Title HS, Health and Safety Code

Sec. 437.0045. LOCAL PERMIT REQUIREMENT LIMITATION. Notwithstanding any other law, a county, municipality, or public health district, including an authorized agent, employee, or department, may only require a permit, license, certification, or other form of authority if the permi…

Sec. 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 hearing on the proposed order. (b) At least two weeks' public notice must be given b…

Sec. 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, or temporary food service establishment located in an area in which a county or public health d…

Sec. 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 a county or public health district. The executive commissioner by rule shall establish mi…

Sec. 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 …

Sec. 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 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 437.0063. SMALL-SCALE FOOD BUSINESS PERMIT EXEMPTIONS. (a) In this section: (1) "Food producer" has the meaning assigned by Section 437.020. (2) "Small-scale food business" means a legal entity established by a farmer or food producer with less than $1.5 million in annual gr…

Sec. 437.0065. PERMITS FOR CERTAIN FARMERS AND FOOD PRODUCERS. (a) In this section, "farmers' market" and "food producer" have the meanings assigned by Section 437.020. (b) This section applies only to a permit issued under this chapter to: (1) a farmer for the sale of food direc…

Sec. 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. Sept. 1, 1989.

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 …

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 w…

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 n…

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 foo…

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.

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,…

Sec. 437.0091. LOCAL ORDINANCE AND FEE SCHEDULE 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 fee schedules submitted under Section 437.0124(b). The department …

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 o…

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 a…

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 e…

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 nec…

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 o…

Sec. 437.01235. FEES FOR PREMISES WITH ALCOHOLIC BEVERAGE PERMIT OR LICENSE. Notwithstanding any other law, a county, municipality, or public health district, including an authorized agent, employee, or department, may not charge a fee under Section 11.38 or 61.36, Alcoholic Beve…

Sec. 437.0124. COUNTY, MUNICIPALITY, AND PUBLIC HEALTH DISTRICT FEE SCHEDULE. (a) A county, municipality, or public health district shall establish a fee schedule for any fees collected under this chapter and revise the fee schedule as necessary. (b) A county, municipality, or pu…

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 executi…

Sec. 437.0126. LOCAL FEE LIMITATION. (a) Notwithstanding any other law and except as provided by Subsections (c) and (d), a county, municipality, or public health district, including an authorized agent, employee, or department, may not charge a food service establishment, retail…

Sec. 437.0127. STAKEHOLDER NOTICE. (a) A county, municipality, or public health district that charges fees, requires permits, or conducts inspections under this chapter shall provide an opportunity for stakeholders to sign up for e-mail updates from the entity. (b) At least 60 da…

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…

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 f…

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 servic…

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…

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 …

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 c…

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 …

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, ef…

Sec. 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 this chapter or a rule or order adopted under this chapter. (b) The penalty for a violation ma…

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 o…

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…

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…

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, a…

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: (1) regulate the production of food at a cottage food production operation; or (…

Sec. 437.0193. PACKAGING AND LABELING REQUIREMENTS FOR COTTAGE FOOD PRODUCTION OPERATIONS. (a) Food 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 la…

Sec. 437.0194. CERTAIN SALES BY COTTAGE FOOD PRODUCTION OPERATIONS PROHIBITED OR RESTRICTED. (a) Except as provided by Subsection (a-1), a cottage food production operation may not sell food at wholesale. (a-1) A cottage food production operation may sell to a cottage food vendor…

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 individua…

Sec. 437.01951. REQUIREMENTS FOR SALE OF CERTAIN COTTAGE FOODS. (a) A cottage food production operation that sells to consumers pickled fruit or vegetables, fermented vegetable products, or plant-based acidified canned goods shall: (1) use a recipe that: (A) is from a source appr…

Sec. 437.01953. REQUIREMENTS FOR SALE OF CERTAIN FOOD. (a) A cottage food production operation that sells to consumers a time and temperature control for safety food shall: (1) register with the department in the form and manner prescribed by the department; (2) store and deliver…

Sec. 437.01955. SAMPLING AND DONATION OF COTTAGE FOOD. (a) A cottage food production operation may provide samples of its products to consumers at any location in this state in accordance with the standards provided by Section 437.020(c). (b) A cottage food production operation m…