(a) Previous service. Except as specified in paragraphs (1) and (2) of this subsection, foods which have been previously served to a consumer may not be donated.
  (1) Packaged time and temperature control for safety foods (TCS foods), such as unopened milk, may be re-served or donated if immediately stored in a cooling bin maintained at five degrees Celsius (41 degrees Fahrenheit) or below.
  (2) The following food products may be re-served or donated.
    (A) Packaged non-TCS foods.
    (B) Whole fruit, such as apples or bananas.
(b) Unpackaged and unserved foods. Unpackaged and unserved TCS foods may be donated if:
  (1) the temperature of the food is at or below five degrees Celsius (41 degrees Fahrenheit), or an ambient temperature of seven degrees Celsius (45 degrees Fahrenheit) for raw shell eggs, at the time of donation, and is protected from contamination;
  (2) the food has been at or above 57 degrees Celsius (135 degrees Fahrenheit) during hot holding and service, and subsequently refrigerated to meet the time and temperature requirements in Food Code, §3-501.14 and §3-501.15, or maintained at proper holding temperatures required in Food Code, §3-501.16;
  (3) the donor can substantiate that the food recipient has the facilities to meet the transportation, storage, and reheating requirements of this chapter; and
  (4) the food is to be transported by the food recipient directly to a consumer, the recipient only needs to meet the transportation requirements in this chapter, including holding temperatures.
(c) Labeling. Donated foods transported offsite shall be labeled with the name of the food, the source of the food, and the date of preparation.
(d) Shelf life. Donated TCS foods may not exceed the shelf life for leftover foods outlined in this chapter.
(e) Damaged foods. Heavily rim or seam-dented canned foods, or packaged foods without the manufacturer's complete labeling shall not be donated.
(f) Distressed foods.
  (1) Foods which are considered distressed, such as foods which have been subjected to fire, flooding, excessive heat, smoke, radiation, other environmental contamination, or prolonged storage shall not be directly donated for consumption by the consumer.
  (2) Such foods in paragraph (1) of this subsection may be sold or donated to a licensed food salvage establishment if permitted under the provisions of the Texas Health and Safety Code 432.

Source Note: The provisions of this §228.64 adopted to be effective August 8, 2021, 46 TexReg 4686