS AND BROKERS › Section 229.643 - Inspection

Current through Reg. 49, No. 28; July 12, 2024
(a) Inspection. To
				  enforce these sections or the Act, the commissioner or an authorized agent may,
				  on presenting appropriate credentials to the owner, operator, or agent in
				  charge of a place of business:
(1) enter at
				  reasonable times the place of business of a salvage establishment or salvage
				  broker;
(2) enter a salvage
				  warehouse used to store or hold distressed or salvaged cosmetics;
(3) enter a vehicle being used to transport
				  or hold distressed or salvaged cosmetics; or
(4) inspect at reasonable times, any place of
				  business of a salvage establishment or salvage broker, salvage warehouse, or
				  vehicle and all equipment, finished and unfinished materials, containers, and
				  labeling of any item and obtain samples necessary for the enforcement of these
				  sections or the Act.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 229 - FOOD AND DRUG › Subchapter DD - REGULATION OF COSMETIC SALVAGE ESTABLISHMENTS AND BROKERS › Section 229.644 - Enforcement and Penalties

Current through Reg. 49, No. 28; July 12, 2024
(a) General
				  license actions. The department may deny, suspend, or revoke the license of an
				  applicant or licensee who fails to comply with any one of the following:
(1) failure to comply with the Act or these
				  sections;
(2) falsification of
				  information provided in an application for a license;
(3) refuses to allow the department to
				  conduct an inspection or collect samples;
(4) interferes with the department in the
				  performance of its duties;
(5)
				  removes or disposes of a detained cosmetic in violation of the Texas Food,
				  Drug, and Cosmetic Act, Health and Safety Code, §
											431.021;
				  or
(6) fails to inform the
				  department of any salvage warehouse(s) at the time of an inspection or when
				  requested by the department.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 229 - FOOD AND DRUG › Subchapter FF - FARMERS' MARKETS › Section 229.701 - Purpose and Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose
				  of this subchapter is to implement rules under Health and Safety Code, Chapter
				  437, as they relate to food temperature requirements and permits at farmers'
				  markets.
(b) This subchapter does
				  not apply to a farmers' market in a county:
(1) that has a population of less than
				  50,000; and
(2) over which no local
				  health department has jurisdiction.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 229 - FOOD AND DRUG › Subchapter FF - FARMERS' MARKETS › Section 229.702 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Department--The Texas
				  Department of State Health Services.
(2) Farmer--A person or entity that produces
				  agricultural products including, but not limited to, fruits, vegetables, fungi,
				  grains, fiber, honey, dairy products, meat, poultry, or eggs, by practice of
				  the agricultural arts upon land that the person or entity owns, rents, leases,
				  or to which the person or entity otherwise has access.
(3) Farmers' market--A designated location
				  used for a recurring event at which a majority of the vendors are farmers or
				  other food producers who sell food directly to consumers. A farmers' market
				  must include at least two vendors who meet the definition of "farmer" as
				  defined in paragraph (2) of this section and may include vendors who meet the
				  definition of "food producer" as defined in paragraph (6) of this section. In
				  addition, a farmers' market may include vendors who are not "farmers" or "food
				  producers," provided that "farmers" and "food producers" constitute the
				  majority of vendors who participate in the market throughout the
				  year.
(4) Fish--As defined in the
				  U.S. Food and Drug Administration Food Code 2017 (Food Code)
				  §1-201.10(B).
(5) Food--An
				  agricultural, apicultural, horticultural, silvicultural, viticultural, or
				  vegetable product for human consumption, in either its natural or processed
				  state, that has been produced or processed or otherwise has had value added to
				  the product in this state. The term includes:
(A) fish or other aquatic species;
(B) livestock, a livestock product, or
				  livestock by-product;
(C) planting
				  seed;
(D) poultry, a poultry
				  product, or a poultry by-product;
(E) wildlife processed for food or
				  by-products;
(F) a product made
				  from a product described in this paragraph by a farmer or other producer who
				  grew or processed the product; or
(G) produce.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 229 - FOOD AND DRUG › Subchapter FF - FARMERS' MARKETS › Section 229.703 - Permits

