reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 437 - Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors › Section 437.0073. Medallion for Mobile Food Units in Certain Populous Municipalities

Sec. 437.0073.  MEDALLION FOR MOBILE FOOD UNITS IN CERTAIN POPULOUS MUNICIPALITIES.  (a)  This section applies only to a municipality with a population of 1.5 million or more.
(b)  Any person desiring to operate one or more mobile food units in a municipality subject to this section other than restricted operations mobile food units shall obtain an individual medallion for each operating mobile food unit from the health officer of the municipality.  Each medallion will be issued unit-by-unit only after an inspection reveals satisfactory compliance with the provisions of this chapter and applicable municipal regulations or ordinances relating to mobile food units. The medallions shall remain the property of the municipality.
(c)  A person may not operate or cause to be operated any mobile food unit that does not possess a valid medallion issued by the health officer.
(d)  A medallion shall be affixed by the health officer or the health officer's authorized agents on the mobile food unit in a conspicuous place where it can be viewed by patrons.
(e)  Application for a medallion shall be made on forms provided by the health officer and must include:
(1)  the applicant's full name and mailing address;
(2)  the address of the location at which the mobile food unit is stationed when not in use;
(3)  the business name and address of the commissary or other fixed food service establishment from which potentially hazardous food supplies are obtained;
(4)  the address of the servicing area;
(5)  a description of the mobile food unit that includes the manufacturer's make, model, and serial number;
(6)  the vehicle's state registration number; and
(7)  the signature of the applicant.
(f)  All of the provisions of this chapter and applicable municipal regulations or ordinances pertaining to food service establishments apply to the commissary or other fixed food service establishment from which the food supplies are obtained. Any suspension or revocation of the food dealer's permit for a food service establishment is cause for suspension or revocation of the medallion of any mobile food unit that is supplied or serviced by the establishment.
Added by Acts 2009, 81st Leg., R.S., Ch. 403 (H.B. 1802), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 437 - Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors › Section 437.0074. Mobile Food Units in Certain Populous Counties

Sec. 437.0074.  MOBILE FOOD UNITS IN CERTAIN POPULOUS COUNTIES.  (a)  A county with a population of at least 2.8 million, or a municipality or public health district in the county, shall require a mobile food unit to:
(1)  return to the food service establishment or commissary from which the unit operates within the 24-hour period preceding operation of the mobile food unit to have cleaning and other services performed on the unit; and
(2)  obtain, on completion of an inspection following servicing, written documentation that the mobile food unit has been serviced daily as required by Subdivision (1).
(b)  A county, municipality, or public health district that has installed an electronic tagging system shall register and record confirmation that the unit has been serviced as required by Subsection (a)(1).
(c)  A municipality with a population of 1.5 million or more in a county with a population of 2.8 million or more shall require a mobile food unit, other than a mobile food unit that handles only prepackaged food and does not prepare or package food, to obtain a time and date stamp on the documentation required under Subsection (a)(2) from a time and date stamp unit that is constructed to prevent tampering and approved by the municipality's governing body.  A record kept by the municipality regarding the time and date stamp on the documentation under Subsection (a)(2) by means of an electronic tagging system under Subsection (b) controls if that record is inconsistent with the record kept by the mobile food unit.
Added by Acts 2007, 80th Leg., R.S., Ch. 1276 (H.B. 3672), Sec. 1, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 403 (H.B. 1802), Sec. 2, eff. January 1, 2010.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 437 - Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors › Section 437.0075. Food Managers in Certain Populous Counties

Sec. 437.0075.  FOOD MANAGERS IN CERTAIN POPULOUS COUNTIES.  (a)  A county with a population of at least four million may require a certified or trained food manager to be on duty during the operating hours of a food establishment.
(b)  The training required of food managers can be no more extensive than that specified under Subchapter D, Chapter 438.
(c)  A food establishment that handles only prepackaged food and does not prepare or package food may not be required to have a certified food manager under this section.
Added by Acts 1999, 76th Leg., ch. 1378, Sec. 7, eff. June 19, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 911 (S.B. 1158), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 437 - Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors › Section 437.0076. Certified Food Manager

