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 437.0199. Labeling Requirements for Small Honey Production Operation

Sec. 437.0199.  LABELING REQUIREMENTS FOR SMALL HONEY PRODUCTION OPERATION.  Honey or honeycomb sold or distributed by a small honey production operation must be labeled in accordance with Subchapter E, Chapter 131, Agriculture Code.  The label must include:
(1)  the net weight of the honey expressed in both the avoirdupois and metric systems;
(2)  the beekeeper's name and address; and
(3)  the statement "Bottled or packaged in a facility not inspected by the Texas Department of State Health Services."
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 437.0201. Regulation of Food at Farmers' Markets Under Temporary Food Establishment Permits

Sec. 437.0201.  REGULATION OF FOOD AT FARMERS' MARKETS UNDER TEMPORARY FOOD ESTABLISHMENT PERMITS.  (a)  In this section, "farmers' market" and "food" have the meanings assigned by Section 437.020.
(b)  The department or a local health department may issue a temporary food establishment permit to a person who sells food at a farmers' market, subject to Section 437.0065.
(c)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 339 (S.B. 932), Sec. 4, eff. September 1, 2019.
(d)  This section does not apply to a farmers' market in a county:
(1)  that has a population of less than 50,000; and
(2)  over which no local health department has jurisdiction.
(e)  The executive commissioner, a state enforcement agency, or a local government authority, including a local health department, may not adopt a rule requiring a farmers' market to pay a permit fee for:
(1)  conducting a cooking demonstration if the demonstration is conducted for a bona fide educational purpose; or
(2)  providing samples of food.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1317 (S.B. 81), Sec. 7, eff. September 1, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1275 (H.B. 1382), Sec. 3, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 339 (S.B. 932), Sec. 3, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 339 (S.B. 932), Sec. 4, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 373 (H.B. 1694), 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 437.0202. Temperature Requirements for Food at Farmers' Markets

Sec. 437.0202.  TEMPERATURE REQUIREMENTS FOR FOOD AT FARMERS' MARKETS.  (a)  In this section, "farmers' market" and "food" have the meanings assigned by Section 437.020.
(b)  The executive commissioner by rule may adopt temperature requirements for food sold at, prepared on-site at, or transported to or from a farmers' market under Section 437.020, 437.0201, or 437.0203.  Food prepared on-site at a farmers' market may be sold or distributed at the farmers' market only if the food is prepared in compliance with the temperature requirements adopted under this section.
(c)  Except as provided by Subsection (d), the executive commissioner or a state or local enforcement agency may not mandate a specific method for complying with the temperature control requirements adopted under Subsection (b).
(d)  The municipality in which a municipally owned farmers' market is located may adopt rules specifying the method or methods that must be used to comply with the temperature control requirements adopted under Subsection (b).
(e)  This section does not apply to a farmers' market in a county:
(1)  that has a population of less than 50,000; and
(2)  over which no local health department has jurisdiction.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1317 (S.B. 81), Sec. 7, eff. September 1, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1275 (H.B. 1382), 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 437.0203. Regulation of Cooking Demonstrations at Farmers' Markets

Sec. 437.0203.  REGULATION OF COOKING DEMONSTRATIONS AT FARMERS' MARKETS.  (a) In this section, "farmers' market" and "food" have the meanings assigned by Section 437.020.
(b)  Except as provided by this section and Sections 437.020, 437.0201, and 437.0202:
(1)  this chapter does not regulate cooking demonstrations at a farmers' market; and
(2)  a rule adopted under state law may not regulate cooking demonstrations at a farmers' market.
(c)  A person may conduct a cooking demonstration at a farmers' market only if:
(1)  regardless of whether the demonstrator provides a sample of food to consumers, the farmers' market that hosts the demonstration:
(A)  has an establishment operator with a valid certification under Subchapter D, Chapter 438, supervising the demonstration; and
(B)  complies with Sections 437.020 and 437.0202, the requirements of a temporary food establishment under this chapter, and rules adopted under this chapter; and
(2)  when the demonstrator provides a sample of food to consumers:
(A)  the demonstrator provides a sample only and not a full serving; and
(B)  samples of food prepared during a demonstration are disposed of not later than two hours after the beginning of the demonstration.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1275 (H.B. 1382), Sec. 5, 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 437.021. Authority to Operate on Certain Property

