Texas Register, Volume 3, Number 5, Pages 183-226, January 17, 1978 Page: 196
183-226 p. ; 28 cm.View a full description of this periodical.
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196
The department agrees and throughout the rules whenever a'
temperature is stated it has been changed so that it is now
stated both in centigrade and Fahrenheit.
(4) The requirement in Rule .011(f) regarding penalties
has been deleted because that requirement is already in the
statute.
(5) It was suggested that a copy of the department's in-
spection report form described in Rule .011(b) be included in
the rules. The department agrees and has adopted the form
by reference in Rule .011(f).
(6) Several other minor changes were made for purposes
of clarification, such as rephrasing or the addition or deletion
of words.
These rules are being adopted under the authority of Article
4476-5, Texas Revised Civil Statutes.
.001. Purpose. The function of these rules is to protect
the public health by establishing uniform requirements for
food service operations.
.002. Definitions. For the purpose of these rules:
(a) "Commissary" means a catering establishment,
restaurant, or any other place in which food, containers, or
supplies are kept, handled, prepared, packaged, or stored.
(b) "Corrosion-resistant materials" means those
materials that maintain their original surface charac-
teristics under prolonged influence of the food to be con-
tacted, the normal use of cleaning compounds and bacterici-
dal solutions, and other conditions-of-use environment.
(c) "Easily cleanable" means that surfaces are readily
accessible and made of such materials and finish and so
fabricated that residue may be effectively removed by normal
cleaning methods.
(d) "Employee" means individuals having supervisory
or management duties and any other person working in a
food service establishment.
(e) "Equipment" means stoves, ovens, ranges, hoods,
slicers, mixers, meatblocks, tables, counters, refrigerators,
sinks, dishwashing machines, steam tables, and similar items
other than utensils, used in the operation of a food service es-
tablishment.
(f) "Food" means any raw, cooked, or processed edible
substance, ice, beverage, or ingredient used or intended for.
use or for sale in whole or in part for human consumption.
(g) "Food-contact surface" means those surfaces of
equipment and utensils with which food normally comes in
contact, and those surfaces from which food may drain, drip,
or splash back onto surfaces normally in contact with food.
(h) Food establishments.
(1) "Food processing establishment" means a com-
mercial establishment in which food is manufactured or
packaged for human consumption. The term does not incude
a food service establishment, retail food store, or commissary
operation.
(2) "Food service establishment" means any place
where food is prepared and intended for individual portion
service, and includes the site at which individual portions are
provided. The term includes any such place regardless of.
whether consumption is on or off the premises and regardless
of whether there is a charge for the food. The term also in-
cludes delicatessen-type operations that prepare sandwiches
intended for individual portion service. The term does not in-
clude private homes where food is prepared or served for in-dividual family consumption, retail food stores, the location
of food vending machines, and supply vehicles.
(i) "Hermetically sealed container" means a container
designed and intended to be secure against the entry of
microorganisms and to maintain the commercial sterility of
its content after processing.
(j) "Kitchenware" means all multi-use utensils other
than tableware.
(k) "Law" includes federal, state, and local statutes, or-
dinances, and regulations.
(1) "Mobile food unit" means a vehicle-mounted food
service establishment designed to be readily moveable.
(m) "Packaged" means bottled, canned, or cartoned or
securely wrapped.
(n) "Person" includes any individual, partnership, cor-
poration, association, trustee, or other legal entity.
(o) "Person in charge" means the individual present in
a food service establishment who is the apparent supervisor
of the food service establishment at the time of inspection. If
no individual is the apparent supervisor, then any employee
present is the person in charge.
(p) "Potentially hazardous food" means any food that
consists in whole or in part of -silk or milk products, eggs,
meat, poultry, fish, shellfish, edible crustacea, or other ingre-
dients including synthetic ingredients, in a form capable of
supporting rapid and progressive growth of infectious or tox-
igenic microorganisms. The term does not include clean,
whole, or uncracked, odor-free shell eggs or foods which have
a pH level of 4.5 or below or a water activity (Aw) value of
0.85 or less.
(q) "Reconstituted" means recombining dehydrated
food products with water or other liquids.
(r) "Regulatory authority" means the state and/or local
enforcement authority or authorities having jurisdiction over
the food service establishment, or those determined by the
commissioner of health as having jurisdiction.
(s) "Safe materials" means articles manufactured from
or composed of materials that may not reasonably be ex-
pected to result, directly or indirectly, in their becoming a
component or otherwise affecting the characteristics of any
food. If materials are food additives or color additives as
defined in Section 201(s) or (t) of the Federal Food, Drug, and
Cosmetic Act as used, they are "safe" only if they are used in
conformity with regulations established pursuant to Section
409 or Section 706 of the act. Other materials are "safe" only
if they are not food additives or color additives as defined in
Section 201(s) or (t) of the Federal Food, Drug, and Cosmetic
Act, as used.
(t) "Sanitization" means effective bactericidal treat-
ment by a process that provides enough accumulative heat or
concentration of chemicals for enough time to reduce the bac-
terial count, including pathogens, to a safe level on utensils
and equipment.
(u) "Sealed" means free of cracks or other openings
that permit the entry or passage of moisture.
(v) "Single-sevice articles" means cups, containers,
lids, closures, plates, knives, forks, spoons, stirrers, paddles,
straws, napkins, wrapping materials, toothpicks, and similar
articles intended for one-time, one-person use and then dis-
carded.
(w) "Tableware" shall mean all multi-use eating and
drinking utensils including flatware (knives, forks, and
spoons).Volume 3. Number .5. .lanmurv 17. 1.978
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Texas. Secretary of State. Texas Register, Volume 3, Number 5, Pages 183-226, January 17, 1978, periodical, January 17, 1978; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth252892/m1/14/: accessed April 28, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.