Sec. 437.0076.  CERTIFIED FOOD MANAGER.  (a)  A county or public health district may require each fixed or mobile location retail establishment in which food is prepared on-site for sale to the public that holds a permit issued by the county or public health district to employ a food manager certified under Subchapter G, Chapter 438.
(b)  The executive commissioner may require each fixed or mobile location retail establishment in which food is prepared on-site for sale to the public that is required to be operated under a permit under Section 437.0055 to employ a food manager certified under Subchapter G, Chapter 438.
(c)  An establishment that handles only prepackaged food and does not prepare or package food may not be required to have a certified food manager under this section.
(d)  The executive commissioner by rule may exempt establishments other than the establishments described by Subsection (c) from the requirement imposed under this section if the executive commissioner determines that the application of the requirement to those establishments is not necessary to protect public health and safety.
(e)  A county or public health district may exempt establishments other than the establishments exempt under Subsections (c) and (d) from the requirement imposed by the county or public health district under this section if the county or public health district determines that the application of the requirement to those establishments is not necessary to protect public health and safety.
(f)  A child-care facility, as that term is defined by Section 42.002, Human Resources Code, is exempt from the requirements imposed under this section.
Added by Acts 2001, 77th Leg., ch. 317, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1123, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 437 - Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors › Section 437.008. Permit Renewal

Sec. 437.008.  PERMIT RENEWAL.  A county or public health district may require the annual renewal of a permit.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 437 - Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors › Section 437.009. Inspections; Inspection Following Adoption of Certain Local Orders; Prohibited Disciplinary Action

Sec. 437.009.  INSPECTIONS; INSPECTION FOLLOWING ADOPTION OF CERTAIN LOCAL ORDERS; PROHIBITED DISCIPLINARY ACTION.  (a)  Authorized agents or employees of the department, a county, or a public health district may enter the premises of a food service establishment, retail food store, mobile food unit, roadside food vendor, or temporary food service establishment under the department's, county's, or district's jurisdiction during normal operating hours to conduct inspections to determine compliance with:
(1)  state law, including a requirement to hold and display written authorization under Section 437.021;
(2)  rules adopted under state law; and
(3)  orders adopted by the department, county, or district.
(b)  A municipality or public health district of which the municipality is a member may not conduct an inspection to determine compliance with an ordinance the municipality adopts that differs from state law or department rules or orders before the 60th day following the date the municipality or district submits a copy of the ordinance to the department for inclusion in the registry established under Section 437.0091.
(c)  Notwithstanding any other law, the department, a county, a municipality, or a public health district, including an authorized agent or employee, that conducts an inspection authorized under this section may not take disciplinary action against or otherwise penalize a food service establishment, retail food store, mobile food unit, roadside food vendor, or temporary food service establishment for failing to adhere to easily cleanable surface requirements for wall and ceiling surfaces, decorative items, or attachments in a consumer area, provided the surfaces, items, or attachments are kept clean.  For purposes of this subsection, a consumer area includes a dining room, outdoor dining area, or bar seating area in which customers consume food but does not include a table, bar top, or other similar surface where food is regularly prepared or consumed.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1999, 76th Leg., ch. 448, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1402 (H.B. 3138), Sec. 1, eff. June 15, 2007.
Acts 2023, 88th Leg., R.S., Ch. 245 (S.B. 577), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 437 - Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors › Section 437.0091. Municipal Ordinance Registry

Sec. 437.0091.  MUNICIPAL ORDINANCE REGISTRY.  The department shall establish and maintain on the department's Internet website a registry for municipal ordinances submitted under Section 437.009(b) and post in the registry each submitted ordinance not later than the 10th day after the date the department receives the ordinance.
Added by Acts 2023, 88th Leg., R.S., Ch. 245 (S.B. 577), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 437 - Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors › Section 437.0095. Detention

Sec. 437.0095.  DETENTION.  The commissioner or an authorized agent may detain an article of food that is located on the premises of a food service establishment, retail food store, mobile food unit, roadside food vendor, or temporary food service establishment and is adulterated or misbranded under Chapter 431.
Added by Acts 1999, 76th Leg., ch. 448, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 437 - Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors › Section 437.010. Submission of Plans and Subsequent Inspection

Sec. 437.010.  SUBMISSION OF PLANS AND SUBSEQUENT INSPECTION.  (a)  Before issuing a permit, a county or public health district may require an applicant to provide plans of the food preparation, storage, and sales areas to determine if the applicant is in compliance with state law and rules adopted under state law governing the applicant.
(b)  The county or public health district may deny the permit after initial inspection only if the applicant is not in compliance with the plans approved by the county or district.
(c)  If the county or public health district finds on inspection that an applicant is not in compliance with state law and rules adopted under state law, the county or public health district may reinspect the applicant at a later date to determine if the applicant is in compliance.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 437 - Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors › Section 437.011. Inspection of Existing Entities on Adoption of Order

Sec. 437.011.  INSPECTION OF EXISTING ENTITIES ON ADOPTION OF ORDER.  (a)  When a county or public health district requires a permit, the county or district shall make an initial inspection of the facilities of any existing entity applying for the permit.
(b)  An existing entity is entitled to continue to operate pending its initial inspection.
(c)  If the county or public health district determines on inspection that an entity does not meet the standards established by state law or rules adopted under state law, the county or district may start revocation proceedings as if the entity had obtained a permit.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 437 - Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors › Section 437.012. County and Public Health District Fees

Sec. 437.012.  COUNTY AND PUBLIC HEALTH DISTRICT FEES.  (a)  A county or public health district may require the payment of a fee for issuing or renewing a permit.
(b)  The fee charged by a county or public health district for issuing or renewing a permit may not exceed the amount necessary to recover the county's or district's cost under Subsection (d).
(c)  Fees collected by a county under this chapter shall be deposited to the credit of a special fund of the county.  Fees collected by a public health district under this chapter shall be deposited to the credit of a special fund created by the cooperative agreement under which the district operates.
(d)  Fees deposited as provided by this section may be spent only for conducting inspections required by this chapter and issuing permits.
(e)  This section does not apply to a county or public health district covered by Section 437.0123.
(f)  A county or public health district may, by rule or order, adopt a variable scale to determine the fee charged for a permit under this section.  In adopting a rule or order under this subsection, the county or public health district may consider:
(1)  the size of the food service establishment, retail food store, mobile food unit, or roadside food vendor;
(2)  the number of people employed at the food service establishment, retail food store, mobile food unit, or roadside food vendor;  and
(3)  the gross sales of the food service establishment, retail food store, mobile food unit, or roadside food vendor.
(g)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 458 (H.B. 2755), Sec. 4(1), eff. September 1, 2019.
(h)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 458 (H.B. 2755), Sec. 4(1), eff. September 1, 2019.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 617, Sec. 3, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 156, Sec. 2, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 72, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 458 (H.B. 2755), Sec. 1, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 458 (H.B. 2755), Sec. 4(1), eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 437 - Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors › Section 437.0123. County and Public Health District Fees in Certain Populous Counties

Sec. 437.0123.  COUNTY AND PUBLIC HEALTH DISTRICT FEES IN CERTAIN POPULOUS COUNTIES.  (a)  A county that has a population of at least 2.8 million or a public health district at least part of which is in a county that has a population of at least 2.8 million may require the payment of a fee for issuing or renewing a permit or for performing an inspection to enforce this chapter or a rule adopted under this chapter.  A county with a population of at least 2.8 million may require a trained food manager to be on duty during each day of operation of a food service establishment.  The training required of food managers can be no more extensive than the training offered by an education or training program accredited under Subchapter D, Chapter 438.  A food service establishment that handles only prepackaged food and does not prepare or package food may not be required to have a certified food manager under this section.
(b)  A county or public health district that requires payment of a fee under Subsection (a) shall set the fee in an amount that does not exceed the amount necessary to recover the annual expenditures by the county or district for:
(1)  reviewing and acting on a permit;
(2)  amending and renewing a permit;
(3)  inspecting a facility as provided by this chapter and rules adopted under this chapter; and
(4)  otherwise administering this chapter and rules adopted under this chapter.
(c)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 458 (H.B. 2755), Sec. 4(2), eff. September 1, 2019.
(d)  Fees collected by a county under this chapter shall be deposited to the credit of a special fund of the county.  Fees collected by a public health district under this chapter shall be deposited to the credit of a special fund created by the cooperative agreement under which the district operates.
(e)  Fees deposited as provided by this section may be spent only for a purpose described by Subsection (b).
Added by Acts 1997, 75th Leg., ch. 156, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 480, Sec. 1, eff. Aug. 30, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1124, eff. April 2, 2015.
Acts 2019, 86th Leg., R.S., Ch. 458 (H.B. 2755), Sec. 2, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 458 (H.B. 2755), Sec. 4(2), eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 437 - Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors › Section 437.01235. Fees for Premises With Alcoholic Beverage Permit or License

Sec. 437.01235.  FEES FOR PREMISES WITH ALCOHOLIC BEVERAGE PERMIT OR LICENSE.  A county or a municipality with a public health district that charges a fee for issuance or renewal of a permit under Section 437.012 or 437.0123 for a premises located in the county or municipality and permitted or licensed by the Texas Alcoholic Beverage Commission may not also charge a fee under Section 11.38 or 61.36, Alcoholic Beverage Code, for issuance of an alcoholic beverage permit or license for the premises.
Added by Acts 2023, 88th Leg., R.S., Ch. 245 (S.B. 577), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 437 - Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors › Section 437.0124. County and Public Health District Fee Schedule

Sec. 437.0124.  COUNTY AND PUBLIC HEALTH DISTRICT FEE SCHEDULE.  A county or public health district shall establish a fee schedule for any fees collected under this chapter and revise the fee schedule as necessary.
Added by Acts 2019, 86th Leg., R.S., Ch. 458 (H.B. 2755), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 437 - Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors › Section 437.0125. Department Fees

Sec. 437.0125.  DEPARTMENT FEES.  (a)  The department shall collect fees for:
(1)  filing, renewing, or amending a permit;  and
(2)  an inspection performed to enforce this chapter or a rule adopted under this chapter.
(b)  The department may charge fees every two years.
(c)  The executive commissioner by rule shall set the fees for issuing and renewing permits in amounts as prescribed by Section 12.0111 and other fees in amounts that allow the department to recover at least 50 percent of the expenditures by the department for:
(1)  reviewing and acting on a permit;
(2)  amending a permit;
(3)  inspecting a facility as provided by this chapter and rules adopted under this chapter; and
(4)  implementing and enforcing this chapter, including a department rule or an order adopted or a license issued by the department.
(d)  The department shall spend not less than 50 percent of the permit fees collected to inspect facilities and to enforce and administer this chapter.
(e)  All permit fees collected by the department under this chapter shall be deposited in the state treasury to the credit of the food and drug retail fee account.
Added by Acts 1993, 73rd Leg., ch. 617, Sec. 4, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1125, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 437 - Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors › Section 437.013. Audited Statement

Sec. 437.013.  AUDITED STATEMENT.  (a)  A county or public health district shall file an audited statement with the department on or before January 15 of each year.
(b)  The statement must include the receipts of funds collected under this chapter, all expenditures of funds, and fund balances.
(c)  A county or public health district that fails to timely file the statement may not require the payment of a fee for issuing or renewing a permit until the statement is filed.
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. 3.1126, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 437 - Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors › Section 437.014. Denial, Suspension, or Revocation of Permit