Sec. 437.021.  AUTHORITY TO OPERATE ON CERTAIN PROPERTY.  A person operating a mobile food unit, roadside food vendor, or temporary food service establishment in a county with a population of more than 3.3 million shall acquire written authorization from the owner of the property on which the unit, vendor, or establishment is operating.  The written authorization must:
(1)  be notarized;
(2)  provide that the operator has the property owner's permission to operate the unit, vendor, or establishment on the property; and
(3)  be prominently displayed in the unit, vendor, or establishment in plain view of the public at all times.
Added by Acts 2007, 80th Leg., R.S., Ch. 1402 (H.B. 3138), Sec. 2, eff. June 15, 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 437.023. Service Animals

Sec. 437.023.  SERVICE ANIMALS.  (a) A food service establishment, retail food store, or other entity regulated under this chapter may not deny a service animal admittance into an area of the establishment or store or of the physical space occupied by the entity that is open to customers and is not used to prepare food if:
(1)  the service animal is accompanied and controlled by a person with a disability; or
(2)  the service animal is in training and is accompanied and controlled by an approved trainer.
(b)  If a service animal is accompanied by a person whose disability is not readily apparent, for purposes of admittance to a food service establishment, retail food store, or physical space occupied by another entity regulated under this chapter, a staff member of the establishment, store, or entity may only inquire about:
(1)  whether the service animal is required because the person has a disability; and
(2)  what type of work the service animal is trained to perform.
(c)  In this section, "service animal" means a canine that is specially trained or equipped to help a person with a disability.  An animal that provides only comfort or emotional support to a person is not a service animal under this section.  The tasks that a service animal may perform in order to help a person with a disability must be directly related to the person's disability and may include:
(1)  guiding a person who has a visual impairment;
(2)  alerting a person who has a hearing impairment or who is deaf;
(3)  pulling a wheelchair;
(4)  alerting and protecting a person who has a seizure disorder;
(5)  reminding a person who has a mental illness to take prescribed medication; and
(6)  calming a person who has post-traumatic stress disorder.
Added by Acts 2013, 83rd Leg., R.S., Ch. 838 (H.B. 489), Sec. 1, eff. January 1, 2014.
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 437.025. Requirements for Dogs in Outdoor Dining Areas; Municipal Preemption

Sec. 437.025.  REQUIREMENTS FOR DOGS IN OUTDOOR DINING AREAS; MUNICIPAL PREEMPTION.  (a)  A food service establishment may permit a customer to be accompanied by a dog in an outdoor dining area if:
(1)  the establishment posts a sign in a conspicuous location in the area stating that dogs are permitted;
(2)  the customer and dog access the area directly from the exterior of the establishment;
(3)  the dog does not enter the interior of the establishment;
(4)  the customer keeps the dog on a leash and controls the dog;
(5)  the customer does not allow the dog on a seat, table, countertop, or similar surface; and
(6)  in the area, the establishment does not:
(A)  prepare food; or
(B)  permit open food other than food that is being served to a customer.
(b)  A municipality may not adopt or enforce an ordinance, rule, or similar measure that imposes a requirement on a food service establishment for a dog in an outdoor dining area that is more stringent than the requirements described by Subsection (a).
(c)  The requirements described by Subsection (a) do not apply to a service animal, as defined by Section 437.023(c).
Added by Acts 2019, 86th Leg., R.S., Ch. 423 (S.B. 476), Sec. 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 437.026. Sale of Certain Food by Food Service Establishment

