Texas Health And Safety Code Title 6, Chapter 437 - Regulation Of Food Service Establishments, Retail Food Stores, Mobile Food Units, And Roadside Food Vendors
- Texas Section 437.001 - Definitions
In this chapter: (1) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(79), eff. April 2, 2015. (1-a) "Beekeeper" has the meaning assigned...
- Texas Section 437.002 - Enforcement Of State Law By County Or Public Health District
(a) A county or public health district may enforce state law and rules adopted under state law concerning food service establishments, retail food stores, mobile...
- Texas Section 437.003 - County Authority To Require Permit
To enforce state law and rules adopted under state law, the commissioners court of a county by order may require food service establishments, retail food...
- Texas Section 437.004 - Public Health District Authority To Require Permit
(a) A public health district that is established by at least one county and one or more municipalities in the county by order may require...
- Texas Section 437.005 - Public Hearing
(a) A commissioners court, governing body, or administrative board, as applicable, may adopt an order under Section 437.003 or 437.004 only after conducting a public...
- Texas Section 437.0055 - Permit From Department Required In Areas Not Regulated By County Or Public Health District
(a) A person may not operate a food service establishment, retail food store, mobile food unit, or temporary food service establishment located in an area...
- Texas Section 437.0056 - Rulemaking Authority
The executive commissioner may adopt rules for the efficient enforcement of this chapter by the department in an area not regulated under this chapter by...
- Texas Section 437.0057 - Regulation Of Food Handlers And Other Food Service Employees By Counties, Public Health Districts, And The Department
(a) A county, a public health district, or the department may require certification under Subchapter D, Chapter 438, for each food handler who is employed...
- Texas Section 437.006 - More Than One Permit Prohibited
A food service establishment or retail food store may not be required under this chapter to obtain more than one permit for each location. Acts...
- Texas Section 437.007 - Nonprofit Organizations Exempt
A county or public health district may not require a nonprofit organization to obtain a permit. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff....
- Texas Section 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...
- Texas Section 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...
- Texas Section 437.0075 - Food Managers In Certain Populous Counties
(a) A county with a population of at least 2.8 million may require a trained food manager to be on duty during the operating hours...
- Texas Section 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...
- Texas Section 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,
- Texas Section 437.009 - Inspections
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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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) Except as provided by...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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,...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 437.018 - Administrative Penalty
(a) The department may impose an administrative penalty against a person who holds a permit or who is regulated under this chapter and who violates...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 437.0194 - Certain Sales By Cottage Food Production Operations Prohibited
A cottage food production operation may not sell any of the foods described in Section 437.001(2-b)(A): (1) through the Internet; (2) by mail order; or...
- Texas Section 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...
- Texas Section 437.0196 - Potentially Hazardous Food; Prohibition For Cottage Food Production Operations
(a) In this section, "potentially hazardous food" means a food that requires time and temperature control for safety to limit pathogen growth or toxin production....
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 437.020 - Regulation Of Food Samples At Farms And Farmers' Markets
(a) In this section: (1) "Farmers' market" means a designated location used primarily for the distribution and sale directly to consumers of food by farmers...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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,...
- Texas Section 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...
- Texas Section 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...
Last modified: September 28, 2016