Current through Reg. 49, No. 28; July 12, 2024
The department or the local health department may issue a
					 permit to a farmer or food producer who sells food at a farmers' market.
					 Regardless of what the permit is called, the following parameters from Texas
					 Health and Safety Code §
										437.0065(c)
					 apply. The permit:
(1) must be valid
				  for a term of not less than one year;
(2) may impose an annual fee in an amount not
				  to exceed $100.00 for issuance or renewal; and
(3) must cover sales at all farmers' markets,
				  farm stands, and farms within the jurisdiction of the permitting
				  authority.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 229 - FOOD AND DRUG › Subchapter FF - FARMERS' MARKETS › Section 229.704 - Temperature Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) TCS food
				  sold, distributed, or prepared on-site at a farmers' market, and TCS food
				  transported to or from a farmers' market, shall meet the requirements of this
				  section.
(b) Frozen food. Stored
				  frozen foods shall be maintained frozen.
(c) Hot and cold holding. TCS food sold at,
				  prepared on site at, or transported to or from a farm or farmers' market shall
				  be maintained at:
(1) 5 degrees Celsius (41
				  degrees Fahrenheit) or below; or
(2) 54 degrees Celsius (135 degrees
				  Fahrenheit) or above.
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 229.801 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
(a) Except for
				  non-covered businesses as defined in § 229.802 of this title (relating to
				  Definitions) and as provided for in subsection (b) of this section, the
				  requirements of this subchapter apply to shippers, receivers, loaders, and food
				  transporters engaged in transportation operations whether or not the food is
				  being offered for or enters interstate commerce. The requirements of this
				  subchapter apply in addition to any other requirements of this chapter that are
				  applicable to the transportation of food, e.g., in §§
										229.210-
				  229.225 of this title (relating to Current Good Manufacturing and Good
				  Warehousing Practice in Manufacturing, Packing, or Holding of Human Food) and
				  §§
										229.541-
				  229.555
				  of this title (relating to Regulation of Food Salvage Establishments and
				  Brokers).
(b) The requirements of
				  this subchapter do not apply to shippers, receivers, loaders, or food
				  transporters when they are engaged in transportation operations:
(1) Of food that is transshipped through the
				  United States to another country; or
(2) Of food that is imported for future
				  export, in accordance with the Federal Food, Drug, and Cosmetic Act,
				  §801(d)(3) and that is neither consumed nor distributed in the United
				  States; or
(3) Of food when it is
				  located in food facilities as defined in 21 Code of Federal Regulations,
				  §1.227, that are regulated exclusively, throughout the entire facility, by
				  the U.S. Department of Agriculture under the Federal Meat Inspection Act (
				  21
				  United States Code 601 et seq.), the Poultry
				  Products Inspection Act (21 United State Code 451 et seq.), or the Egg Products
				  Inspection Act (
				  21 United States Code
				  1031 et seq.)
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 229.802 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, have the following meanings, unless the context clearly indicates
					 otherwise. Those definitions and interpretations of terms of the Texas Food,
					 Drug, and Cosmetic Act, Texas Health and Safety Code, Chapter 431, are also
					 applicable when used in this subchapter.
(1) Adequate--That which is needed to
				  accomplish the intended purpose in keeping with good public health
				  practice.
(2) Bulk vehicle--A tank
				  truck, hopper truck, cargo tank, portable tank, freight container, or hopper
				  bin, or any other vehicle in which food is shipped in bulk, with the food
				  coming into direct contact with the vehicle.
(3) Carrier--Any person who transports food
				  while operating as a parcel delivery service.
(4) Cross-contact--The unintentional
				  incorporation of a food allergen into food.
(5) Farm--Means:
(A) Primary production farm. A primary
				  production farm is an operation under one management in one general (but not
				  necessarily contiguous) physical location devoted to the growing of crops, the
				  harvesting of crops, the raising of animals (including seafood), or any
				  combination of these activities. The term "farm" includes operations that, in
				  addition to these activities:
(i) pack or hold
				  raw agricultural commodities;
(ii)
				  pack or hold processed food, provided that all processed food used in such
				  activities is either consumed on that farm or another farm under the same
				  management, or is processed food identified in clause (iii)(II)(-a-) of this
				  subparagraph; and
(iii)
				  manufacture/process food, provided that:
(I)
				  all food used in such activities is consumed on that farm or another farm under
				  the same management; or
(II) any
				  manufacturing/processing of food that is not consumed on that farm or another
				  farm under the same management consists only of:
(-a-) drying/dehydrating raw agricultural
				  commodities to create a distinct commodity (such as drying/dehydrating grapes
				  to produce raisins), and packaging and labeling such commodities, without
				  additional manufacturing/processing (an example of additional
				  manufacturing/processing is slicing);
(-b-) treatment to manipulate the ripening of
				  raw agricultural commodities (such as by treating produce with ethylene gas),
				  and packaging and labeling treated raw agricultural commodities, without
				  additional manufacturing/processing; and;
(-c-) packaging and labeling raw agricultural
				  commodities, when these activities do not involve additional
				  manufacturing/processing (an example of additional manufacturing/processing is
				  irradiation); or
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 229.803 - Vehicles and Transportation Equipment

