The following words and terms, when used in these sections, shall have the following meanings, unless the context clearly indicates otherwise.

1. (1) Consumer--Any person, firm, corporation, or other public or private legal entity which utilizes articles of food as supplied to that person, firm, or corporation, or which further processes or packages such articles of food.
2. (2) Food--Any article of food or drink for man; chewing gum; or an article used for components of any such article.
3. (3) Food manufacturer--A person who combines, purifies, processes, or packages food for sale through a wholesale outlet. The term also includes a retail outlet that packages or labels food before sale and a person that represents itself as responsible for the purity and proper labeling of an article of food by labeling the food with the person's name and address.
4. (4) Food service establishment--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 includes delicatessen-type operations that prepare sandwiches intended for individual portion service. The term does not include private homes where food is prepared or served for individual family consumption, retail food stores, the location of food vending machines, and supply vehicles.
5. (5) Food wholesaler--A person who distributes food for resale, either through a retail outlet owned by that person or through sales to another person. The term "food wholesaler" shall not include a commissary which distributes food primarily intended for immediate consumption on the premises of a retail outlet under common ownership.
6. (6) Manufacture--The process of combining or purifying food and packaging food for sale to a consumer at wholesale or retail.
7. (7) Packaging--Any covering, wrapper, or container in which a product is placed for retail or wholesale distribution, either before or after sale, to a consumer.
8. (8) Place of business--Each location where a person manufactures food or where a person holds food for wholesale distribution. The term "place of business" shall not include the location of a food service establishment or a commissary supplying food service establishments unless the business regularly engages in the labeling, combining, and purifying of food which is either sold for resale or packaged for sale in other than individual portions.
9. (9) Public food warehouse (terminal)--A food storage facility from which foods owned by others are stored and distributed, and for which services the operator of the facility is paid for the storage and/or distribution of the foods.

Source Note:The provisions of this §229.181 adopted to be effective February 6, 1984, 8 TexReg 4753; amended to be effective November 22, 1993, 18 TexReg 8214; amended to be effective March 12, 1997, 22 TexReg 2435.