1. (a) Compliance with food law.

   1. (1) Food shall be obtained from sources that comply with applicable laws and are licensed by the state regulatory authority having jurisdiction over the processing and distribution of the food.^P
   2. (2) Food prepared in a private home, except as allowed in §228.223 of this title, or from an unlicensed food manufacturer or wholesaler, is considered to be from an unapproved source and may not be used or offered for human consumption in a food establishment.^P
   3. (3) Packaged food shall be labeled as specified in law, including 21 CFR 101, Food Labeling, 9 CFR 317, Labeling, Marking Devices, and Containers, and 9 CFR 381 Subpart N, Labeling and Containers, and as specified in §228.63(h) and (i) of this title.^Pf
   4. (4) Fish, other than those specified in §228.72(a)(2) of this title, that are intended for consumption in their raw form and allowed as specified in §228.71(a)(4) of this title may be offered for sale or service if they are obtained from a supplier that freezes the fish as specified in §228.72(a)(1) of this title; or frozen on the premises as specified §228.72(a)(1) of this title and records are retained as specified in §228.72(b) of this title.

   5. (5) Whole-muscle, intact beef steaks that are intended for consumption in an undercooked form without a consumer advisory as specified in §228.71(a)(3) of this title shall be:

      1. (A) obtained from a food processing plant that, upon request by the purchaser, packages the steaks and labels them, to indicate that the steaks meet the definition of whole-muscle, intact beef;^Pf or
      2. (B) deemed acceptable by the regulatory authority based on other evidence, such as written buyer specifications or invoices, that indicates that the steaks meet the definition of whole-muscle, intact beef;^Pf and

      3. (C) if individually cut in a food establishment:

         1. (i) cut from whole-muscle intact beef that is labeled by a food processing plant as specified in subparagraph (A) of this paragraph or identified as specified in subparagraph (B) of this paragraph;^Pf
         2. (ii) prepared so they remain intact;^Pf and
         3. (iii) if packaged for undercooking in a food establishment, labeled as specified in subparagraph (A) of this paragraph or identified as specified in subparagraph (B) of this paragraph.^Pf
   6. (6) Meat and poultry that is not a ready-to-eat food and is in a packaged form when it is offered for sale or otherwise offered for consumption, shall be labeled to include safe handling instructions as specified in law, including 9 CFR §317.2(l) and 9 CFR §381.125(b).
   7. (7) Eggs that have not been specifically treated to destroy all viable Salmonellae shall be labeled to include safe handling instructions as specified in law, including 21 CFR §101.17(h).
2. (b) Food in a hermetically sealed container. Food in a hermetically sealed container shall be obtained from a food processing plant that is regulated by the food regulatory agency that has jurisdiction over the plant.^P
3. (c) Fluid milk and milk products. Fluid milk and milk products shall be obtained from sources that comply with Grade A standards in accordance with Chapter 217 of this title.^P

4. (d) Fish.

   1. (1) Fish that are received for sale or service shall be:

      1. (A) commercially and legally caught or harvested;^P or
      2. (B) approved for sale or service.^P
   2. (2) Molluscan shellfish that are recreationally caught may not be received for sale or service.^P

5. (e) Molluscan shellfish.

   1. (1) Molluscan shellfish shall be obtained from sources according to law and the requirements specified in the U.S. Department of Health and Human Services, Public Health Service, Food and Drug Administration, National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish.^P
   2. (2) Molluscan shellfish received in interstate commerce shall be from sources that are listed in the Interstate Certified Shellfish Shippers List.^P

6. (f) Wild mushrooms.

   1. (1) Except as specified in paragraph (2) of this subsection, mushroom species picked in the wild shall not be offered for sale or service by a food establishment unless the food establishment has been approved to do so.^P

   2. (2) This section does not apply to:

      1. (A) cultivated wild mushroom species that are grown, harvested, and processed in an operation that is regulated by the food regulatory agency that has jurisdiction over the operation; or
      2. (B) wild mushroom species if they are in packaged form and are the product of a food processing plant that is regulated by the food regulatory agency that has jurisdiction over the plant.

7. (g) Exotic animals and game animals.

   1. (1) If exotic animals are received for sale or service, they shall:

      1. (A) be commercially raised for food;^P and

         1. (i) raised, slaughtered, processed, and deemed to be "inspected and approved" under an inspection program administered by USDA in accordance with 9 CFR 352, Exotic Animals; Voluntary Inspection;^P or
         2. (ii) raised, slaughtered, processed, and deemed to be "inspected and passed" under a meat and poultry inspection program administered by the department or any other state meat inspection program deemed equal to USDA inspection;^P
      2. (B) as allowed by law, for exotic animals that are live caught, be slaughtered and processed as required in subparagraph (A)(i) or (ii) of this paragraph;^P and

      3. (C) as allowed by law, for exotic animals that are field dressed:

         1. (i) receive an antemortem and postmortem examination by the appropriate inspection personnel as described in subparagraph (A)(i) or (ii) of this paragraph;^P and
         2. (ii) be field dressed, transported, and processed according to the requirements specified by the appropriate regulatory authority as described in subparagraph (A)(i) or (ii) of this paragraph.^P

   2. (2) If game animals are received for sale or service they shall be:

      1. (A) commercially raised for food;^P and:

         1. (i) raised, slaughtered, and processed under a voluntary inspection program that is conducted by the agency that has animal health jurisdiction;^P or
         2. (ii) under a routine inspection program conducted by a regulatory agency other than the agency that has animal health jurisdiction;^P and

         3. (iii) raised, slaughtered, and processed according to:

            1. (I) laws governing meat and poultry as determined by the agency that has animal health jurisdiction and the agency that conducts the inspection program;^P and
            2. (II) requirements which are developed by the agency that has animal health jurisdiction and the agency that conducts the inspection program with consideration of factors such as the need for ante mortem and postmortem examination by an approved veterinarian or veterinarian's designee;^P
      2. (B) under a voluntary inspection program administered by the USDA for game animals such as exotic animals (reindeer, elk, deer, antelope, water buffalo, or bison) that are "inspected and approved" in accordance with 9 CFR 352, Exotic Animals; Voluntary Inspection or rabbits that are "inspected and certified" in accordance with 9 CFR 354, Voluntary Inspection of Rabbits and Edible Products Thereof;^P

      3. (C) as allowed by law, for wild game animals that are live-caught:

         1. (i) under a routine inspection program conducted by a regulatory agency such as the agency that has animal health jurisdiction;^P and

         2. (ii) slaughtered and processed according to:

            1. (I) laws governing meat and poultry as determined by the agency that has animal health jurisdiction and the agency that conducts the inspection program;^P and
            2. (II) requirements which are developed by the agency that has animal health jurisdiction and the agency that conducts the inspection program with consideration of factors such as the need for antemortem and postmortem examination by an approved veterinarian or veterinarian's designee;^P or

      4. (D) as allowed by law, for field-dressed wild game animals under a routine inspection program that ensures the animals:

         1. (i) receive a postmortem examination by an approved veterinarian or veterinarian's designee;^P or
         2. (ii) are field-dressed and transported according to requirements specified by the agency that has animal health jurisdiction and the agency that conducts the inspection program;^P and
         3. (iii) are processed according to laws governing meat and poultry as determined by the agency that has animal health jurisdiction and the agency that conducts the inspection program. ^P
   3. (3) A game animal may not be received for sale or service if it is a species of wildlife that is listed in 50 CFR 17, Endangered and Threatened Wildlife and Plants.

Source Note:The provisions of this §228.62 adopted to be effective October 11, 2015, 40 TexReg 6901.