Current through Reg. 49, No. 38; September 20, 2024
(a) Notice to the department.
(1) When the source of distressed food is the
result of a natural disaster, accident, power failure, or other emergency, the
salvage establishment or salvage broker shall make contact with the
department's Bureau of Food and Drug Safety within 24 hours after their initial
awareness of the emergency and prior to any removal of distressed food from the
place at which it was located when it became distressed.
(2) If emergency removal of distressed food
referenced in subsection (a)(1) of this section is required, notice to the
department shall be made as soon thereafter as possible. It shall be the duty
of the salvage establishment or salvage broker to make contact with the
department's Bureau of Food and Drug Safety within 48 hours whenever distressed
foods subject to the provisions of this subsection are obtained.
(3) Distressed food shall not be moved out of
the State of Texas without prior approval of the department and the responsible
state agency in the state to receive the food. Concurrence shall also be
obtained from the U.S. Food and Drug Administration, or U.S. Department of
Agriculture, Food Safety and Inspection Service, prior to interstate
movement.
(b) Protection
of salvageable and salvaged food.
(1) All
salvageable and salvaged food stored by salvage establishments or salvage
brokers shall be held at appropriate temperatures and under appropriate
conditions in accordance with requirements, if any, in the labeling of such
food.
(2) All salvageable and
salvaged food, while being stored or processed at a salvage establishment,
salvage warehouse, or during transportation, shall be protected from
contamination.
(3) Poisonous and
toxic materials shall be identified and handled under such conditions as will
not contaminate other salvageable or salvaged food, or constitute a hazard to
personnel.
(c)
Segregation of food. All salvageable food shall be promptly sorted and
segregated from nonsalvageable food to prevent further contamination of the
distressed food to be salvaged or offered for sale or distribution.
(d) Nonsalvageable food.
(1) Containers, including metal and glass
containers with press caps, screw caps, pull rings, or other types of openings
which have been in contact with nonpotable water, liquid foam, or other
deleterious substances, as a result of fire fighting efforts, flood, sewer
backups, or similar mishaps, shall be deemed unfit for sale or distribution,
i.e., nonsalvageable food as defined in §
229.543(18)
of this title (relating to Definitions).
(2) Disposal of Nonsalvageable food in
facilities without department approved Standard Operating Procedures (SOPs).
All nonsalvageable food shall be disposed of as in §
229.549
of this title (relating to Sanitary Facilities and Controls).
(3) Disposal of Nonsalvageable food in
facilities with department approved SOPs as described in §
229.554
of this title (relating to Standard Operating Procedures).
(A) all nonsalvageable food, except as
specified in subparagraph (B) of this paragraph, shall be disposed of according
to §
229.549
of this title (relating to Sanitary Facilities and Controls).
(B) bread, nonmeat pastry products, and
produce that have been completely removed from all packaging may be disposed of
by alternate means as described in subparagraph (A) of this paragraph according
to any applicable requirements of Title 30, Texas Administrative Code (TAC),
Chapters 330, 332, and 335, or Title 4, TAC, Chapter 55.
(4) Distressed food which is deemed to be
nonsalvageable by a duly authorized agent of the department shall, at the
request of the agent, be destroyed under the supervision of that agent at the
expense of the owner.
(e) Transporting of distressed food.
(1) Distressed food shall be moved from the
site of a fire, flood, sewer backup, wreck, or other cause as expeditiously as
possible after compliance with subsection (a) of this section so as not to
become putrid, rodent or insect defiled, or otherwise hazardous to public
health.
(2) All distressed and
salvageable food of a perishable nature shall, prior to reconditioning, be
transported only in vehicles provided with adequate refrigeration, if
necessary, for product maintenance.
(f) Handling of distressed articles other
than foods. If distressed articles other than foods are also salvaged, they
shall be handled separately so as to prevent contamination from poisonous and
toxic materials or other contaminants.
(g) Cross-contamination protection.
Sufficient precautions shall be taken to prevent cross-contamination (animal
feed to human food, etc.) among the various types of foods which are
salvageable or salvaged.
(h)
Salvageable food. All salvageable food shall be reconditioned prior to sale or
distribution except for such sale or distribution to a person holding a valid
license to engage in a salvage operation.
(i) Reconditioned food. All reconditioned
food must be in compliance with the Texas Food, Drug, and Cosmetic Act, Health
and Safety Code, Chapter 431.
(j)
Labeling. All salvaged food must be labeled in accordance with the requirements
of the Texas Food, Drug, and Cosmetic Act, Health and Safety Code, Chapter 431;
the Federal Food, Drug, and Cosmetic Act,
21
U.S.C., §301, et seq. as amended; the
Fair Packaging and Labeling Act,
15 U.S.C.,
§1451 et seq. as amended; and the
federal regulations promulgated under those Acts.
(k) Salvage warehouses. A person may not use
a salvage warehouse to recondition food or sell to consumers.
