Texas Health And Safety Code Title 6, Chapter 438 - Public Health Measures Relating To Food

SUBCHAPTER A UNPACKAGED FOODS

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER B CLEANING AND STERILIZATION OF FOOD SERVICE ITEMS

• Texas Section 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...
• Texas Section 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....
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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,...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER C FOOD SERVICE EMPLOYEES

• Texas Section 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...
• Texas Section 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.,...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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;...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER D FOOD SERVICE PROGRAMS

• Texas Section 438.037 - Municipal Ordinances
  This subchapter does not affect the authority granted under Article XI, Section 5, of the Texas Constitution, Article 1175, Revised Statutes, Subchapter F of this...
• Texas Section 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...
• Texas Section 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....
• Texas Section 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,...
• Texas Section 438.0431 - Basic Food Safety Accreditation
  (a) Notwithstanding Section 438.043, the department may accredit an education or training program for basic food safety for food handlers as provided by this section....
• Texas Section 438.044 - Application For Accreditation
  (a) A person seeking accreditation for an education or training program must apply to the department for accreditation. The applicant must demonstrate to the department...
• Texas Section 438.045 - Audit Of Education And Training Programs
  The department shall conduct a regular audit of each program accredited under this subchapter to ensure compliance with this subchapter. Acts 1989, 71st Leg., ch....
• Texas Section 438.046 - List Of Accredited Programs
  (a) The department shall maintain a registry of course programs accredited under this subchapter. (b) A local health jurisdiction that requires training for a food...

SUBCHAPTER F FOOD INSPECTIONS

• Texas Section 438.047 - Fees
  The department in accordance with department rules shall charge an application fee and an audit fee sufficient to cover the entire cost of accreditation, audit,...

SUBCHAPTER G CERTIFICATION OF FOOD MANAGERS

• Texas Section 438.061 - Food Inspections By Type A General-law Municipality
  (a) The governing body of a Type A general-law municipality may regulate the inspection of beef, pork, flour, meal, salt, and other provisions. (b) The...
• Texas Section 438.101 - Definitions
  In this subchapter: (1) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(82), eff. April 2, 2015. (2) "Food establishment" means a fixed...
• Texas Section 438.102 - Certification Program
  (a) The executive commissioner shall establish a certification program for food managers in accordance with this subchapter. (b) The executive commissioner by rule shall prescribe...
• Texas Section 438.103 - Certification And Renewal Of Certification; Examination Required
  A person who satisfies the requirements of this subchapter may receive and renew a food manager certificate by passing a state-approved examination. Added by Acts...
• Texas Section 438.104 - Approval Of Examinations; Selection Of Examination Sites
  (a) The executive commissioner shall adopt criteria to approve examinations. (b) In administering this subchapter, the department shall consider the impact of the traveling distance...
• Texas Section 438.105 - Certificate As Evidence Of Compliance With Other Law
  A food manager certificate, including a renewal certificate, obtained under this subchapter shall be accepted as meeting the training and testing requirements under Section 438.046(b)....

SUBCHAPTER H INFORMATION ON DEPARTMENT FOOD REGULATION

• Texas Section 438.106 - Powers And Duties Of Executive Commissioner; Fees
  (a) The executive commissioner by rule may adopt a fee for issuance or renewal of a food manager certificate under this subchapter in amounts reasonable...
• Texas Section 438.152 - Request For Information
  Unless otherwise prohibited by state or federal law, on receipt of a written request for information pertaining to the regulation of food under this subtitle,...
• Texas Section 438.153 - Request For Official Determination
  (a) On receipt of a written request regarding the applicability to a specific circumstance of a regulation or the requirements for compliance with the regulation,...
• Texas Section 438.154 - Effect Of Official Determination
  An inspector may not issue to a person a citation for a violation of a food regulation governed by this subtitle if the person provides...
• Texas Section 438.155 - Rules
  (a) The executive commissioner shall adopt rules to implement this subchapter. (b) The executive commissioner periodically shall evaluate the department's food safety rules and modify...

Last modified: September 28, 2016