Current through Reg. 49, No. 28; July 12, 2024
(a) Vehicles and transportation equipment
				  used in transportation operations must be so designed and of such material and
				  workmanship as to be suitable and adequately cleanable for their intended use
				  to prevent the food they transport from becoming adulterated within the meaning
				  of Texas Health and Safety Code, §
										431.081(a)(1),
				  (2), and (4) during transportation
				  operations.
(b) Vehicles and
				  transportation equipment must be maintained in such a sanitary condition for
				  their intended use as to prevent the food they transport from becoming
				  adulterated during transportation operations.
(c) Vehicles and transportation equipment
				  used in transportation operations for food requiring temperature control for
				  safety must be designed, maintained, and equipped as necessary to provide
				  adequate temperature control to prevent the food from becoming adulterated
				  during transportation operations.
(d) Vehicles and transportation equipment
				  must be stored in a manner that prevents it from harboring pests or becoming
				  contaminated in any other manner that could result in food for which it will be
				  used becoming adulterated during transportation operations.
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 229.805 - Training

Current through Reg. 49, No. 28; July 12, 2024
(a) When the food
				  transporter and shipper have agreed in a written contract that the food
				  transporter is responsible, in whole or in part, for the sanitary conditions
				  during transportation operations, the food transporter must provide adequate
				  training to personnel engaged in transportation operations that provides an
				  awareness of potential food safety problems that may occur during food
				  transportation, basic sanitary transportation practices to address those
				  potential problems, and the responsibilities of the food transporter under this
				  subchapter. The training must be provided upon hiring and as needed
				  thereafter.
(b) Food transporters
				  must establish and maintain records documenting the training described in
				  subsection (a) of this section. Such records must include the date of the
				  training, the type of training, and the person(s) trained. These records are
				  subject to the records requirements of § 229.806(c) of this title
				  (relating to Records).
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 229.806 - Records

Current through Reg. 49, No. 28; July 12, 2024
(a) Shippers must
				  retain records.
(1) That demonstrate that
				  they provide specifications and operating temperatures to food transporters as
				  required by § 229.804(b)(1) and (2) of this title (relating to
				  Transportation Operations) as a regular part of their transportation operations
				  for a period of 12 months beyond the termination of the agreements with the
				  food transporters.
(2) Of written
				  agreements and the written procedures required by §229.804(b)(3) - (5) of
				  this title for a period of 12 months beyond when the agreements and procedures
				  are in use in their transportation operations.
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 229.807 - Waivers

Current through Reg. 49, No. 28; July 12, 2024
Waivers from the requirements of this subchapter are
					 granted or revoked by the United States Food and Drug Administration as set
					 forth in 21 Code of Federal Regulations §§1.914 -
					 1.934.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 230 - SPECIFIC ADDITIONAL REQUIREMENTS FOR DRUGS › Subchapter A - AVERAGE MANUFACTURE PRICE AND PURCHASE PRICE REPORTING FOR PHARMACEUTICALS › Section 230.1 - Average Manufacture Price and Purchase Price Reporting for Pharmaceuticals

