Current through Reg. 49, No. 38; September 20, 2024
(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, Chapter 432.
