reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 436.091 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 436 - Aquatic Life|Subchapter G. Aquatic Life From Prohibited Areas|Section 436.091. Declaration of Prohibited Areas

Sec. 436.091.  DECLARATION OF PROHIBITED AREAS.  (a)  The department by order shall declare a body of public water to be a prohibited area if:(1)  the department finds, according to a sanitary, chemical, or bacteriological survey, that the area contains aquatic life that is unfit for human consumption; or(2)  aquatic life from a prohibited area may have been transferred to that body of public water.(b)  The department shall modify or revoke an order according to the results of a sanitary, chemical, or bacteriological survey conducted by the department.  The department shall file the order in the department's office and shall furnish without charge a copy of the order describing prohibited areas on request.(c)  The department shall conspicuously outline prohibited areas on maps and shall furnish the maps without charge on request.  The failure of a person to obtain that information does not relieve that person from liability under this chapter.|Added by Acts 1993, 73rd Leg., ch. 336, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1110, eff. April 2, 2015.|
TX Health & Safety Code § 436.101 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 436 - Aquatic Life|Subchapter H. Molluscan Shellfish|Section 436.101. Classification of Growing Areas

Sec. 436.101.  CLASSIFICATION OF GROWING AREAS.  (a)  The department by order shall designate an area that is coastal water according to the rules of the Parks and Wildlife Commission as an approved area, a conditionally approved area, a restricted area, a conditionally restricted area, or a prohibited area, according to the classification categories in the current National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish or its successor.  Coastal water is a prohibited area for the taking of molluscan shellfish unless designated otherwise by the department.(b)  The department shall prohibit the taking of molluscan shellfish for a specified period from water to which molluscan shellfish may have been transferred from a restricted or conditionally restricted area.(c)  The department by order shall designate growing areas as closed areas or open areas.  The department shall modify or revoke an order according to the results of sanitary and bacteriological surveys conducted by the department.  The department shall file the order in the department's office and shall furnish without charge a copy of the order describing the open or closed area on request.(d)  The department shall conspicuously outline the classifications of areas for the taking of molluscan shellfish on maps and shall furnish the maps without charge on request.  The failure of a person to obtain that information does not relieve that person from liability under this chapter.|Added by Acts 1993, 73rd Leg., ch. 336, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1111, eff. April 2, 2015.|
TX Health & Safety Code § 436.102 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 436 - Aquatic Life|Subchapter H. Molluscan Shellfish|Section 436.102. Depuration

Sec. 436.102.  DEPURATION.  (a)  The department may allow depuration by artificial means of molluscan shellfish taken from a restricted or conditionally restricted area, subject to department rules and under the supervision the department considers necessary to protect public health.(b)  A molluscan shellfish plant operator may employ an off-duty peace officer to monitor the gathering of shellfish for depuration from a restricted or conditionally restricted area as provided by the rules adopted under Subsection (a).  In this subsection, "peace officer" includes those persons listed in Article 2.12, Code of Criminal Procedure.|Added by Acts 1993, 73rd Leg., ch. 336, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1112, eff. April 2, 2015.|
TX Health & Safety Code § 436.105 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 436 - Aquatic Life|Subchapter H. Molluscan Shellfish|Section 436.105. Temperature Requirements

Sec. 436.105.  TEMPERATURE REQUIREMENTS.  Following initial refrigeration after unloading from a harvest boat, molluscan shellfish shall be refrigerated in air temperatures at or below 45 degrees Fahrenheit at all times except during transfer from one storage area or transportation vehicle to another.  Except for an immediate transfer, molluscan shellfish may not remain unrefrigerated during transfer from one storage area or transportation vehicle to another.|Added by Acts 1999, 76th Leg., ch. 1298, Sec. 3, eff. June 18, 1999.|
TX Health & Safety Code § 436.106 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 436 - Aquatic Life|Subchapter H. Molluscan Shellfish|Section 436.106. Temperature Abuse