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Definitions. The following words and terms when used in this chapter shall have
				  the following meanings.
(1) Actual price--The
				  weighted median invoice price at which a wholesale distributor sells a
				  prescription drug to Texas retail pharmacies from the first day of the month
				  through the last day of the calendar month prior to the date of the
				  request.
(2) Average manufacture
				  price--The average price paid to the manufacturer for a prescription drug in
				  the United States by wholesalers for prescription drugs distributed to the
				  retail pharmacy class of trade, after deducting customary prompt pay discounts,
				  calculated for the most recent required quarterly report to the Secretary of
				  Health and Human Services.
(3)
				  BFDS--The Bureau of Food and Drug Safety within the Texas Department of
				  Health.
(4) Council--The
				  Interagency Council on Pharmaceuticals Bulk Purchasing.
(5) Department--The Texas Department of
				  Health.
(6) Drug manufacturer--A
				  person licensed by Chapter 229 of this title who manufactures, prepares,
				  propagates, compounds, processes, packages, repackages, or changes the
				  container, wrapper, or labeling of any drug product.
(7) Prescription Drug--Any drug as defined by
				  the Health and Safety Code, §
											431.002(14)
				  that is further described in 21 U.S.C.
				  §503(b)(1) and is a
				  finished pharmaceutical.
(8) Retail
				  pharmacy, for the purpose of actual price--Any Class A pharmacy or community
				  pharmacy authorized to dispense a drug or device to the public under a
				  prescription drug order. It does not, however, include long-term care
				  pharmacies, physicians' offices, closed-door pharmacies, or outpatient
				  pharmacies affiliated with health systems.
(9) Wholesale drug distributor--A person
				  licensed by Chapter 229 of this title to engage in the wholesale distribution
				  of prescription drugs to retail pharmacies in Texas including, but not limited
				  to: manufacturers; repackers; own-label distributors; private-label
				  distributors; jobbers; brokers; warehouses, including manufacturers' and
				  distributors' warehouses, chain drug warehouses, and wholesale drug warehouses;
				  independent wholesale drug traders; and retail pharmacies that conduct
				  wholesale distributions.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 230 - SPECIFIC ADDITIONAL REQUIREMENTS FOR DRUGS › Subchapter B - LIMITATIONS ON SALES OF PRODUCTS CONTAINING EPHEDRINE, PSEUDOEPHEDRINE, AND NORPSEUDOEPHEDRINE › Section 230.15 - Records

Current through Reg. 49, No. 28; July 12, 2024
(a) Before
				  completing a sale of a regulated product, an employee with authority to access
				  regulated products must:
(1) require the
				  person making the purchase to:
(A) display a
				  driver's license or other form of government-issued identification containing
				  the person's photograph and indicating that the person is 16 years of age or
				  older; and
(B) sign for the
				  purchase;
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 230 - SPECIFIC ADDITIONAL REQUIREMENTS FOR DRUGS › Subchapter B - LIMITATIONS ON SALES OF PRODUCTS CONTAINING EPHEDRINE, PSEUDOEPHEDRINE, AND NORPSEUDOEPHEDRINE › Section 230.17 - Enforcement

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  may impose an administrative penalty for a violation of the Health and Safety
				  Code (HSC), Chapter 486, or this subchapter.
(b) The amount of the administrative penalty
				  may not exceed $1,000 per violation. Each day a violation continues or occurs
				  is a separate violation for purposes of imposing a penalty. The total amount of
				  the penalty assessed for a violation continuing or occurring on separate days
				  may not exceed $20,000.
(c) The
				  amount of the penalty shall be based on:
(1)
				  the seriousness of the violation, including the nature, circumstances, extent,
				  and gravity of the violation;
(2)
				  the threat to health or safety caused by the violation;
(3) the history of previous
				  violations;
(4) the amount
				  necessary to deter a future violation;
(5) whether the violator demonstrated good
				  faith, including good faith efforts to correct the violation; and
(6) any other matter that justice may
				  require.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 230 - SPECIFIC ADDITIONAL REQUIREMENTS FOR DRUGS › Subchapter B - LIMITATIONS ON SALES OF PRODUCTS CONTAINING EPHEDRINE, PSEUDOEPHEDRINE, AND NORPSEUDOEPHEDRINE › Section 230.18 - Privacy Protections

