Food Manufacturers, Wholesalers, and Warehouses

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 and the Sanitary Transportation of Human and Animal Food, respectively.   

The 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.  The DSHS Foods program is proposing to repeal the current 25 TAC 229.210-222 - Current Good Manufacturing and Good Warehousing Practice in Manufacturing, Packing, or Holding Human Food and proposing a substitute rule, 25 TAC 229.210-225 - Current Good Manufacturing and Good Warehousing Practice in Manufacturing, Packing, or Holding Human Food.  The program is also proposing a new rule – Sanitary Transportation of Human Food, 25 TAC 229.801-807 - Sanitary Transportation of Human Foods.  The rule proposals are based on rule making authority granted under Texas Health and Safety Code Chapter §§431.241 and 244.   

The proposed rules were posted in the Texas Register on March 3, 2017.  The official comment period lasts through May 2, 2017.  

1)         To review proposed rule language:

a.     Visit the Texas Register Website; or
b.     If you do not have access to a computer or the ability to download and print the register notice,  request a copy of the proposed rules by submitting a written request to:

Julie Loera
Texas Department of State Health Services
PO Box 149347 MC-2833
Austin, Texas 78714-9347

2)         To submit comments:  

a.   Send written comments by email to: Julie.loera@dshs.texas.gov.
b.   Submit written comments to address listed in 1) b. above.  
c.   Attend stakeholders meeting March 28, 2017 at 8:00 am, 8407 Wall Street, Austin Texas, Room N-102 to submit written or oral comments.    

Summary of Rule Proposal

1)   Added a listing of the all the federal rules adopted by reference in Health and Safety Code (HSC) Chapter 431.244 and 245 including the risk based preventive control portions of GMP and PC Rule.  
2)   Included new definitions added in GMP and PC Rule.  
3)   Included new training requirements for individuals who manufacture, process, pack or hold food.
4)   Consolidated exemptions outlined in various federal rules.
5)   Included information on records required to be maintained.
6)   Included  the current good manufacturing rule which has been updated to include the new requirements in GMP and PC Rule:

a.   Inclusion of requirement to prevent cross contact for allergens
b.   Removal of should language
c.   Change of shall to must

7)   Several state updates to include:

a.   Updating requirements for vacuum packaged foods to be consistent with the Texas Food Establishment Rules and new federal Preventive Control Rules.
b.   Clarifying requirements for handwashing and handwashing sinks in manufacturing facilities and warehouse facilities.  
c.   Insertion of the word internal before the term temperature. 

8)   Included requirements for sanitary transportation for human food based on the Sanitary Transportation Rule.  

If you have any questions regarding the proposed rules, the stakeholder meeting, or the process for submitting comments please contact:

DSHS Foods Group Contacts
foods.regulatory@dshs.texas.gov 
512-834-6670
Julie Loera – Julie.loera@dshs.texas.gov or 512-834-6770 ext 2342


Related Licenses and Information

This website contains information on licensure and regulation of food manufacturers, food wholesalers, and warehousing facilities. For information on other topics, please see the program websites listed below:

Regulatory authority has been granted to DSHS, under the Food, Drug, and Cosmetic Act, and the Food Drug, and Cosmetic Salvage Act of the Texas Health and Safety Code, to prevent the unlawful manufacture or distribution of adulterated and misbranded food. In addition to the regulatory responsibilities, focus is directed to food safety and the education of firms that manufacture and wholesale food in the State of Texas.


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Contact Information

For Food Manufacture/Wholesale/Warehouse Program Inquiries

Email: Foods Group
Phone: (512) 834-6670
Fax: (512) 834-6681

For Licensing Assistance

Email: Foods Licensing Group
Phone: (512) 834-6626
Fax: (512) 834-6618

Mailing addresses may be found on the contact page.

Last updated March 14, 2017