Sec. 436.106.  TEMPERATURE ABUSE.  If temperature abuse of oysters associated with possible Vibrio parahaemolyticus illnesses is identified at any point in the market chain from harvest to consumer, the department may not designate a harvest area as a closed area if the temperature abuse is the probable cause of the illness.  This section does not preclude closures for investigations conducted in accordance with the National Shellfish Sanitation Program that are necessary to protect public health.  If a harvest area has been designated as a closed area because the investigation could not be completed within the time required in the National Shellfish Sanitation Program and temperature abuse is determined, as a result of the investigation, to be the probable cause of the illnesses, the harvest area must be immediately designated as an open area.|Added by Acts 1999, 76th Leg., ch. 1298, Sec. 3, eff. June 18, 1999.|
TX Health & Safety Code § 436.107 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 436 - Aquatic Life|Subchapter H. Molluscan Shellfish|Section 436.107. Texas Oyster Council

Sec. 436.107.  TEXAS OYSTER COUNCIL.  (a)  The Texas Oyster Council is created.(b)  The council is composed of:(1)  two members appointed by the executive commissioner as nominated by the Texas Oyster Growers and Dealers Association or a successor organization;(2)  one member appointed by the executive commissioner as nominated by the Coastal Oyster Leaseholder's Association;(3)  two members appointed by the executive commissioner from a list of oyster dealers who have held a shellfish certificate in this state for not less than six months of each of the three years preceding the nomination and who are certified at the time of appointment;(4)  one representative appointed by the chairman of the Interstate Shellfish Sanitation Conference; and(5)  three consumer members, including one person professionally licensed or with work experience in the field of environmental survey, environmental sanitation, environmental engineering, or a similar field related to environmental or pollution conditions and their effect on molluscan shellfish harvest areas, appointed by the speaker of the house of representatives.(c)  Members of the Texas Oyster Council serve one-year terms expiring August 31 of each year and may be reappointed at the end of a term.(d)  A member of the Texas Oyster Council may not receive compensation for service on the council, but is entitled to reimbursement of expenses incurred by the member while conducting the business of the council, as provided by the General Appropriations Act.(e)  A person is not eligible for appointment as a consumer member of the Texas Oyster Council if the person or the person's spouse:(1)  is a harvester, processor, or wholesaler regulated under this chapter;(2)  is employed by a harvester, processor, or wholesaler regulated under this chapter;(3)  is a retailer of molluscan shellfish;  or(4)  is employed by a retailer of molluscan shellfish.(f)  The Texas Oyster Council shall elect a presiding officer from among its members.|Added by Acts 1999, 76th Leg., ch. 1298, Sec. 3, eff. June 18, 1999.  Amended by Acts 2001, 77th Leg., ch. 28, Sec. 2, eff. Sept. 1, 2001.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1113, eff. April 2, 2015.|
TX Health & Safety Code § 436.111 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 436 - Aquatic Life|Subchapter I. General Administrative Provisions and Rulemaking Authority|Section 436.111. Definitions

Sec. 436.111.  DEFINITIONS.  In this subchapter:(1)  "Certificate" means a shellfish certificate issued by the department.(2)  "License" means a crabmeat processing license issued by the department.|Added by Acts 1993, 73rd Leg., ch. 336, Sec. 1, eff. Sept. 1, 1993.|
TX Health & Safety Code § 436.112 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 436 - Aquatic Life|Subchapter I. General Administrative Provisions and Rulemaking Authority|Section 436.112. Rulemaking Authority

Sec. 436.112.  RULEMAKING AUTHORITY.  The executive commissioner may adopt rules for the enforcement of this chapter.  The executive commissioner shall adopt rules establishing specifications for molluscan shellfish processing and crabmeat processing, and the department shall furnish without charge printed copies of the rules on request.|Added by Acts 1993, 73rd Leg., ch. 336, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1115, eff. April 2, 2015.|
TX Health & Safety Code § 436.113 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 436 - Aquatic Life|Subchapter I. General Administrative Provisions and Rulemaking Authority|Section 436.113. Certification and Licensing Procedures

