The following words and terms, when used in these sections, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Direct seller--An individual: (A) who is not affiliated with a permanent retail establishment and who engages in the business of: (i) in-person sales of prepackaged nonperishable foods, including dietary supplements, to a buyer on a buy-sell basis, a deposit-commission basis, or a similar basis for resale in a home; or (ii) sales of prepackaged nonperishable foods, including dietary supplements, in a home; (B) who receives substantially all remuneration for a service, whether in cash or other form of payment, which is directly related to sales or other output, including the performance of the service, and not to the number of hours worked; or (C) who performs services under a written contract between the individual and the person for whom the service is performed, and the contract provides that the individual is not treated as an employee with respect to federal tax purposes.

(2) Food--Any article of food or drink for man; chewing gum; or an article used for components of any such article.

(3) Food manufacturer--A person who combines, purifies, processes, or packages food for sale through a wholesale outlet. The term also includes a retail outlet that packages or labels food before sale and a person that represents itself as responsible for the purity and proper labeling of an article of food by labeling the food with the person's name and address.

(4) Food service establishment--Any place where food is prepared and intended for individual portion service, and includes the site at which individual portions are provided. The term includes any such place regardless of whether consumption is on or off the premises and regardless of whether there is a charge for the food. The term also includes delicatessen-type operations that prepare sandwiches intended for individual portion service. The term does not include private homes where food is prepared or served for individual family consumption, retail food stores, the location of food vending machines, and supply vehicles.

(5) Food wholesaler--A person who distributes food for resale, either through a retail outlet owned by that person or through sales to another person. The term "food wholesaler" shall not include a commissary which distributes food primarily intended for immediate consumption on the premises of a retail outlet under common ownership or an establishment engaged solely in the distribution of nonalcoholic beverages in sealed containers.

(6) Manufacture--The process of combining or purifying food or packaging food for sale to a person at wholesale or retail, and includes repackaging, labeling, or relabeling of any food.

(7) Package--Any container or wrapping in which a consumer commodity is enclosed for use in the delivery or display of that consumer commodity to retail purchasers. The term includes wrapped meats enclosed in papers or other materials as prepared by the manufacturers thereof for sale. The term does not include: (A) shipping containers or wrappings used solely for the transportation of a consumer commodity in bulk or in quantity to manufacturers, packers, or processors, or to wholesale or retail distributors; or (B) shipping containers or outer wrappings used by retailers to ship or deliver a commodity to retail customers if the containers and wrappings do not bear printed matter relating to any particular commodity.

(8) Place of business--Each location where a person manufactures food, where food for wholesale is distributed, or a warehouse where food is stored.

(9) Sale--The manufacture, production, processing, packaging, exposure, offer, possession, or holding of any such article for sale; and the sale, dispensing, and giving of any such article, and the supplying or applying of any such articles in the conduct of any food, drug, or device place of business.

(10) Warehouse--Any structure used for the storage of food.

(11) Warehouse operator--A person that operates a warehouse where food is stored.

Source Note: The provisions of this §229.181 adopted to be effective July 21, 2004, 29 TexReg 6940