Sec. 437.014.  DENIAL, SUSPENSION, OR REVOCATION OF PERMIT.  (a)  A county or public health district may refuse to issue a permit or may suspend or revoke a permit if the county or district finds that the food service establishment, retail food store, mobile food unit, or roadside food vendor is not in compliance with state law, rules adopted under state law, or orders adopted by the county or district.
(b)  A permit may be denied, suspended, or revoked only after notice and an opportunity for a hearing.
(c)  A county or public health district that requires a permit to operate a food service establishment, retail food store, mobile food unit, or roadside food vendor shall adopt procedures for denying, suspending, or revoking a permit that afford due process to the applicant or permit holder.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 437 - Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors › Section 437.0145. Emergency Suspension or Closing Order

Sec. 437.0145.  EMERGENCY SUSPENSION OR CLOSING ORDER.  (a)  The department shall suspend the license of a food service establishment, retail food store, mobile food unit, roadside food vendor, or temporary food service establishment or order the immediate closing of the food service establishment, retail food store, mobile food unit, roadside food vendor, or temporary food service establishment if:
(1)  the department finds the food service establishment, retail food store, mobile food unit, roadside food vendor, or temporary food service establishment is operating in violation of the standards prescribed by this chapter;  and
(2)  the violation creates an immediate threat to the health and safety of the public.
(b)  An order suspending a license or closing a food service establishment, retail food store, mobile food unit, roadside food vendor, or temporary food service establishment under this section is immediately effective on the date on which the license holder receives written notice or a later date specified in the order.
(c)  An order suspending a license or ordering an immediate closing of a food service establishment, retail food store, mobile food unit, roadside food vendor, or temporary food service establishment is valid for 10 days after the effective date of the order.
Added by Acts 1999, 76th Leg., ch. 448, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 437 - Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors › Section 437.015. Injunction

Sec. 437.015.  INJUNCTION.  A city attorney, county attorney, or district attorney may sue in district court to enjoin a food service establishment, retail food store, mobile food unit, or roadside food vendor from operating without a permit if a permit is required.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 437 - Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors › Section 437.0155. Department Injunction

Sec. 437.0155.  DEPARTMENT INJUNCTION.  (a)  If it appears that a person has violated, is violating, or threatens to violate this chapter or a rule adopted under this chapter, the department may institute a civil suit in a district court for injunctive relief to restrain the person from continuing the violation or threat of violation.
(b)  The department may petition a district court for a temporary restraining order to immediately halt a violation or other action creating an emergency condition if it appears that:
(1)  a person is violating or threatening to violate this chapter or a rule or order adopted under this chapter;  and
(2)  the violation or threatened violation creates an immediate threat to the health and safety of the public.
(c)  On the department's request, the attorney general shall institute a suit in the name of the state for injunctive relief.
(d)  In an action for injunctive relief under this section, the court may grant any prohibitory or mandatory injunction warranted by the facts, including temporary restraining orders, temporary injunctions, and permanent injunctions.  The court shall grant injunctive relief without a bond or other undertaking by the department.
(e)  Venue for a suit brought under this section is in the county in which the violation or threat of violation is alleged to have occurred.
Added by Acts 1999, 76th Leg., ch. 448, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 437 - Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors › Section 437.016. Criminal Penalty: Violation of County and Public Health District Permit Requirements

Sec. 437.016.  CRIMINAL PENALTY:  VIOLATION OF COUNTY AND PUBLIC HEALTH DISTRICT PERMIT REQUIREMENTS.  (a)  A person commits an offense if the person operates a food service establishment, retail food store, mobile food unit, or roadside food vendor without a permit required by the county or public health district in which the entity is operating.
(b)  An offense under this section is a Class C misdemeanor.
(c)  Each day on which a violation occurs constitutes a separate offense.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 617, Sec. 5, eff. Sept. 1, 1993.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 437 - Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors › Section 437.0165. Criminal Penalty: Violation of Department Permit Requirement

Sec. 437.0165.  CRIMINAL PENALTY:  VIOLATION OF DEPARTMENT PERMIT REQUIREMENT.  (a)  A person commits an offense if the person operates a food service establishment, retail food store, mobile food unit, or temporary food service establishment without a permit that is required by the department under Section 437.0055.
(b)  An offense under this section is a Class A misdemeanor.
(c)  Each day on which a violation occurs constitutes a separate offense.
Added by Acts 1993, 73rd Leg., ch. 617, Sec. 6, eff. Jan. 1, 1994.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 437 - Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors › Section 437.017. Conflict With Alcoholic Beverage Code

