(a) Except for non-covered businesses as defined in §229.802 of this title (relating to Definitions) and as provided for in subsection (b) of this section, the requirements of this subchapter apply to shippers, receivers, loaders, and food transporters engaged in transportation operations whether or not the food is being offered for or enters interstate commerce. The requirements of this subchapter apply in addition to any other requirements of this chapter that are applicable to the transportation of food, e.g., in §§229.210 - 229.225 of this title (relating to Current Good Manufacturing and Good Warehousing Practice in Manufacturing, Packing, or Holding of Human Food) and §§229.541 - 229.555 of this title (relating to Regulation of Food Salvage Establishments and Brokers).
(b) The requirements of this subchapter do not apply to shippers, receivers, loaders, or food transporters when they are engaged in transportation operations:
  (1) Of food that is transshipped through the United States to another country; or
  (2) Of food that is imported for future export, in accordance with the Federal Food, Drug, and Cosmetic Act, §801(d)(3) and that is neither consumed nor distributed in the United States; or
  (3) Of food when it is located in food facilities as defined in 21 Code of Federal Regulations, §1.227, that are regulated exclusively, throughout the entire facility, by the U.S. Department of Agriculture under the Federal Meat Inspection Act (21 United States Code 601 et seq.), the Poultry Products Inspection Act (21 United State Code 451 et seq.), or the Egg Products Inspection Act (21 United States Code 1031 et seq.)
(c) The criteria and definitions of this subchapter apply in determining whether food is adulterated within the meaning of Texas Health and Safety Code, §431.081(a) in that the food has been transported or offered for transport by a shipper, food transporter by motor vehicle, loader, or receiver engaged in transportation operations under conditions that are not in compliance with this subchapter.
(d) The failure by a shipper, food transporter by motor vehicle, loader, or receiver engaged in transportation operations to comply with the requirements of this subchapter is a prohibited act under Texas Health and Safety Code, §431.021.

Source Note: The provisions of this §229.801 adopted to be effective August 2, 2017, 42 TexReg 3789