Food Safety Guidelines

Facilitator Only

EP Food Share is a facilitator only. We do not own, take custody of, store, inspect, handle, transport or otherwise control any food, and we do not guarantee its safety. Responsibility for food safety rests on the donor that offers the food and the recipient that accepts it. The rules below summarize Texas Food Establishment Rules, 25 TAC 228.64, and are provided for reference only.

25 TAC 228.64 Donor Responsibility Recipient Responsibility

Labelling for Offsite Transport

Food that is transported offsite must be labelled. Each container must be clearly marked with the name of the food, the source of the food and the date the food was prepared. Do not offer or accept food that lacks complete labelling.

• Food name the common name of the food
• Source the business or individual that prepared it
• Date prepared the date the food was prepared

Prohibited Items

The following must never be listed, donated or accepted through the platform:

• Cans that are damaged, including dents, swelling, rust or leaking seams.
• Food with incomplete labelling.
• Distressed food, meaning food that has been damaged by fire, flood or excessive heat.

Previously Served Food

Previously served unpackaged food may NOT be donated. Food that has already been placed out for service and was not consumed cannot be offered again once it has left its original packaging and been served.

Packaged food may be donated, including packaged time/temperature control for safety (TCS) food such as unopened milk, and packaged non-TCS food such as whole produce.

Unserved TCS Food and Temperature

Unpackaged unserved TCS food may only be donated when all of the following conditions are met:

• The food is held at 41F (5C) or below, or at 45F (7C) or below for shell eggs.
• Or the food was held at 135F (57C) or above during service and then properly refrigerated.
• The recipient has the facilities to transport, store and reheat the food safely.
• The food is transported directly to the consumer.

If any of these conditions cannot be met, the food must not be donated. When in doubt, throw it out.

Not Legal Advice

These guidelines are a summary for informational purposes only and are not legal advice. Donors and recipients are responsible for complying with the Texas Food Establishment Rules, 25 TAC 228.64, the Texas Good Faith Donor Act (Texas Civil Practice & Remedies Code Chapter 76), the federal Bill Emerson Good Samaritan Food Donation Act and all other applicable law. Consult your local health authority and a qualified attorney for guidance on your specific situation.