Current through Reg. 49, No. 28; July 12, 2024
(a) The privacy
				  protections provided an individual under Title 21, Code of Federal Regulations,
				  §1314.45, apply to information entered or stored in a real-time electronic
				  logging system.
(b) A business
				  establishment that engages in over-the-counter sales of a product containing
				  ephedrine, pseudoephedrine, or norpseudoephedrine may disclose information
				  entered or stored in a real-time electronic logging system only to the United
				  States Drug Enforcement Administration and other federal, state, and local law
				  enforcement agencies.
(c) A
				  business establishment that engages in over-the-counter sales of a product
				  containing ephedrine, pseudoephedrine, or norpseudoephedrine may not use
				  information entered or stored in a real-time electronic logging system for any
				  purpose other than for a disclosure authorized by subsection (b) of this
				  section or to comply with the requirements of this subchapter.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 230 - SPECIFIC ADDITIONAL REQUIREMENTS FOR DRUGS › Subchapter B - LIMITATIONS ON SALES OF PRODUCTS CONTAINING EPHEDRINE, PSEUDOEPHEDRINE, AND NORPSEUDOEPHEDRINE › Section 230.19 - Inspection

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  may inspect a business establishment under this subchapter in order to
				  implement and enforce this chapter.
(b) The department shall collect fees for an
				  inspection conducted to enforce Health and Safety Code, Chapter 486 and this
				  subchapter.
(c) A nonrefundable
				  fee of $400.00 for inspections of pharmacies and non-pharmacy retailers
				  conducted by the department will be required.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 231 - REQUESTS FOR INFORMATION OR OFFICIAL DETERMINATION ON FOOD REGULATION › Section 231.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this chapter is to implement Health and Safety
				  Code, Chapter 438, Subchapter H, relating to information on food
				  regulation.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 231 - REQUESTS FOR INFORMATION OR OFFICIAL DETERMINATION ON FOOD REGULATION › Section 231.2 - Request for Information

Current through Reg. 49, No. 28; July 12, 2024
Unless otherwise prohibited by state or federal law, on
				  receipt of a written request for information pertaining to the regulation of
				  food under Health and Safety Code, Chapters 431 - 441, the Department of State
				  Health Services (department) will provide a reasonable and substantial response
				  to the request not later than the 30th day after the date the department
				  receives the request.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 231 - REQUESTS FOR INFORMATION OR OFFICIAL DETERMINATION ON FOOD REGULATION › Section 231.3 - Request for Official Determination

Current through Reg. 49, No. 28; July 12, 2024
(a)
				On receipt of a written request regarding the applicability to a specific
				circumstance of a rule or the requirements for compliance with the rule, the
				Department of State Health Services (department) will provide an official
				written determination regarding the applicability of the rule or the
				requirements for compliance with the rule to the requestor not later than the
				30th day after the date the department receives the request.
(b) An official determination made under this
				section is valid until the rule that is the subject of the determination is
				amended by statute or department rule.
(c) In order to ensure the accuracy and
				applicability of the determination, all written requests for official
				determination should be submitted on a form available from the department and
				should be completed in its entirety. The form is available from the
				department's website at
http://www.dshs.state.tx.us/
.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 231 - REQUESTS FOR INFORMATION OR OFFICIAL DETERMINATION ON FOOD REGULATION › Section 231.4 - Effect of Official Determination

