All definitions found in §228.2 of this title (relating to Definitions) are applicable to this subchapter. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.
  (1) Food--A raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption, or chewing gum.
  (2) Food establishment--
    (A) A food establishment is an operation that:
      (i) stores, prepares, packages, serves, or vends food directly to the consumer, or otherwise provides food for human consumption, such as:
        (I) a restaurant;
        (II) a retail food store;
        (III) a satellite or catered feeding location;
        (IV) a catering operation if the operation provides food directly to a consumer or to a conveyance used to transport people;
        (V) a market;
        (VI) a vending machine location;
        (VII) a self-service food market;
        (VIII) a conveyance used to transport people;
        (IX) an institution; or
        (X) a food bank; and
      (ii) relinquishes possession of food to a consumer directly, or indirectly through a delivery service, such as home delivery of grocery orders or restaurant takeout orders, or delivery service provided by common carriers.
    (B) A food establishment includes:
      (i) an element of the operation, such as a transportation vehicle or a central preparation facility supplying a vending machine location or satellite feeding location unless the vending machine or feeding location is permitted by the regulatory authority; and
      (ii) an operation conducted in a mobile, stationary, temporary, or permanent facility or location and where consumption is on or off the premises regardless if there is a charge for the food.
    (C) A food establishment does not include:
      (i) an establishment offering only prepackaged foods that are not time and temperature control for safety (TCS) foods;
      (ii) a produce stand only offering whole, uncut fresh fruits and vegetables;
      (iii) a food processing plant, including one located on the premises of a food establishment;
      (iv) a cottage food production operation;
      (v) a bed and breakfast limited as defined in §228.2(5) of this title (relating to Definitions); or
      (vi) a private home receiving catered or home-delivered food.
  (3) Food Service Establishment--A food establishment as defined in these rules.
  (4) Nonprofit organization--A civic or fraternal organization, charity, lodge, association, proprietorship, or corporation possessing a 501(c) exemption under the Internal Revenue Code; or a religious organization.
  (5) Permit holder--The person legally responsible for the operation of the food establishment such as the owner, the owner's agent, or other person; and who possesses a valid permit to operate a food establishment.
  (6) Retail food store--A food establishment or section of an establishment where food and food products are offered to the consumer and intended for off-premises consumption. The term includes delicatessens offering prepared food in bulk quantities only. The term does not include establishments which handle only prepackaged, non-TCS food products; roadside markets offering only unprocessed fresh fruits and fresh vegetables; or farmers markets; except, for the purposes of obtaining a permit and payment of fees only, the term "retail food store" does not include establishments permitted and inspected under authority granted to municipalities.
  (7) School food establishment--A food service establishment where food is prepared and intended for service primarily to students in public and private schools, including kindergarten, preschool and elementary schools, junior high schools, high schools, colleges, and universities. A school food establishment is a food establishment and may include concession stands located on the school premises or other school-sponsored venues. School food establishments are managed and operated under the supervision of school district employees.
  (8) Temporary food establishment--A food establishment operating for a period of no more than 14 consecutive days in conjunction with a single event or celebration.
  (9) Time and temperature control for safety food (TCS food)--A food requiring time and temperature control for safety to limit pathogen growth or toxin production. The term includes a food that must be held under proper temperature controls, such as refrigeration, to prevent the growth of bacteria that may cause human illness. A TCS food may include a food containing protein and moisture and that is neutral or slightly acidic, such as meat, poultry, fish, and shellfish products; pasteurized and unpasteurized milk and dairy products; raw seed sprouts; baked goods that require refrigeration, including cream or custard pies or cakes; and ice products. The term does not include a food using TCS food as ingredients if the final food product does not require time or temperature control for safety to limit pathogen growth or toxin production.

Source Note: The provisions of this §229.371 adopted to be effective March 19, 2000, 25 TexReg 2076; amended to be effective January 1, 2005, 29 TexReg 11982; amended to be effective February 18, 2018, 43 TexReg 578; amended to be effective May 13, 2024, 49 TexReg 3288