Sec. 437.026.  SALE OF CERTAIN FOOD BY FOOD SERVICE ESTABLISHMENT.  (a)  Except as provided by Subsection (b), a food service establishment that holds a permit under this chapter may sell directly to an individual consumer food, other than prepared food, that:
(1)  is labeled, which may include a handwritten label, with any information required by the department's food service establishment rules;
(2)  for a meat product or poultry product, is obtained from a source that is appropriately inspected and bears an official mark of inspection from the department or the United States Department of Agriculture; and
(3)  for food requiring refrigeration other than whole, uncut produce, is:
(A)  maintained at or below 41 degrees Fahrenheit until the establishment sells or donates the food; and
(B)  protected from contamination.
(b)  A food service establishment described by Subsection (a) may not sell directly to an individual consumer food that is:
(1)  in a package exhibiting damage; or
(2)  distressed because the food:
(A)  has been subjected to fire, flooding, excessive heat, smoke, radiation, or another environmental contamination;
(B)  is not held at the correct temperature for the food type; or
(C)  is not in good condition.
(c)  A municipality or public health district may not require a food service establishment that sells food directly to an individual consumer under this section to obtain a food manufacturer license or permit if the establishment:
(1)  complies with this section; and
(2)  is not required to hold a food manufacturer license or permit under other state law.
Added by Acts 2021, 87th Leg., R.S., Ch. 242 (H.B. 1276), Sec. 1, eff. June 4, 2021.
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 437.027. Prohibited Restrictions on Packaging, Utensils, and Straws

Text of section as added by Acts 2023, 88th Leg., R.S., Ch. 245 (S.B. 577), Sec. 1
For text of section as added by Acts 2023, 88th Leg., R.S., Ch. 1031 (S.B. 812), Sec. 2, see other Sec. 437.027.
Sec. 437.027.  PROHIBITED RESTRICTIONS ON PACKAGING, UTENSILS, AND STRAWS.  Notwithstanding any other law, the department, a county, a municipality, or a public health district may not restrict the type or quantity of packaging, utensils, or straws a food service establishment, retail food store, mobile food unit, roadside food vendor, or temporary food service establishment provides to customers.
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 437.027. Food Allergen Awareness Poster

Text of section as added by Acts 2023, 88th Leg., R.S., Ch. 1031 (S.B. 812), Sec. 2
For text of section as added by Acts 2023, 88th Leg., R.S., Ch. 245 (S.B. 577), Sec. 1, see other Sec. 437.027.
Sec. 437.027.  FOOD ALLERGEN AWARENESS POSTER.  (a)  A food service establishment shall display a poster relating to food allergen awareness in an area of the establishment regularly accessible to the establishment's food service employees. The department shall:
(1)  collaborate with individuals with expertise and knowledge regarding food allergies to determine the form and content of the poster;
(2)  post a sample poster on the department's Internet website; and
(3)  update the poster as necessary to ensure the poster contains current information about food allergens and remains consistent with standards promulgated by the United States Food and Drug Administration.
(b)  The poster must include information regarding:
(1)  the risk of an allergic reaction to a food allergen;
(2)  symptoms of an allergic reaction;
(3)  the major food allergens, as determined by federal law and regulations of the United States Food and Drug Administration;
(4)  the procedures for preventing an allergic reaction; and
(5)  appropriate responses for assisting an individual who is having an allergic reaction.
(c)  The executive commissioner shall adopt rules necessary to implement this section.
(d)  This section does not create a private cause of action or change any common law or statutory duty.
(e)  Notwithstanding any other law, a county, municipality, or public health district may not adopt or enforce an order, ordinance, rule, or other measure related to food allergens that is inconsistent with or exceeds the requirements of this section or Chapter 438.
Added by Acts 2023, 88th Leg., R.S., Ch. 1031 (S.B. 812), Sec. 2, 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 437A - Mobile Food Service Establishments Operating in Certain Counties in More Than One Municipality › Section 437A.001. Definitions

