TITLE 25. HEALTH SERVICES

PART 1. DEPARTMENT OF STATE HEALTH SERVICES

CHAPTER 229. FOOD AND DRUG

SUBCHAPTER GG. SANITARY TRANSPORTATION OF HUMAN FOODS

25 TAC §229.801

(Editor's Note: In the July 28, 2017 issue of the Texas Register (42 TexReg 3789), the Executive Commissioner of the Health and Human Services Commission, on behalf of the Department of State Health Services (DSHS), adopted 25 TAC §229.801 with changes to the proposed rule. Due to an error by the Texas Register, §229.801 was not republished. The preamble and the text of §229.801 are republished below.)

The Executive Commissioner of the Health and Human Services Commission, on behalf of the Department of State Health Services (DSHS), adopts the repeal of §§229.61 - 229.73, concerning Juice Hazard Analysis Critical Control Point (HACCP) Systems without changes; §§229.121 -229.129, concerning Seafood HACCP without changes; the repeal of §§229.210 - 229.222, concerning Current Good Manufacturing Practice and Good Warehousing Practice in Manufacturing, Packing, or Holding Human Food without changes; new §§229.210- 229.212, §229.214- 229.223 and 229.225, concerning Current Good Manufacturing Practice and Good Warehousing Practice in Manufacturing, Packing, or Holding Human Food without changes; and new §229.803 and §229.807, concerning Sanitary Transportation of Human Food without changes to the proposed text as published in the March 3, 2017, issue of the Texas Register (42 TexReg 971) and therefore, the sections will not be republished.

Sections 229.213, 229.224, 229.801, 229.802 and 229.804 - 229.806 are adopted with changes to the proposed text as published in the March 3, 2017 issue of the Texas Register (42 TexReg 971) and the sections will be republished.

The new sections are authorized by Texas Health and Safety Code, §431.241 and §431.244, which provide DSHS with the authority to adopt rules for efficient enforcement and adopt rules under the Federal Act; Government Code, §531.0055; and Texas Health and Safety Code §1001.075, which authorize the Executive Commissioner of the Health and Human Services Commission to adopt rules and policies necessary for the operation and provision of health and human services by DSHS and for the administration of Texas Health and Safety Code, Chapter 1001. Review of §§229.210 - 229.222 implements Government Code, §2001.039.

§229.801.Purpose and Scope.

(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.)

(c) The criteria and definitions of this subchapter apply in determining whether food is adulterated within the meaning of Texas Health and Safety Code, §431.081(a) in that the food has been transported or offered for transport by a shipper, food transporter by motor vehicle, loader, or receiver engaged in transportation operations under conditions that are not in compliance with this subchapter.

(d) The failure by a shipper, food transporter by motor vehicle, loader, or receiver engaged in transportation operations to comply with the requirements of this subchapter is a prohibited act under Texas Health and Safety Code, §431.021.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 31, 2017.

TRD-201702638

Lisa Hernandez

General Counsel

Department of State Health Services

Effective date: August 2, 2017

Proposal publication date: March 3, 2017

For further information, please call: (512) 776-6972