Current through Reg. 49, No. 28; July 12, 2024
An inspector may not issue to a person a citation for a
				  violation of a food rule adopted under Health and Safety Code, Chapters 431 -
				  441, if the person provides the inspector with an official determination made
				  under § 231.3 of this title (relating to Request for Official
				  Determination) that contradicts the opinion of the inspector.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 241 - SHELLFISH SANITATION › Subchapter A - TEXAS CRABMEAT › Section 241.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in these sections,
					 shall have the following meanings unless the context clearly indicates
					 otherwise.
(1) Authorized agent--An
				  employee of the Texas Department of Health who is designated by the
				  commissioner of health to enforce the provisions of these sections.
(2) Act--The Texas Health and Safety Code,
				  Chapter 436, Aquatic Life.
(3)
				  Commissioner--The commissioner of health for the State of Texas.
(4) Compliance schedule--A written schedule
				  that provides a time period to correct critical, key and other
				  deficiencies.
(5) Container--The
				  physical material in contact with or immediately surrounding the crabmeat that
				  confines it into a single unit.
(6)
				  Cook lot--All of the crabmeat product cooked in one day at one
				  location.
(7) Crabmeat--The edible
				  meat of steamed or cooked crabs that has not been processed other than by
				  picking, packing, and chilling.
(8)
				  Critical Control Point (CCP)--A point, step or procedure in a food process at
				  which control can be applied, and as a result a food safety hazard can be
				  prevented, eliminated or reduced to acceptable levels.
(9) Critical deficiency--A condition or
				  practice which:
(A) results in the production
				  of a product that is adulterated, decomposed, misbranded or unwholesome;
				  or
(B) presents a threat to the
				  health or safety of the consumer.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 241 - SHELLFISH SANITATION › Subchapter A - TEXAS CRABMEAT › Section 241.2 - Sources of Crabmeat

Current through Reg. 49, No. 28; July 12, 2024
(a) No crabmeat may
				  be offered for sale for food in the State of Texas unless the crabmeat has been
				  processed and packaged in compliance with §§
										241.1-
				  241.9
				  of this title (relating to Texas Crabmeat). If obtained from sources outside of
				  the state, the crabmeat shall originate from a source acceptable to the
				  department. These sources must be licensed and inspected by the appropriate
				  state or other government authority.
(b) For sources outside the United States to
				  be approved, documentation must be provided by a foreign governmental
				  authority(s) that verifies the licensing and inspection and states that the
				  processes involved comply with §§
										241.1-
				  241.9
				  of this title, including the HACCP requirements described in §
										241.6
				  of this title (relating to General HACCP Requirements).
(c) Crabmeat from sources other than those
				  outlined in this section shall not be sold, offered for sale, or held for sale
				  in the State of Texas.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 241 - SHELLFISH SANITATION › Subchapter A - TEXAS CRABMEAT › Section 241.3 - Licensing Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) No person
				  shall engage in any activity requiring a license under §§
										241.1-
				  241.9
				  of this title (relating to Texas Crabmeat) without having applied for and
				  obtained an annual numbered license pertaining to the particular activity from
				  the commissioner. No license will be issued without a HACCP plan, in accordance
				  with §
										241.6
				  of this title (relating to General HACCP Requirements), that is acceptable to
				  the SSD.
(b) Dealer Licensing.
(1) Picker-Packer. Any person who cooks crabs
				  and picks and packs the crabmeat shall be licensed as a
				  picker-packer.
(2) Pasteurizer. Any
				  person who cooks crabs, picks, packs, and pasteurizes the crabmeat, or
				  pasteurizes crabmeat picked and packed in another location shall be licensed as
				  a pasteurizer.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 241 - SHELLFISH SANITATION › Subchapter A - TEXAS CRABMEAT › Section 241.4 - Inspections

Current through Reg. 49, No. 28; July 12, 2024
(a) After a license
				  is issued, unannounced inspections may be conducted at any time the SSD has
				  reasonable belief that the business may be in operation or that crabmeat 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 license holder is in compliance with these rules.
(b) All crabmeat at a licensed location shall
				  be the responsibility of the dealer at that location for the purposes of these
				  sections.
(c) A copy of the
				  completed inspection form listing written descriptions of the violations
				  observed, along with any necessary explanation, shall be provided by an
				  authorized agent of the department to the most responsible individual present
				  at the firm at the conclusion of the inspection. If a responsible individual is
				  not present, the form will be mailed.
(d) Any violations of the same rule or
				  regulation found on any two consecutive inspections may result in license
				  suspension in accordance with §
										241.5(a)
				  of this title (relating to Enforcement).
(1)
				  When an inspection detects 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 crabmeat handled or processed while
				  the violation exists or existed shall be detained. Further enforcement action
				  may be taken as authorized under this chapter.
(2) When an inspection detects four or more
				  key deficiencies, the dealer shall establish a correction schedule acceptable
				  to the SSD. The 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 a routine 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 A - TEXAS CRABMEAT › Section 241.5 - Enforcement