Sec. 437.017.  CONFLICT WITH ALCOHOLIC BEVERAGE CODE.  The Alcoholic Beverage Code and rules adopted by the Texas Alcoholic Beverage Commission control to the extent of a conflict between this chapter or an order adopted under this chapter.
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. 3.1127, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 437 - Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors › Section 437.0185. Administrative Penalty by Public Health District or County

Sec. 437.0185.  ADMINISTRATIVE PENALTY BY PUBLIC HEALTH DISTRICT OR COUNTY.  (a)  The director of a public health district or the commissioners court of a county may impose an administrative penalty on a person the district or county requires to hold a permit under Section 437.003 or 437.004 if the person violates this chapter or a rule or order adopted under this chapter.
(b)  The amount of the penalty may not exceed $500 per day, and each day a violation continues or occurs is a separate violation for the purpose of imposing a penalty.  The amount shall be based on:
(1)  the seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation;
(2)  the history of previous violations;
(3)  the amount necessary to deter a future violation;
(4)  efforts to correct the violation; and
(5)  any other matter that justice may require.
(c)  The enforcement of the penalty may be stayed during the time the order is under judicial review if the person pays the penalty to the clerk of the court.  A person who cannot afford to pay the penalty may stay the enforcement by filing an affidavit in the manner required by the Texas Rules of Civil Procedure for a party who cannot afford to file security for costs.
(d)  Not later than the 20th day after the date the person receives notice of the penalty, the person in writing may:
(1)  accept the determination and pay the recommended penalty of the director or commissioners court;  or
(2)  make a request for a hearing on the occurrence of the violation, the amount of the penalty, or both.
(e)  The justice of the peace for the justice precinct in which the retail food store or food establishment is located or the mobile food establishment or roadside food vendor is based shall hold a hearing requested under Subsection (d).
(f)  If the court sustains the finding that a violation occurred, the court may uphold or reduce the amount of the penalty and order the person to pay the full or reduced amount of the penalty.
(g)  If the court does not sustain the finding that a violation occurred, the court shall order that a penalty is not owed.
(h)  If the person paid the penalty to the clerk of the court and if the amount of the penalty is reduced or the penalty is not upheld by the court, the court shall order, when the court's judgment becomes final, that the appropriate amount be remitted to the person.
Added by Acts 2007, 80th Leg., R.S., Ch. 1202 (H.B. 1585), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 437 - Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors › Section 437.0186. Assessment of Administrative Penalty

Sec. 437.0186.  ASSESSMENT OF ADMINISTRATIVE PENALTY.  An administrative penalty may be imposed for a violation of this chapter or a rule or order under this chapter by the state under Section 437.018 or by the director of a public health district or commissioners court of a county under Section 437.0185, but not both.
Added by Acts 2007, 80th Leg., R.S., Ch. 1202 (H.B. 1585), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 437 - Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors › Section 437.019. Exemption for Certain Bed and Breakfast Establishments

Sec. 437.019.  EXEMPTION FOR CERTAIN BED AND BREAKFAST ESTABLISHMENTS.  (a)  Except as provided by Subsection (c), a bed and breakfast establishment with seven or fewer rooms for rent that serves only breakfast to its overnight guests is not a food service establishment for purposes of this chapter.  An owner or manager of a bed and breakfast establishment covered by this subsection shall successfully complete a food manager's certification course accredited by the department.
(b)  Except as provided by Subsection (c), a bed and breakfast establishment that has more than seven rooms for rent, or that provides food service other than breakfast to its overnight guests, is a food service establishment for purposes of this chapter but may not be required to meet all criteria applicable to a larger food service establishment such as a restaurant.  The executive commissioner, commissioners court, governing body, or administrative board, as applicable, shall adopt minimum standards for a bed and breakfast establishment covered by this subsection.
(c)  A bed and breakfast establishment that provides food service other than to overnight guests is a food service establishment for purposes of this chapter and is subject to all rules and regulations applicable to a food service establishment.
Added by Acts 1995, 74th Leg., ch. 689, Sec. 1, eff. June 15, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1129, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 437 - Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors › Section 437.0191. Exemption for Cottage Food Production Operations

