1. (a) Manufacturers of foods.

   1. (1) All manufacturers of food in Texas shall comply with the minimum standards specified in paragraph (2) of this subsection in addition to the existing standards contained in the following statutes: Health and Safety Code, Chapters 431, 434, and 438.
   2. (2) Current good manufacturing practice in manufacturing, processing, packing, or holding human food. The department adopts by reference the Current Good Manufacturing Practice in Manufacturing, Processing, Packing, or Holding Human Food, Code of Federal Regulations, Title 21, Part 110, §§110.3-110.110. Copies are indexed and filed in the office of the Division of Food and Drugs, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3182, and are available for inspection during normal working hours.
   3. (3) Living areas. No manufacturing of foods shall be conducted in any room used as living or sleeping quarters. All manufacturing operations shall be separated from any living or sleeping quarters by complete partitioning.
   4. (4) Potentially hazardous foods. The internal product temperature of potentially hazardous food shall be 45 degrees Fahrenheit (7 degrees Centigrade) or below or at an internal temperature of 140 degrees Fahrenheit (60 degrees Centigrade) or above at all times, except during periods of necessary preparation. Potentially hazardous food means any food that consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacea, or other ingredients including synthetic ingredients, in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms. The term does not include clean, whole, uncracked, odor-free shell eggs or foods which have a pH level of 4.5 or below or a water activity (Aw) value of 0.85 or less. Frozen foods shall be kept frozen and shall be stored at a temperature of 0 degrees Fahrenheit (-18 degrees Centigrade) or below.
   5. (5) Food labeling. If a person, firm, or corporation labels an article of food, the label shall meet the requirements of the Health and Safety Code, Chapter 431.

2. (b) Food wholesalers.

   1. (1) Food storage facilities shall be properly constructed and maintained. All walls, ceilings, and floors shall be intact to preclude entry of vermin and environmental contaminants.
   2. (2) Doors and loading docks shall be tight-fitting and kept closed at all times when not in use, or adequately screened during normal operating hours to prevent entry of rodents, birds, or other pests.
   3. (3) Outer premises, including trash receptacles, shall be kept clean and free of odors, debris, high weeds, or standing water which could harbor or attract vermin.
   4. (4) Hand-washing and toilet facilities shall be provided and maintained, including hot and cold running water, hand soap, and single-service towels as deemed appropriate by the regulatory authority for the types of foods handled by the licensee.
   5. (5) Adequate lighting shall be provided to facilitate cleaning and inspection of stored goods.
   6. (6) Wastewater shall be disposed of in a manner approved by the regulatory authority.
   7. (7) All foods, including refrigerated and frozen foods, shall be stored off the floor and away from walls to help prevent contamination by vermin (rodents and insects for example) and moisture, and to facilitate cleaning and inspection.
   8. (8) Food storage facilities and transportation vehicles shall be kept free of rodents, insects, birds, and other pests which may contaminate food.
   9. (9) Damaged, distressed, and infested foods shall be stored in a "morgue area," adequately separated from undamaged foods and shall be disposed of in a timely manner to preclude further contamination.
   10. (10) The internal temperature of potentially hazardous foods shall be maintained at 45 degrees Fahrenheit (7 degrees Centigrade) or below at all times to preclude temperature abuse during staging, loading, and transporting. Frozen foods shall be kept frozen at all times.
   11. (11) During warehousing and transporting, all chemicals shall be properly stored and physically separated from foods to preclude contamination.
   12. (12) Foods being warehoused shall be rotated on a "first in, first out" basis.
   13. (13) Packaged foods, including imported foods, shall comply with all applicable food labeling regulations.
   14. (14) Food storage facilities and transportation vehicles operated under the control of the licensee shall be kept clean and free of excessive dust, dirt, spillage, and other debris, including excess moisture.
   15. (15) Food transport vehicles shall be operated in compliance with federal regulations pertaining to back-hauling.
   16. (16) Each incoming lot shall be examined at the time of receipt to preclude acceptance of contaminated or adulterated foods.
   17. (17) Swollen, leaking, and/or severely dented containers of food shall be segregated and promptly placed in the "morgue area" to preclude further contamination, attraction of vermin, or sale prior to reconditioning.
   18. (18) Distressed foods salvaged by the licensee shall be salvaged in accordance with §§229.191-229.202 of this title (relating to Regulation of Food, Drug, Device, and Cosmetic Salvage Establishments and Brokers).
   19. (19) Only pesticides approved by the Environmental Protection Agency (EPA) for use in a food warehouse and/or food processing facility may be used. Pesticides shall be used only according to label directions. Rodenticides shall be placed inside enclosed bait boxes or other approved receptacles. Only a licensed pesticide applicator may apply restricted use pesticides.
   20. (20) Food wholesalers engaged in the receipt and distribution of over-the-counter or prescription drugs shall comply with §229.253 of this title (relating to Minimum Standards for Licensure).
   21. (21) The licensee shall keep accurate distribution records to facilitate the recall of any foods found to be unfit for human consumption.

Source Note:The provisions of this §229.183 adopted to be effective February 6, 1984, 8 TexReg 4753; amended to be effective December 16, 1986, 12 TexReg 503; amended to be effective July 20, 1993, 18 TexReg 4395; amended to be effective November 22, 1993, 18 TexReg 8214.