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  may refuse to license, suspend or revoke a license if the applicant or
				  licensee:
(1) fails to comply with any
				  provision of the statute;
(2) fails
				  to comply with any provision of this chapter;
(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 license 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;
(9) has any critical violations identified
				  during the license inspection; or
(10) has more than two key deficiencies and
				  three other deficiencies identified during the license inspection.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 241 - SHELLFISH SANITATION › Subchapter A - TEXAS CRABMEAT › Section 241.6 - General HACCP Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  department hereby adopts by reference Title 21, Code of Federal Regulations
				  (CFR), §123.6 (Hazard Analysis and Hazard Analysis Critical Point (HACCP
				  Plan), as amended. If the requirements of this chapter are more stringent than
				  the requirements of other adopted requirements, then this chapter's
				  requirements prevail and must be complied with.
(b) Those dealers required to be licensed
				  under this subchapter shall comply with all the requirements of this section,
				  the Texas Aquatic Life Act, Health and Safety Code, Chapter 436, and the
				  requirements of Title 21, CFR, §123.6, as amended.
(c) Every dealer shall conduct a hazard
				  analysis to determine the food safety hazards that are reasonably likely to
				  occur for each kind of crabmeat 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 and 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 crabmeat product being processed in the absence of those controls.
(d) 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 crabmeat products
				  are processed by that dealer; and
(2) each kind of crabmeat product processed
				  by the dealer. The plan may group kinds of crabmeat 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 crabmeat 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 A - TEXAS CRABMEAT › Section 241.7 - 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 A - TEXAS CRABMEAT › Section 241.8 - Crabmeat Identification

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  All containers of fresh or fresh frozen crabmeat shall have permanently
				  recorded on the principal display panel, so as to be easily visible, the
				  following information:
(1) the dealer or
				  distributor's name;
(2) the
				  dealer's or distributor's address, including at least the city and
				  state;
(3) the license number for
				  the licensed location where the crabmeat was packed or pasteurized;
				  and
(4) where the name and address
				  of a distributor is used, it shall be preceded by the words "PACKED FOR" or
				  "DISTRIBUTED BY", or followed by the word "DISTRIBUTOR."
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 241 - SHELLFISH SANITATION › Subchapter A - TEXAS CRABMEAT › Section 241.9 - Crabmeat Records

Current through Reg. 49, No. 28; July 12, 2024
(a) Complete,
				  accurate, and legible records in a form approved by the SSD shall be maintained
				  by each dealer. The records shall be sufficient to document the dates of
				  purchases of live crabs and the dates of purchases or shipments of crabmeat so
				  that a container of crabmeat can be traced to the specific cook lot in which it
				  was processed.
(b) Records covering
				  purchases of live crabs and shipments of fresh crabmeat, pasteurized crabmeat,
				  or frozen crabmeat shall be retained for a minimum of two years, or for a
				  period of time that exceeds the shelf life of the product if that is longer
				  than two years.
(c) Records shall
				  be made available for inspection, review, or copying upon request of any
				  authorized agent of the department at any reasonable time.
(d) All brand names or trade names used on
				  packages or containers holding crabmeat shall be registered with the SSD prior
				  to being used.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 241 - SHELLFISH SANITATION › Subchapter B - MOLLUSCAN SHELLFISH › Section 241.50 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this subchapter
					 of this title, relating to molluscan shellfish, shall have the following
					 meanings unless the context clearly indicates otherwise.
(1) Act--The Texas Health and Safety Code,
				  Chapter 436, Aquatic Life.
(2) Air
				  gap--The unobstructed vertical distance through the free atmosphere between the
				  lowest opening from any pipe or faucet supplying water to a tank, plumbing
				  fixture or other device, and the flood level rim of that receptacle.
(3) Application process--The filing of an
				  application for certification with the Texas Department of Health followed by
				  an inspection by an authorized agent confirming compliance with the
				  rules.
(4) Approved area--A
				  classification used to identify a harvest area where harvest for direct
				  marketing is allowed.
(5) Approved
				  source--A source of molluscan shellfish acceptable to the director
				  (commissioner of health).
(6)
				  Aquaculture--The cultivation of seed in natural or artificial growing or
				  harvest areas, or the cultivation of molluscan shellstock other than seed in
				  harvest areas.
(7) Assure--To make
				  certain.
(8) Authorized agent--An
				  employee of the Texas Department of Health who is designated by the
				  commissioner to enforce provisions of these sections.
(9) Backflow--The flow of water or other
				  liquids, mixtures or substances into the distribution pipes of a potable water
				  supply from any source or sources other than the intended source.
(10) Back siphonage--The flowing back of
				  used, contaminated or polluted water from a plumbing fixture, vessel or other
				  source into potable water supply pipes because of negative pressure in the
				  water supply pipes.
(11) Blower--A
				  receptacle for washing shucked molluscan shellfish that uses forced air as a
				  means of agitation.
(12)
				  Certificate (molluscan shellfish certificate of compliance)--A numbered
				  document issued by the commissioner which authorizes a dealer to process
				  molluscan shellfish for sale.
(13)
				  Certification or certify--The issuance of a numbered certificate to a person
				  for a particular activity or group of activities that indicates:
(A) permission from the department to conduct
				  the activity; and
(B) initial
				  compliance with the requirements of §§ 241.50-
				  241.71 of this
				  title (relating to Molluscan Shellfish).
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 241 - SHELLFISH SANITATION › Subchapter B - MOLLUSCAN SHELLFISH › Section 241.51 - Adoption of National Shellfish Sanitation Program (NSSP) Model Ordinance

