Title HS, Health and Safety Code

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…

Sec. 437.01965. COTTAGE FOOD VENDOR. (a) A cottage food vendor may sell food produced by a cottage food production operation in accordance with Section 437.0194(a-1) directly to consumers at a farmers' market, a farm stand, a food service establishment, or any retail store. (b) A…

Sec. 437.0197. EXEMPTION FOR HONEY PRODUCTION OPERATION. A 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. Amended by: Acts 2025, 89th Leg., R.S.…

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

Sec. 437.0199. LABELING REQUIREMENTS FOR HONEY PRODUCTION OPERATION. Honey or honeycomb sold or distributed by a honey production operation must be labeled in accordance with Subchapter E, Chapter 131, Agriculture Code. