1. (a) Temperature.

   1. (1) Except as specified in paragraph (2) of this subsection, refrigerated, time/temperature controlled for safety (TCS) food shall be at a temperature of 5 degrees Celsius (41 degrees Fahrenheit) or below when received.^P
   2. (2) If a temperature other than 5 degrees Celsius (41 degrees Fahrenheit) for a TCS food is specified in law governing its distribution the food may be received at the specified temperature.
   3. (3) Raw shell eggs shall be received in refrigerated equipment that maintains an ambient air temperature of 7 degrees Celsius (45 degrees Fahrenheit) or less.^P
   4. (4) Grade A Milk shall be received in refrigerated equipment that maintains an ambient air temperature of 7 degrees Celsius (45 degrees Fahrenheit) or less.^P
   5. (5) Molluscan shellfish shall be received in refrigerated equipment or on ice that maintains a temperature of 7 degrees Celsius (45 degrees Fahrenheit) or less, as required in §241.61(a) of this title.^P
   6. (6) Time/temperature controlled for safety (TCS) food that is cooked to a temperature and for a time specified in §228.71 of this title and received hot shall be at a temperature of 57 degrees Celsius (135 degrees Fahrenheit) or above.^P
   7. (7) A food that is labeled frozen and shipped frozen by a food processing plant shall be received frozen.^Pf
   8. (8) Upon receipt, TCS food shall be free of evidence of previous temperature abuse, such as but not limited to unusual odors, ice crystals, frost or discoloration.^Pf
2. (b) Additives. Food may not contain unapproved food additives or additives that exceed amounts specified in 21 CFR 170-180 relating to food additives, generally recognized as safe or prior sanctioned substances that exceed amounts specified in 21 CFR 181-186, substances that exceed amounts specified in 9 CFR Subpart C, §424.21(b), food ingredients and sources of radiation, or pesticide residues that exceed provisions specified in 40 CFR 180, Tolerances and Exemptions From Tolerances for Pesticide Chemicals in Food.^P
3. (c) Eggs. Eggs shall be received clean and sound and may not exceed the restricted egg tolerances for U.S. Consumer Grade B as specified in 7 CFR 56, Voluntary Grading of Shell Eggs and United States Standards, Grades, and Weight Classes for Shell Eggs, and 9 CFR 590, Inspection of Eggs and Egg Products.^P

4. (d) Eggs and milk products, pasteurized.

   1. (1) Egg products shall be obtained pasteurized. ^P

   2. (2) Fluid and dry milk and milk products shall:

      1. (A) be obtained pasteurized;^P and
      2. (B) comply with grade A standards as specified in law. ^P
   3. (3) Frozen milk products, such as ice cream, shall be obtained pasteurized in accordance with the Texas Frozen Desserts Manufacturing Licensing Act, Health and Safety Code, Chapter 440. ^P
   4. (4) Cheese shall be obtained pasteurized unless alternative procedures to pasteurization are specified in the CFR, such as 21 CFR 133, Cheeses and Related Cheese Products, for curing certain cheese varieties.^P
5. (e) Package integrity. Food packages shall be in good condition and protect the integrity of the contents so that the food is not exposed to adulteration or potential contaminants.^Pf
6. (f) Ice. Ice for use as a food or a cooling medium shall be made from drinking water.^P

7. (g) Juice treated. Pre-packaged juice shall:

   1. (1) be obtained from a processor with a HACCP system as specified in 21 CFR 120, Hazard Analysis and Critical Control (HACCP) Systems;^Pf
   2. (2) be obtained pasteurized or otherwise treated to attain a 5-log reduction of the most resistant microorganism of public health significance as specified in 21 CFR §120.24, Process Controls.^P

8. (h) Shucked shellfish, packaging and identification.

   1. (1) Raw shucked shellfish, including individual quick frozen oysters, shall be obtained in nonreturnable packages which bear a legible label that identifies the:^Pf

      1. (A) name, address, and certification number of the shucker-packer or repacker of the molluscan shellfish;^Pf and
      2. (B) the "sell by" or "best if used by" date for packages with a capacity of less than 1.89 L (one-half gallon) or the date shucked for packages with a capacity of 1.89 L (one-half gallon) or more.^Pf
   2. (2) A package of raw shucked shellfish that does not bear a label or which bears a label which does not contain all the information as specified in paragraph (1) of this subsection, shall be subject to detention as provided in Health and Safety Code, Chapter 436.

9. (i) Shellstock identification.

   1. (1) Shellstock shall be obtained in containers bearing legible source identification tags or labels that are affixed by the harvester and each dealer that depurates, ships, or reships the shellstock, as specified in §§241.50 - 241.71 of this title, and that list:^Pf

      1. (A) except as specified in paragraph (3) of this subsection, on the harvester's tag or label, the following information in the following order:^Pf

         1. (i) the harvester's identification number that is assigned by the shellfish control authority;^Pf
         2. (ii) the date of harvesting;^Pf
         3. (iii) the most precise identification of the harvest location or aquaculture site that is practicable based on the system of harvest area designations that is in use by the shellfish control authority and including the abbreviation of the name of the state or country in which the shellfish are harvested;^Pf
         4. (iv) the type and quantity of shellfish;^Pf and
         5. (v) the following statement in bold, capitalized type: "This tag is required to be attached until container is empty or retagged and thereafter kept on file for 90 days;"^Pf and

      2. (B) except as specified in paragraph (3) of this subsection, on each dealer's tag or label, the following information in the following order:^Pf

         1. (i) the dealer's name and address, and the certification number assigned by the shellfish control authority;^Pf
         2. (ii) the original shipper's certification number including the abbreviation of the name of the state or country in which the shellfish are harvested;^Pf
         3. (iii) the same information as specified for a harvester's tag in subparagraph (A)(ii) - (iv) of this paragraph;^Pf
         4. (iv) the following statement in bold, capitalized type: "This tag is required to be attached until container is empty and thereafter kept on file for 90 days."^Pf
   2. (2) A container of shellstock that does not bear a tag or label or that bears a tag or label that does not contain all the information as specified in paragraph (1) of this subsection shall be subject to detention as provided in Health and Safety Code, Chapter 436.
   3. (3) If a place is provided on the harvester's tag or label for a dealer's name, address, and certification number, the dealer's information shall be listed first.
   4. (4) If the harvester's tag or label is designed to accommodate each dealer's identification as specified in paragraph (1)(B)(i) and (ii) of this subsection individual dealer tags or labels need not be provided.
10. (j) Shellstock, condition. When received by a food establishment, shellstock shall be reasonably free of mud, dead shellfish, and shellfish with broken shells. Dead shellfish or shellstock with badly broken shells shall be discarded.

Source Note:The provisions of this §228.63 adopted to be effective October 11, 2015, 40 TexReg 6901.