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  hereby adopts by reference the National Shellfish Sanitation Program Model
				  Ordinance, as amended. If the requirements of this chapter are more stringent
				  than the requirements of other adopted requirements, then this chapter's
				  requirements prevail and must be complied with.
(b) Those persons required to obtain a
				  certificate from the department under this chapter shall comply with all of the
				  requirements of this chapter, the Texas Aquatic Life Act, Health and Safety
				  Code, Chapter 436, and the requirements of the National Shellfish Sanitation
				  Program Model Ordinance, as amended.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 241 - SHELLFISH SANITATION › Subchapter B - MOLLUSCAN SHELLFISH › Section 241.52 - Growing Area Classification

Current through Reg. 49, No. 28; July 12, 2024
The authority conferred on the commissioner by the Health
					 and Safety Code, §
										436.101
					 is hereby delegated pursuant to Health and Safety Code §
										436.003(a)
					 to the bureau chief of the Bureau of Food and Drug Safety, or his/her designee,
					 under the provisions of this section. The bureau chief shall:
(1) designate coastal water (as defined in
				  the rules of the Texas Parks and Wildlife Department, 31 TAC, Chapter 51) for
				  the purposes of taking molluscan shellfish as:
(A) an approved area;
(B) a conditionally approved area;
(C) a restricted area;
(D) a conditionally restricted area;
				  or
(E) a prohibited area.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 241 - SHELLFISH SANITATION › Subchapter B - MOLLUSCAN SHELLFISH › Section 241.53 - Shell Stock Transplanting and Gathering for Depuration

Current through Reg. 49, No. 28; July 12, 2024
(a) Any person who wants to transplant
				  molluscan shell stock from a harvest area classified as conditionally approved,
				  restricted, or conditionally restricted shall make application to the TPWD for
				  a permit to transplant molluscan shell stock.
(b) No person may transplant molluscan shell
				  stock without a valid transplant permit from the TPWD.
(c) Each person who transplants molluscan
				  shell stock shall provide the following information to the department:
(1) the source of the molluscan shell
				  stock;
(2) the quantity of
				  molluscan shell stock;
(3) the
				  destination private oyster lease of the molluscan shell stock; and
(4) the date the transplant permit expired or
				  was canceled.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 241 - SHELLFISH SANITATION › Subchapter B - MOLLUSCAN SHELLFISH › Section 241.54 - Molluscan Shellfish Aquaculture

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The following activities are exempted from the requirements in this section:
(1) hatcheries;
(2) nursery products which do not exceed 10%
				  of the market weight; and
(3)
				  nursery products that are six months or more growing time from market
				  size.