Sec. 436.113.  CERTIFICATION AND LICENSING PROCEDURES.  (a)  A person may not operate as a molluscan shellfish or crabmeat processor unless the person submits an application for a certificate or a license to the department according to department rules and receives a certificate or license for each plant or place of business.(b)  When an application has been properly filed with the department, the department shall inspect the property identified in the application, including buildings and equipment, and the operating procedures under which the product is processed.(c)  The department shall issue a certificate or license to a person who operates a plant or place of business that conforms to the requirements of this chapter and department rules.(d)  A certificate is nontransferrable and expires at 11:59 p.m. on August 31 of the second year of issuance.(e)  A license is nontransferrable and expires at 11:59 p.m. on the last day of February of the second year of issuance.(f)  A person shall apply for a new certificate or license each year for each plant or place of business.|Added by Acts 1993, 73rd Leg., ch. 336, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1116, eff. April 2, 2015.|
TX Health & Safety Code § 436.114 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 436 - Aquatic Life|Subchapter I. General Administrative Provisions and Rulemaking Authority|Section 436.114. Refusal to Certify or License; Suspension or Revocation of Certificate or License

Sec. 436.114.  REFUSAL TO CERTIFY OR LICENSE;  SUSPENSION OR REVOCATION OF CERTIFICATE OR LICENSE.  (a)  After notice to the applicant and opportunity for a hearing, the department may refuse an application for a certificate or a license or may suspend or revoke a certificate or license.(b)  The executive commissioner by rule shall establish minimum standards for a certificate or license and criteria for the refusal to issue a certificate or license and the suspension or revocation of a certificate or license.|Added by Acts 1993, 73rd Leg., ch. 336, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1117, eff. April 2, 2015.|
TX Health & Safety Code § 436.115 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 436 - Aquatic Life|Subchapter I. General Administrative Provisions and Rulemaking Authority|Section 436.115. Hearings and Appeals

Sec. 436.115.  HEARINGS AND APPEALS.  (a)  A hearing under this chapter is governed by the procedures for a contested case hearing under Chapter 2001, Government Code, and the department's formal hearing rules.(b)  An appeal from a final administrative decision under this chapter shall be conducted under Chapter 2001, Government Code.|Added by Acts 1993, 73rd Leg., ch. 336, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1118, eff. April 2, 2015.|
TX Health & Safety Code § 438.001 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 438 - Public Health Measures Relating to Food|Subchapter A. Unpackaged Foods|Section 438.001. Definitions

Sec. 438.001.  DEFINITIONS.  In this subchapter:(1)  "Gravity feed type container" means a self-service container in which food is dispensed by operating a mechanism that permits the food to drop into a receptacle.(2)  "Scoop utensil type container" means a self-service container from which food is dispensed by using a utensil provided with the container.(3)  "Unpackaged food" means food that is:(A)  not in individual packaging or wrapping; (B)  offered for sale by a retail food store;  and(C)  sold in bulk from a container that permits a customer to dispense the food directly into a receptacle.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 438.002 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 438 - Public Health Measures Relating to Food|Subchapter A. Unpackaged Foods|Section 438.002. Exemptions

Sec. 438.002.  EXEMPTIONS.  This subchapter does not apply to:(1)  a beverage; (2)  fresh fruit or vegetables; (3)  food that is intended to be shelled or cooked before consumption;  or(4)  food, such as milk products, eggs, meat, poultry, fish, or shellfish, that is capable of supporting rapid and progressive growth of infectious or toxic microorganisms.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 438.003 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 438 - Public Health Measures Relating to Food|Subchapter A. Unpackaged Foods|Section 438.003. Sale From Self-Service Containers

Sec. 438.003.  SALE FROM SELF-SERVICE CONTAINERS.  (a)  A person may sell unpackaged food that is displayed and sold in bulk from a self-service container if:(1)  the self-service container has a tight-fitting lid that is securely attached to the container;  and(2)  the container, lid, and any utensil are constructed of nontoxic materials that provide for easy cleaning and proper repair.(b)  The lid of a gravity feed type container shall be kept closed except when the container is being serviced or refilled.(c)  The lid of a scoop utensil type container shall be kept closed except during customer service.  The container must have a utensil, equipped with a handle, to be used in dispensing the food.(d)  The seller shall:(1)  keep the container, lid, and any utensil sanitary to prevent spoilage and insect infestation;  and(2)  post in the immediate display area a conspicuous sign that instructs the customer on the proper procedure for dispensing the food.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 438.004 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 438 - Public Health Measures Relating to Food|Subchapter A. Unpackaged Foods|Section 438.004. Stricter Rules