Sec. 437A.001.  DEFINITIONS.  In this chapter:
(1)  "Food," "mobile food unit," and "roadside food vendor" have the meanings assigned by rules adopted under Chapter 437.
(2)  "Mobile food service establishment" means one or more mobile food units or roadside food vendors operating from a single preparation facility under the managerial authority of a single permit or license holder.
Added by Acts 2023, 88th Leg., R.S., Ch. 845 (H.B. 2878), 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 437A - Mobile Food Service Establishments Operating in Certain Counties in More Than One Municipality › Section 437A.002. Applicability

Sec. 437A.002.  APPLICABILITY.  This chapter applies only to a county:
(1)  with a population of more than 2.1 million; and
(2)  in which is located partly or wholly:
(A)  an airport operating under Subchapter D, Chapter 22, Transportation Code; and
(B)  an airport owned by the principal municipality in the county that does not offer commercial air service.
Added by Acts 2023, 88th Leg., R.S., Ch. 845 (H.B. 2878), 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 437A - Mobile Food Service Establishments Operating in Certain Counties in More Than One Municipality › Section 437A.003. County Permit Required

Sec. 437A.003.  COUNTY PERMIT REQUIRED.  (a)  Notwithstanding any other law, a mobile food service establishment may not operate in a county to which this chapter applies unless the establishment obtains a permit from the county.
(b)  A permit issued by a county under this chapter must authorize a mobile food service establishment to operate in any municipality located in the county.
(c)  A permit issued by a county under this chapter is considered a permit issued by a county under Chapter 437 for purposes of that chapter.
Added by Acts 2023, 88th Leg., R.S., Ch. 845 (H.B. 2878), 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 437A - Mobile Food Service Establishments Operating in Certain Counties in More Than One Municipality › Section 437A.004. County Response to Permit Application

Sec. 437A.004.  COUNTY RESPONSE TO PERMIT APPLICATION.  A county shall approve or deny a mobile food service establishment's application for a permit to operate in the county not later than the third business day after the date the county receives the application and all information necessary for the county to consider the application.
Added by Acts 2023, 88th Leg., R.S., Ch. 845 (H.B. 2878), 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 437A - Mobile Food Service Establishments Operating in Certain Counties in More Than One Municipality › Section 437A.005. Refusal to Issue Permit

Sec. 437A.005.  REFUSAL TO ISSUE PERMIT.  (a)  A county may refuse to issue a permit for a mobile food service establishment to operate in the county if the establishment is not in good standing in another jurisdiction or if the county has previously imposed on the establishment a citation or fine that raises public health and safety concerns.
(b)  If a county refuses to issue a permit authorizing a mobile food service establishment to operate in the county, the county shall provide the establishment with written notice regarding the basis for the county's refusal and advise the establishment of any remedial actions the establishment may take to become eligible for a permit.
Added by Acts 2023, 88th Leg., R.S., Ch. 845 (H.B. 2878), 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 437A - Mobile Food Service Establishments Operating in Certain Counties in More Than One Municipality › Section 437A.006. Inspection by County

Sec. 437A.006.  INSPECTION BY COUNTY.  (a)  A mobile food service establishment is subject to periodic and unannounced inspections by the county that issues the permit to operate in the county under this chapter.
(b)  A mobile food service establishment shall allow the county access to the establishment for an inspection.
(c)  If an inspection by the county determines a mobile food service establishment committed a violation, the county may issue a fine to the establishment or suspend the establishment's permit.
Added by Acts 2023, 88th Leg., R.S., Ch. 845 (H.B. 2878), 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 437A - Mobile Food Service Establishments Operating in Certain Counties in More Than One Municipality › Section 437A.007. Permit Renewal; Notice

Sec. 437A.007.  PERMIT RENEWAL; NOTICE.  A mobile food service establishment annually shall renew the establishment's permit under this chapter.
Added by Acts 2023, 88th Leg., R.S., Ch. 845 (H.B. 2878), 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 437A - Mobile Food Service Establishments Operating in Certain Counties in More Than One Municipality › Section 437A.008. Rules

