Laws and Rules - Food Manufacturers, Warehouse Operators, Food Wholesalers, and Food Wholesale Registrants

Notice of Rulemaking

In September 2015 and April 2016, the U.S. Food and Drug Administration finalized the Current Good Manufacturing Practice and Hazard Analysis and Risk-Based Preventive Controls for Human Food rules and the Sanitary Transportation of Human and Animal Food rules, respectively.   

Texas Department of State Health Services (DSHS) Foods program wants to ensure that industry has a consistent set of rules to follow regardless of whether they are being inspected by the federal or state government. 

On March 3, 2017, the DSHS Foods program proposed 25 TAC 229.210-225 - Current Good Manufacturing and Good Warehousing Practice in Manufacturing, Packing, or Holding Human Food and Sanitary Transportation of Human Food, 25 TAC 229.801-807 - Sanitary Transportation of Human Foods.  The rule proposals were based on rule making authority granted under Texas Health and Safety Code Chapter §§431.241 and 244.  

The rules were posted as final in the Texas Register on July 28, 2017 with an effective date of August 2, 2017.  

• View the new Current Good Manufacturing and Good Warehousing Practice in Manufacturing, Packing, or Holding Human Food (GMPs)
• View cross-walk of changes from old GMPs to new GMPs.  
• View the new Sanitary Transportation of Human Foods.

For additional questions contact the Foods Group at foods.regulatory@dshs.state.tx.us or 512-834-6670.

Texas Laws

• Texas Health and Safety Code, Chapter 431 - Texas Food, Drug, and Cosmetic Act

Texas Rules

General Food Regulations

• 25 TAC, §229 - Food and Drug (All subchapters listed)
• 25 TAC, §229.261 - Assessment of Administrative Penalties
• 25 TAC, Chapter 229, Subchapter N - Current Good Manufacturing Practice

Food Manufacturers, Wholesalers and Warehouse Operators

• 25 TAC, Chapter 229, Subchapter L - Licensure of Food Manufacturers, Food Wholesalers, and Warehouse Operators
• 25 TAC, Chapter 229, Subchapter N - Current Good Manufacturing Practice and Good Warehousing Practice in Manufacturing, Packing, or Holding Human Food
  • 25 TAC, Chapter 228, Retail Food 
  • 25 TAC, Chapter 241, Molluscan Shellfish
  • 25 TAC, Chapter 229, Regulation of Food Salvage Establishments and Brokers
  • 25 TAC, Chapter 229, Regulation of Drug Salvage Establishments and Brokers
  • 25, TAC, Chapter 229, Regulation of Device Salvage Establishments and Brokers
  • 30 TAC, Chapter 290, Public Drinking Water
  • 30 TAC, Chapter 330, Municipal Solid Waste
  • 30 TAC, Chapter 332, Composting
  • 30 TAC, Chapter 335, Industrial Solid Waste and Municipal Hazardous Waste
  • 4 TAC, Chapter 55, Swine
    

Dietary Supplements

• 25 TAC, Chapter 229, Subchapter Y - Regulations to Prohibit the Sale of Dietary Supplements Containing Ephedrine Group Alkaloids; And to Restrict the Sale and Distribution of Certain Products Containing Ephedrine

Ice Manufacturing, Storage, and Distribution

• 25 TAC, Chapter 229, Subchapter G - Manufacture, Storage, and Distribution of Ice Sold For Human Consumption, Including Ice Produced at Point of Use

Sanitary Transportation of Human Foods

•  25 TAC, Chapter 229, Subchapter GG - Sanitary Transportation of Human Foods
  

Federal Food, Drug, and Cosmetic Act

• Federal Food, Drug, and Cosmetic Act - Chapters I-X and Amendments
  

Federal Regulations Adopted by State Rules

21 Code of Federal Regulations

• Part 1.20-1.21 and 1.24 General Labeling Requirements
• Part 70 - Color Additives
• Part 71 - Color Additive Petitions
• Part 73 - Color Additives Exempt from Certifications
• Part 74 - Color Additives Subject to Certification
• Part 80 - Color Additive Certification
• Part 81 - Color Additives - General Specifications and General Restrictions
• Part 82 - Color Additives - List of Certified Provisionally Listed Colors & Specifications
• Part 100.155 – Salt and Iodized Salt
• Part 101 - Food Labeling
• Part 105 - Special Dietary Use
• Part 106 - Infant Formula (Quality Control Procedures)
• Part 107 - Infant Formula
• Part 108 -  Emergency Permit Control
  
• Part 109 - Unavoidable Contaminants in Food for Human Consumption and Food Packaging Material 
• Part 110 - Current Good Manufacturing Practice in Manufacturing, Packing, or Holding Human Food
• Part 113 - Thermally Processed Low Acid Food in Hermetically Sealed Containers
• Part 114 - Acidified Food
• Part 117- Current Good Food Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls for Human Food 
• Part 120 - Hazard Analysis And Critical Control Point (HACCP) Systems
• Part 123 - Fish and Fishery Products
• Part 129 - Bottled Water
• Part 130 – Food Standards 
• Part 131 – Milk and Cream
• Part 133 – Cheese and Related Cheese Products
• Part 135 – Frozen Desserts 
• Part 136 – Bakery Products
• Part 137 – Cereal Flours and Related Products 
• Part 139 – Macaroni and Noodle Products
• Part 145 – Canned Fruits
• Part 146 – Canned Fruit Juices
• Part 150 – Fruit Butters, Jellies, Preserves, and Related Products
• Part 152 – Fruit Pies
• Part 155 – Canned Vegetables
• Part 156 – Vegetable Juices
• Part 158 – Frozen Vegetables 
• Part 160 – Eggs and Egg Products 
• Part 161 – Fish and Shellfish
• Part 163 – Cacao Products
• Part 164 – Tree Nut and Peanut Products
• Part 165 - Beverages
• Part 166 – Margarine
• Part 168 – Sweeteners and Table Syrups
• Part 169 – Food Dressings and Flavorings
• Part 170 - Food Additives
• Part 171 - Food Additive Petitions
• Part 172 - Food Additives Permitted for Direct Addition to Food for Human Consumption
• Part 173 - Secondary Direct Food Additives Permitted in Food for Human Consumption
• Part 174 - Indirect Food Additives: General
• Part 175 - Indirect Food Additives: Additives & Components of Coatings
• Part 176 - Indirect Food Additives: Paper and Paperboard Components
• Part 177 - Indirect Food Additives: Polymers
• Part 178 - Indirect Food Additives: Adjuvants, Production Aids, Sanitizers
• Part 179 - Irradiation in the Production of Food for Human Consumption
• Part 180 - Food Additives Permitted in Food or in Contact with Food on an Interim Bases Pending Add'l Study
• Part 181 - Prior Sanctioned Food Ingredients
• Part 182 - Substances Generally Recognized as Safe
• Part 184 - Direct Food Substances Affirmed as Generally Recognized as Safe
• Part 186 - Indirect Food Substances Affirmed as Generally Recognized as Safe
• Part 189 - Substances Prohibited from Use in Human Food

Federal Draft and Proposed Rules

The regulations.gov website includes Proposed Rules and Rules, as well as Notices from the Federal Register. Documents such as Public Comments and Supporting and Related Materials are often associated with these regulations, and can also be found on this site.