Section 229.550 - General Provisions for Handling and Movement of Distressed Food(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.25 Tex. Admin. Code § 229.550
The provisions of this §229.550 adopted to be effective December 17, 2002, 27 TexReg 11751; amended to be effective January 1, 2005, 29 TexReg 11984