Sec. 437A.008.  RULES.  The executive commissioner may adopt the rules necessary to implement this chapter.
Added by Acts 2023, 88th Leg., R.S., Ch. 845 (H.B. 2878), 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 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 438.014. Sterilization of Food Service Items

Sec. 438.014.  STERILIZATION OF FOOD SERVICE ITEMS.  (a)  After cleaning dishes, receptacles, utensils, food-grinding machines, and implements as required by Section 438.012 or 438.013, the items shall be:
(1)  placed in a wire cage and immersed in a still bath of clear water for at least:
(A)  three minutes in water heated to a minimum temperature of 170 degrees Fahrenheit; or
(B)  two minutes in water heated to a minimum temperature of 180 degrees Fahrenheit;
(2)  immersed for at least two minutes in a lukewarm chlorine bath made up at a strength of 100 parts per milliliter or more of hypochlorites and not reduced to less than 50 parts per milliliter available chlorine, or a concentration of equal bacteriacidal strength if chloramines are used; or
(3)  sterilized by any other chemical method approved by the department.
(b)  A three-compartment vat shall be used to sterilize dishes, receptacles, and utensils if a chlorine solution is used.  The first compartment of the vat shall be used for washing, the second compartment for plain rinsing, and the third compartment for chlorine immersion.  A satisfactory rinsing or spraying device may be substituted for the second rinsing compartment on an existing installation.
(c)  The same chlorine solution may not be used as bacteriacidal treatment for more than one day.
(d)  After sterilization, all dishes, receptacles, and utensils shall be stored in a manner that protects the food service items from contaminants.
(e)  Subsections (a)-(d) do not apply to an establishment that uses electrically operated dishwashing and glasswashing machines that clean and sterilize mechanically.
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. 3.1131, 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 438 - Public Health Measures Relating to Food › Subchapter B. Cleaning and Sterilization of Food Service Items › Section 438.015. Use of Damaged Dishes, Receptacles, or Utensils

Sec. 438.015.  USE OF DAMAGED DISHES, RECEPTACLES, OR UTENSILS.  A public eating or drinking establishment or a person who operates or manages a food factory may not use or keep for use a dish, receptacle, or utensil that is made or damaged in a manner that makes cleaning or sterilizing the item impossible or doubtful.
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 438 - Public Health Measures Relating to Food › Subchapter B. Cleaning and Sterilization of Food Service Items › Section 438.016. Napkins

Sec. 438.016.  NAPKINS.  A napkin, cloth, or other article used by a person shall be laundered or sterilized before it is furnished for use to another person.
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 438 - Public Health Measures Relating to Food › Subchapter B. Cleaning and Sterilization of Food Service Items › Section 438.017. Protection of Other Food Service Items

Sec. 438.017.  PROTECTION OF OTHER FOOD SERVICE ITEMS.  (a)  A paper receptacle, ice cream cone, or other single service utensil to be used for serving food or drink shall be kept in a sanitary manner, protected from dust, flies, and other contaminants.
(b)  A napkin, straw, toothpick, or other article may not be offered for the use of a person unless the article has been securely protected from dust, dirt, insects, rodents, and, as necessary and by all reasonable means, other contaminants.
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 438 - Public Health Measures Relating to Food › Subchapter B. Cleaning and Sterilization of Food Service Items › Section 438.018. Criminal Penalty

Sec. 438.018.  CRIMINAL PENALTY.  (a)  A person commits an offense if the person violates this subchapter.
(b)  An offense under this subchapter is punishable by a fine of not less than $5 or more than $100.
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 438 - Public Health Measures Relating to Food › Subchapter C. Food Service Employees › Section 438.031. Definition

Sec. 438.031.  DEFINITION.  In this subchapter, "food" includes simple, mixed, or compounded articles used for food, drink, flavoring, confectionery, and condiment for human consumption.
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 438 - Public Health Measures Relating to Food › Subchapter C. Food Service Employees › Section 438.032. Infected Persons; Food Handling Prohibited