Sec. 437.0191.  EXEMPTION FOR COTTAGE FOOD PRODUCTION OPERATIONS.  (a)  A cottage food production operation is not a food service establishment for purposes of this chapter.
(b)  The exemption provided by Subsection (a) does not affect the application of Sections 431.045, 431.0495, and 431.247 authorizing the department or other local health authority to act to prevent an immediate and serious threat to human life or health.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1317 (S.B. 81), Sec. 6, eff. September 1, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 653 (H.B. 970), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 437 - Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors › Section 437.0192. Regulation of Cottage Food Production Operations by Local Government Authorities Prohibited; Complaints

Sec. 437.0192.  REGULATION OF COTTAGE FOOD PRODUCTION OPERATIONS BY LOCAL GOVERNMENT AUTHORITIES PROHIBITED; COMPLAINTS.  (a)  A local government authority, including a local health department, may not regulate the production of food at a cottage food production operation.
(b)  Each local health department and the department shall maintain a record of a complaint made by a person against a cottage food production operation.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1317 (S.B. 81), Sec. 6, eff. September 1, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 653 (H.B. 970), Sec. 3, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 653 (H.B. 970), Sec. 4, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 437 - Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors › Section 437.0193. Packaging and Labeling Requirements for Cottage Food Production Operations

Sec. 437.0193.  PACKAGING AND LABELING REQUIREMENTS FOR COTTAGE FOOD PRODUCTION OPERATIONS.  (a)  Food described by Section 437.001(2-b)(A) sold by a cottage food production operation must be packaged in a manner that prevents product contamination, except that a food item is not required to be packaged if it is too large or bulky for conventional packaging.
(b) The executive commissioner shall adopt rules requiring a cottage food production operation to label all of the foods described in Section 437.001(2-b)(A) that the operation sells to consumers.  The label must include:
(1)  the name and address of the cottage food production operation; and
(2)  a statement that the food is not inspected by the department or a local health department.
(c)  For foods not required to be packaged under Subsection (a), the information required to be included on the label under Subsection (b) must be provided to the consumer on an invoice or receipt.
(d)  A cottage food production operation that sells frozen raw and uncut fruit or vegetables must include on the label of the frozen fruit or vegetables or on an invoice or receipt provided with the frozen fruit or vegetables when sold the following statement in at least 12-point font:  "SAFE HANDLING INSTRUCTIONS: To prevent illness from bacteria, keep this food frozen until preparing for consumption."
Added by Acts 2011, 82nd Leg., R.S., Ch. 1317 (S.B. 81), Sec. 6, eff. September 1, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 653 (H.B. 970), Sec. 5, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 590 (S.B. 572), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 437 - Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors › Section 437.0194. Certain Sales by Cottage Food Production Operations Prohibited or Restricted

Sec. 437.0194.  CERTAIN SALES BY COTTAGE FOOD PRODUCTION OPERATIONS PROHIBITED OR RESTRICTED.  (a) A cottage food production operation may not sell any of the foods described in Section 437.001(2-b)(A) at wholesale.
(b)  A cottage food production operation may sell a food described by Section 437.001(2-b)(A) in this state through the Internet or by mail order only if:
(1)  the consumer purchases the food through the Internet or by mail order from the operation and the operator personally delivers the food to the consumer; and
(2)  subject to Subsection (c), before the operator accepts payment for the food, the operator provides all labeling information required by Section 437.0193(d) and department rules to the consumer by:
(A)  posting a legible statement on the operation's Internet website;
(B)  publishing the information in a catalog; or
(C)  otherwise communicating the information to the consumer.
(c)  The operator of a cottage food production operation that sells a food described by Section 437.001(2-b)(A) in this state in the manner described by Subsection (b):
(1)  is not required to include the address of the operation in the labeling information required under Subsection (b)(2) before the operator accepts payment for the food; and
(2)  shall provide the address of the operation on the label of the food in the manner required by Section 437.0193(b) after the operator accepts payment for the food.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1317 (S.B. 81), Sec. 6, eff. September 1, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 653 (H.B. 970), Sec. 5, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 590 (S.B. 572), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 437 - Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors › Section 437.0195. Production of Cottage Food Products

