The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise. Those definitions and interpretations of terms of the Texas Food, Drug, and Cosmetic Act, Texas Health and Safety Code, Chapter 431, are also applicable when used in this subchapter.

(1) Adequate--That which is needed to accomplish the intended purpose in keeping with good public health practice.

(2) Bulk vehicle--A tank truck, hopper truck, cargo tank, portable tank, freight container, or hopper bin, or any other vehicle in which food is shipped in bulk, with the food coming into direct contact with the vehicle.

(3) Carrier--Any person who transports food while operating as a parcel delivery service.

(4) Cross-contact--The unintentional incorporation of a food allergen into food.

(5) Farm--Means: (A) Primary production farm. A primary production farm is an operation under one management in one general (but not necessarily contiguous) physical location devoted to the growing of crops, the harvesting of crops, the raising of animals (including seafood), or any combination of these activities. The term "farm" includes operations that, in addition to these activities: (i) pack or hold raw agricultural commodities; (ii) pack or hold processed food, provided that all processed food used in such activities is either consumed on that farm or another farm under the same management, or is processed food identified in clause (iii)(II)(-a-) of this subparagraph; and (iii) manufacture/process food, provided that: (I) all food used in such activities is consumed on that farm or another farm under the same management; or (II) any manufacturing/processing of food that is not consumed on that farm or another farm under the same management consists only of: (-a-) drying/dehydrating raw agricultural commodities to create a distinct commodity (such as drying/dehydrating grapes to produce raisins), and packaging and labeling such commodities, without additional manufacturing/processing (an example of additional manufacturing/processing is slicing); (-b-) treatment to manipulate the ripening of raw agricultural commodities (such as by treating produce with ethylene gas), and packaging and labeling treated raw agricultural commodities, without additional manufacturing/processing; and; (-c-) packaging and labeling raw agricultural commodities, when these activities do not involve additional manufacturing/processing (an example of additional manufacturing/processing is irradiation); or (B) secondary activities farm. A secondary activities farm is an operation, not located on a primary production farm, devoted to harvesting (such as hulling or shelling), packing, and/or holding of raw agricultural commodities, provided that the primary production farm(s) that grows, harvests, and/or raises the majority of the raw agricultural commodities harvested, packed, and/or held by the secondary activities farm owns, or jointly owns, a majority interest in the secondary activities farm. A secondary activities farm may also conduct those additional activities allowed on a primary production farm as described in subparagraph (A)(ii) and (iii) of this paragraph.

(6) Food allergen--A major food allergen is: (A) Milk, egg, fish (e.g., bass, flounder, or cod), Crustacean shellfish (e.g., crab, lobster, or shrimp), tree nuts (e.g., almonds, pecans, or walnuts), wheat, peanuts, and soybeans. (B) A food ingredient that contains protein derived from a food specified in subparagraph (A) of this paragraph, except the following: (i) any highly refined oil derived from a food specified in subparagraph (A) of this paragraph and any ingredient derived from such highly refined oil. (ii) a food ingredient that is exempt under United States Code Title 21 Chapter 9, Subchapter IV, §343(w)(6) and (7).

(7) Food contact substance--Any substance intended for use as a component of materials used in manufacturing, packing, packaging, transporting, or holding food if such use is not intended to have any technical effect in such food.

(8) Food not completely enclosed by a container--Any food that is placed into a container in such a manner that it is partially open to the surrounding environment. Examples of such containers include an open wooden basket or crate, an open cardboard box, a vented cardboard box with a top, or a vented plastic bag. This term does not include food transported in a bulk vehicle as defined in this subchapter.

(9) Food Transporter--Any person who physically moves food by vehicle in commerce within the United States; and excludes carriers as defined in this subchapter.

(10) Full-time equivalent employee--A term used to represent the number of employees of a business entity for the purpose of determining whether the business is a small business. The number of full-time equivalent employees is determined by dividing the total number of hours of salary or wages paid directly to employees of the business entity and of all of its affiliates and subsidiaries by the number of hours of work in 1 year, 2,080 hours (i.e., 40 hours x 52 weeks). If the result is not a whole number, round down to the next lowest whole number.

(11) Loader--A person that loads food onto a motor or during transportation operations.

(12) Non-covered business--A shipper, loader, receiver, or food transporter engaged in transportation operations that has less than $500,000, as adjusted for inflation, in average annual revenues, calculated on a rolling basis, during the 3-year period preceding the applicable calendar year. For the purpose of determining an entity's 3-year average revenue threshold as adjusted for inflation, the baseline year for calculating the adjustment for inflation is 2011.

(13) Operating temperature--A temperature sufficient to ensure that under foreseeable circumstances of temperature variation during transport, e.g., seasonal conditions, refrigeration unit defrosting, multiple vehicle loading and unloading stops, and type of food product, the operation will meet the requirements of §229.804(a)(3) of this title (relating to Transportation Operations).

(14) Pest--Any objectionable animals or insects including birds, rodents, flies, and larvae.

(15) Receiver--Any person who receives food at a point in the United States after transportation, whether or not that person represents the final point of receipt for the food.

(16) Shipper--A person, e.g., the manufacturer or a freight broker, who arranges for the transportation of food in the United States by a food transporter or multiple food transporters sequentially.

(17) Small business--A business employing fewer than 500 full-time equivalent employees except that for food transporters by motor vehicle that are not also shippers and/or receivers, this term would mean a business subject to §229.801(a) of this title (relating to Purpose and Scope) having less than $27,500,000 in annual receipts.

(18) Transportation--Any movement of food in by motor vehicle or in commerce within the United States.

(19) Transportation equipment--Equipment used in food transportation operations, e.g., bulk and non-bulk containers, bins, totes, pallets, pumps, fittings, hoses, gaskets, loading systems, and unloading systems. Transportation equipment also includes a trailer not attached to a tractor.

(20) Transportation operations--All activities associated with food transportation that may affect the sanitary condition of food including cleaning, inspection, maintenance, loading and unloading, and operation of vehicles and transportation equipment. Transportation operations do not include any activities associated with the transportation of food that is completely enclosed by a container except a food that requires temperature control for safety, compressed food gases, food contact substances, human food byproducts transported for use as animal food without further processing, or live food animals except molluscan shellfish. In addition, transportation operations do not include any transportation activities that are performed by a farm.

(21) Vehicle--A land conveyance that is motorized, e.g., a motor vehicle, which is used in transportation operations.

(22) Vehicle Used To Transport Food--A vehicle used to transport or hold food in commerce within Texas.

Source Note: The provisions of this §229.802 adopted to be effective August 2, 2017, 42 TexReg 3789