Sec. 438.004.  STRICTER RULES.  (a)  The executive commissioner by rule may establish requirements stricter than the requirements prescribed by Section 438.003 for the display and sale of unpackaged foods if the transmission of a disease infestation or contamination is directly related to a method of displaying and selling unpackaged food authorized by this subchapter.(b)  The stricter requirement must be:(1)  adopted according to laboratory evidence supporting the specific relationship between the disease infestation or contamination and the method of dispensing the unpackaged food;  and(2)  applied uniformly to all nonexempted food sources and dispensing methods.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1130, eff. April 2, 2015.|
TX Health & Safety Code § 438.005 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 438 - Public Health Measures Relating to Food|Subchapter A. Unpackaged Foods|Section 438.005. Sale of Unpackaged Food; Criminal Penalty

Sec. 438.005.  SALE OF UNPACKAGED FOOD;  CRIMINAL PENALTY.  (a)  A person commits an offense if the person knowingly or intentionally sells unpackaged food in a manner that does not comply with Section 438.003 or a rule adopted under Section 438.004.(b)  An offense under this section is a Class C misdemeanor.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 438.006 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 438 - Public Health Measures Relating to Food|Subchapter A. Unpackaged Foods|Section 438.006. Effect on Other Laws

Sec. 438.006.  EFFECT ON OTHER LAWS.  (a)  This subchapter supersedes an ordinance or rule adopted by a political subdivision to regulate the method of dispensing unpackaged food.(b)  This subchapter does not affect an ordinance or rule adopted and enforced by a political subdivision to require the maintenance of sanitary conditions in the sale of unpackaged food dispensed in a manner authorized by this subchapter.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 438.011 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 438 - Public Health Measures Relating to Food|Subchapter B. Cleaning and Sterilization of Food Service Items|Section 438.011. Definitions

Sec. 438.011.  DEFINITIONS.  In this subchapter:(1)  "Dish" includes a vessel of any shape or size, made of any type of material, commonly used in eating or drinking.(2)  "Food factory" includes a place in which, as a business, food is manufactured or prepared for human consumption.(3)  "Receptacle" includes a vessel, tray, pot, pan, or other article used for holding food.(4)  "Utensil" includes a vessel or article of any shape or size, made of any material, commonly used in preparing, holding, storing, transporting, serving, or eating food.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 438.012 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 438 - Public Health Measures Relating to Food|Subchapter B. Cleaning and Sterilization of Food Service Items|Section 438.012. Use of Unclean Dishes

Sec. 438.012.  USE OF UNCLEAN DISHES.  A person who operates or manages a food factory may not use or keep for use a dish or utensil or a food-grinding machine or implement that after its previous use has not been cleaned in the manner required by Section 438.013(a).|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 438.013 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle A - Food and Drug Health Regulations|Chapter 438 - Public Health Measures Relating to Food|Subchapter B. Cleaning and Sterilization of Food Service Items|Section 438.013. Cleaning Dishes, Receptacles, and Utensils

Sec. 438.013.  CLEANING DISHES, RECEPTACLES, AND UTENSILS.  (a)  A person who operates or manages a hotel, cafe, restaurant, dining car, drugstore, soda fountain, meat market, bakery, confectionery, liquor dispensary, or other establishment where food or drink is served to the public may not furnish to a person a dish, receptacle, or utensil that after its previous use has not been washed in warm water containing soap or alkali cleanser until the item is clean to the sight and touch.(b)  A dish or utensil that has been cleaned or polished with a poisonous substance may not be offered for use to a person or used in the manufacturing of food unless all traces of the poisonous substance have been removed from the dish or utensil.(c)  In this section, "liquor dispensary" means a place where malt beverages, wine, or any other alcoholic beverage is stored, prepared, labeled, bottled, served, or handled.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.Amended by: Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 393, eff. September 1, 2021.|