Section 229.543 - DefinitionsThe following words and terms, when used in these sections, shall have the following meanings, unless the context clearly indicates otherwise.
(1) Act--The Texas Food, Drug, Device, and Cosmetic Salvage Act, Health and Safety Code, Chapter 432.(2) Adulterated food--Has the meaning specified in the Texas Food, Drug, and Cosmetic Act, Health and Safety Code, Chapter 431, §431.081.(3) Authorized Agent--An employee of the department who is designated by the commissioner to enforce the provisions of this chapter.(4) Change of ownership--A sole proprietor who transfers all or part of the salvage establishment or salvage broker business to another person or persons; the removal, addition, or substitution of a person or persons as a partner in a salvage establishment or salvage broker business owned by a partnership; a corporate sale, transfer; reorganization; or merger of the corporation which owns the salvage establishment or salvage broker business if the sale, transfer, reorganization, or merger causes a change in the salvage establishment's or salvage broker business' ownership to another person or persons; or if any other type of association, the removal, addition, or substitution of a person or persons as a principal of such association.(5) Commissioner--The Commissioner of Health or his successor.(6) Department--The Department of State Health Services.(7) Device--An instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, including any component; part, or accessory; that is: (A) recognized in the official United States Pharmacopoeia National Formulary or any supplement to it;(B) intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease in man or other animals; or(C) intended to affect the structure or any function of the body of man or other animals and that does not achieve any of its principal intended purposes through chemical action within or on the body of man or other animals and is not dependent on metabolization for the achievement of any of its principal intended purposes.(8) Distressed food--Any food that is adulterated or misbranded within the meaning of the Texas Food, Drug, and Cosmetic Act, Health and Safety Code, §§ 431.081 and 431.082. The term includes food that:(A) has lost its labeling or is otherwise unidentified;(B) has been subjected to prolonged or improper storage, including insanitary conditions whereby the food may have become contaminated with filth or whereby it may be rendered injurious to health;(C) has been subjected for any reason to abnormal environmental conditions, including temperature extremes, humidity, smoke, water, fumes, pressure, or radiation;(D) has been rendered unsafe or unsuitable for human consumption or use for any other reason.(9) Drug-- (A) an article or substance recognized in the official United States Pharmacopoeia, the official Homeopathic Pharmacopoeia of the United States, and the official National Formulary, or any supplement of them;(B) an article or substance designed or intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals;(C) an article or substance, other than food, intended to affect the structure or any function of the body of man or other animals; or(D) an article or substance intended for use as a component of any article or substance specified in this definition.(10) Food--(A) any article of food or drink for man;(C) an article used for components of any such article.(11) Food reclamation center--A facility or person that engages in the reconditioning or inventorying, separating, and disposing of distressed food on a fee for service basis. Distressed food may originate from a wholesale distributor, manufacturer, or retail facility, and may be handled within said facility by someone other than the distributor, manufacturer, or retail facility. For the purpose of licensing under these sections, a food reclamation center is a salvage establishment.(12) Labeling--All labels and other written, printed, or graphic matter: (A) upon any article or any of its containers or wrappers; or(B) accompanying such article.(13) Manufacture--The combining, purifying, processing, packing, or repacking of food for wholesale or retail sale.(14) Manufacturer--Includes a person who represents himself as responsible for the purity and proper labeling of a food.(15) Misbranded food--Has the meaning specified in the Texas Food, Drug, and Cosmetic Act, Health and Safety Code, Chapter 431, §431.082.(16) Nonprofit organization--An organization which has received an exemption from federal taxation under 26 U.S.C., §501(c)(3).(17) Nonsalvageable food--Distressed food, as defined in this section, which cannot be safely or practically reconditioned.(18) Packaged food--Any container or wrapping in which food is enclosed for use in the delivery or display of such commodities. This term includes containers or wrapping for consumer, institutional, bulk products and any of their original shipping containers.(19) Perishable--Capable of spoilage or deterioration due to improper refrigeration or handling.(20) Person--An individual, corporation, business trust, estate, trust, partnership, association, or any other public or private legal entity.(21) Personnel--Any person employed by a salvage establishment or salvage broker who does or may in any manner handle or come in contact with the handling, storing, transporting, or selling and distributing of salvageable or salvaged food.(22) Place of business--Each location from which a salvage establishment or salvage broker operates.(23) Potentially hazardous food--A food that is natural or synthetic and that requires temperature control because it is in a form capable of supporting the rapid and progressive growth of infectious or toxigenic microorganisms; the growth and toxin production of Clostridium botulinum; or in raw shell eggs, the growth of Salmonella enteritidis.(24) Reconditioning--Any appropriate process or procedure by which distressed food can be brought into compliance with the standards of the department for consumption or use by the public. In addition, all reconditioned food must be in compliance with the Texas Food, Drug, and Cosmetic Act, Health and Safety Code, Chapter 431.(25) Sale or distribution--The act of selling or distributing, whether for compensation or not, and includes delivery, holding, or offering for sale, transfer, auction, storage, or other means of handling or trafficking.(26) Salvage broker--A person who engages in the business of selling, distributing, or otherwise trafficking in any distressed or salvaged food, drug, device, or cosmetic and who does not operate a salvage establishment.(27) Salvage establishment--Any place of business engaged in reconditioning or by other means salvaging distressed food, drugs, devices, or cosmetics or that sells, buys, or distributes for human use any salvaged food, drug, device, or cosmetic. For the purpose of licensing under these sections, a food reclamation center is a salvage establishment.(28) Salvage operator--A person who is engaged in the business of operating a salvage establishment.(29) Salvage warehouse--A separate storage facility used by a salvage broker or salvage establishment for the purpose of holding distressed or salvaged food.(30) Salvageable food--Any distressed food, as defined in this section, which can be reconditioned to departmental standards.(31) Salvaged food--Any distressed food that has been reconditioned.(32) Sanitize--Adequate treatment of surfaces by a process that is effective in destroying vegetative cells of microorganisms of public health significance and in substantially reducing numbers of other microorganisms. Such treatments shall not adversely affect the product, shall meet the requirements of 21 CFR, §178.1010 as amended, and shall be safe to the consumer.(33) Vehicles--Any truck, car, bus, or other means by which distressed, salvageable, or salvaged food is transported from one location to another.25 Tex. Admin. Code § 229.543
The provisions of this §229.543 adopted to be effective December 17, 2002, 27 TexReg 11751; amended to be effective January 1, 2005, 29 TexReg 11984