Sec. 438.032.  INFECTED PERSONS;  FOOD HANDLING PROHIBITED.  (a)  A person may not handle food, utensils, dishes, or serving implements that are for public sale or for the consumption or use by another if the person:
(1)  is infected with a disease that is transmissible through the handling of food;
(2)  resides in a household in which there is a transmissible case of a communicable disease that may be food borne;
(3)  is known to be a carrier of the organisms causing a communicable disease that may be food borne;  or
(4)  has a local infection that is commonly transmitted through the handling of food.
(b)  A person, firm, corporation, or organization operating or managing a public eating place or vehicle or other place where food is manufactured, processed, prepared, dispensed, or handled in a manner or under circumstances that would permit the probable transmission of disease from a handler to a consumer may not employ a person described in Subsection (a) to handle the food, utensils, dishes, or serving implements.
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 438 - Public Health Measures Relating to Food › Subchapter C. Food Service Employees › Section 438.033. Physical Examination; Doctor's Certificate

Sec. 438.033.  PHYSICAL EXAMINATION;  DOCTOR'S CERTIFICATE.  (a)  On the request of an employer, the department or the department's representative, or the local health authority or the local health authority's representative, a person employed or seeking employment in an activity regulated under Section 438.032:
(1)  shall be examined by a licensed physician; and
(2)  must receive a certificate signed by the physician stating that the examination has been performed and that to the best of the physician's knowledge the person examined did not have on the date of the examination a transmissible condition of a communicable disease or a local infection commonly transmitted through the handling of food.
(b)  The examination must be actual and thorough and conducted with practical scientific procedures to determine the existence of a communicable disease that may be transmitted through the handling of food.
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. 3.1132, 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 438 - Public Health Measures Relating to Food › Subchapter C. Food Service Employees › Section 438.034. Employee Cleanliness

Sec. 438.034.  EMPLOYEE CLEANLINESS.  (a)  A person handling food or unsealed food containers shall:
(1)  maintain personal cleanliness;
(2)  wear clean outer garments;
(3)  keep the person's hands clean; and
(4)   wash the person's hands and exposed portions of the person's arms with soap and water:
(A)  before starting work;
(B)  during work as often as necessary to avoid cross-contaminating food; and
(C)  to maintain cleanliness, after smoking, eating, and each visit to the toilet.
(b)  A person handling food or unsealed food containers may not contact with bare hands exposed ready-to-eat food unless:
(1)  documentation is maintained at the food service establishment listing the foods and food handling activities that involve bare-hand contact; and
(2)  the food service establishment uses two or more of the following contamination control measures:
(A)  requiring employees to perform double hand washing;
(B)  requiring employees to use fingernail brushes while hand washing;
(C)  requiring employees to use a hand sanitizer after hand washing;
(D)  implementing an incentive program that encourages employees not to come to work when ill; and
(E)  any other contamination control measure approved by the regulatory authority.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 1068, Sec. 2, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 926 (H.B. 3012), Sec. 2, eff. September 1, 2009.
2023 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 C. Food Service Employees › Section 438.035. Use of Unlaundered Towels

Sec. 438.035.  USE OF UNLAUNDERED TOWELS.  A person at a place where food for public consumption is handled or sold may not use a towel unless the towel has been thoroughly laundered after it has been previously used by another person.
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 438 - Public Health Measures Relating to Food › Subchapter C. Food Service Employees › Section 438.036. Criminal Penalty

Sec. 438.036.  CRIMINAL PENALTY.  (a)  A person, firm, corporation, or organization commits an offense if the person, firm, corporation, or organization violates this subchapter.
(b)  An offense under this section is punishable by a fine of not less than $10 or more than $200.
(c)  Each day of a violation constitutes a separate offense.
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 438 - Public Health Measures Relating to Food › Subchapter C. Food Service Employees › Section 438.037. Municipal Ordinances