Sec. 437.0195.  PRODUCTION OF COTTAGE FOOD PRODUCTS.  (a) An individual who operates a cottage food production operation must have successfully completed a basic food safety education or training program for food handlers accredited under Subchapter D, Chapter 438.
(b)  An individual may not process, prepare, package, or handle cottage food products unless the individual:
(1)  meets the requirements of Subsection (a);
(2)  is directly supervised by an individual described by Subsection (a); or
(3)  is a member of the household in which the cottage food products are produced.
Added by Acts 2013, 83rd Leg., R.S., Ch. 653 (H.B. 970), Sec. 6, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 437 - Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors › Section 437.01952. Requirements for Sale of Frozen Fruit or Vegetables

Sec. 437.01952.  REQUIREMENTS FOR SALE OF FROZEN FRUIT OR VEGETABLES.  A cottage food production operation that sells to consumers frozen raw and uncut fruit or vegetables shall:
(1)  store and deliver the frozen fruit or vegetables at an air temperature of not more than 32 degrees Fahrenheit; and
(2)  label the fruit or vegetables in accordance with Section 437.0193(d).
Added by Acts 2019, 86th Leg., R.S., Ch. 590 (S.B. 572), Sec. 4, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 437 - Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors › Section 437.0196. Time and Temperature Control for Safety Food; Prohibition for Cottage Food Production Operations; Exception

Sec. 437.0196.  TIME AND TEMPERATURE CONTROL FOR SAFETY FOOD; PROHIBITION FOR COTTAGE FOOD PRODUCTION OPERATIONS; EXCEPTION.  (a)  In this section, "time and temperature control for safety food" means a food that requires time and temperature control for safety to limit pathogen growth or toxin production.  The term includes a food that must be held under proper temperature controls, such as refrigeration, to prevent the growth of bacteria that may cause human illness.  A time and temperature control for safety food may include a food that contains protein and moisture and is neutral or slightly acidic, such as meat, poultry, fish, and shellfish products, pasteurized and unpasteurized milk and dairy products, raw seed sprouts, baked goods that require refrigeration, including cream or custard pies or cakes, and ice products.  The term does not include a food that uses time and temperature control for safety food as ingredients if the final food product does not require time or temperature control for safety to limit pathogen growth or toxin production.
(b)  Except as otherwise provided by this chapter, a cottage food production operation may not sell to consumers time and temperature control for safety foods.
Added by Acts 2013, 83rd Leg., R.S., Ch. 653 (H.B. 970), Sec. 6, eff. September 1, 2013.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 590 (S.B. 572), Sec. 5, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 437 - Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors › Section 437.0197. Exemption for Small Honey Production Operation

Sec. 437.0197.  EXEMPTION FOR SMALL HONEY PRODUCTION OPERATION.  A small honey production operation is not a food service establishment for purposes of this chapter.
Added by Acts 2015, 84th Leg., R.S., Ch. 265 (S.B. 1766), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle A - Food and Drug Health Regulations › Chapter 437 - Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors › Section 437.0198. Regulation of Small Honey Production Operation Prohibited

Sec. 437.0198.  REGULATION OF SMALL HONEY PRODUCTION OPERATION PROHIBITED.  A local government authority, including a local health department, may not regulate the production of honey or honeycomb at a small honey production operation.
Added by Acts 2015, 84th Leg., R.S., Ch. 265 (S.B. 1766), Sec. 2, eff. September 1, 2015.