Sec. 438.037.  MUNICIPAL ORDINANCES.  This subchapter does not affect the authority granted under Section 5, Article XI, Texas Constitution, Subchapter F of this chapter, and the applicable chapters of the Local Government Code to a Type A general-law municipality or a home-rule municipality to adopt an ordinance relating to this subchapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 18.002(c), 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 438 - Public Health Measures Relating to Food › Subchapter D. Food Service Programs › Section 438.041. Definition

Sec. 438.041.  DEFINITION.  In this subchapter:
(1)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(80), eff. April 2, 2015.
(2)  "Food handler" means a food service employee who works with unpackaged food, food equipment or utensils, or food-contact surfaces.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1299 (S.B. 552), Sec. 1, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1639(80), 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 438 - Public Health Measures Relating to Food › Subchapter D. Food Service Programs › Section 438.042. Duties of Executive Commissioner

Sec. 438.042.  DUTIES OF EXECUTIVE COMMISSIONER.  (a)  The executive commissioner shall adopt standards and procedures for the accreditation of education and training programs for persons employed in the food service industry.
(b)  The executive commissioner shall adopt standards and procedures for the accreditation of education and training programs for recertification of persons employed in the food service industry who have previously completed a program accredited in accordance with this subchapter or have been certified by a local health jurisdiction and have completed training and testing requirements substantially similar to those required by this subchapter for program accreditation.  The requirements for accreditation in Section 438.043 need not be met by an education or training program for recertification.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 539, Sec. 15, eff. Sept. 1, 1991;  Acts 1991, 72nd Leg., ch. 885, Sec. 1, eff. Aug. 26, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1133, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1134, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1135, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1639(81), 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 438 - Public Health Measures Relating to Food › Subchapter D. Food Service Programs › Section 438.043. Requirements for Accreditation

Sec. 438.043.  REQUIREMENTS FOR ACCREDITATION.  (a)  The department may not accredit an education or training program unless the program includes:
(1)  four hours of training on the subject of food, including:
(A)  a description of food-borne disease and its cause and prevention;
(B)  protection of food in location, receipt, storage, preparation, service, and transportation; and
(C)  the food allergen awareness information described by Section 437.027(b);
(2)  four hours of training on the subject of food service facilities, including:
(A)  waste disposal and sanitary plumbing and water;
(B)  cleaning and sanitization of dishes and utensils;
(C)  storage of equipment and utensils;
(D)  housekeeping procedures and schedules;
(E)  proper handling of nonfood supplies, including single service items, linens, and toxic materials; and
(F)  cleanliness of the physical plant, including building construction, ventilation, lighting, pest control, and general safety of the environment;
(3)  two hours of training on the subject of sanitary habits for food handlers, including:
(A)  personal hygiene, including proper dress, handwashing, personal habits, and illness;
(B)  food handling practices, including minimum handling and proper use of food service utensils; and
(C)  operational problems, including identification and correction of commonly occurring deficiencies; and
(4)  four hours of training on the subject of management in the food service industry, including:
(A)  self-inspection promotion and techniques;
(B)  motivation, including safety, the economics of safe food handling, and planning to meet sanitation guidelines; and
(C)  personnel training, including management responsibility, resources, and methods.
(b)  In addition to the course requirements in Subsection (a), the department shall require that, to receive accreditation, a course include an examination of at least one hour to allow the instructor to evaluate the students' comprehension of the subject matter covered.
(c)  The department shall ensure that each accredited program may be presented in not less than 15 hours.
(d)  The course requirements in Subsection (a) do not apply to an education or training program for recertification.
(e)  The department may modify the requirements of Subsection (a), (b), or (c) for a course used in training employees under the common control of a single entity.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 885, Sec. 2, eff. Aug. 26, 1991;  Acts 1995, 74th Leg., ch. 822, Sec. 1, eff. Aug. 28, 1995.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1031 (S.B. 812), Sec. 3, eff. September 1, 2023.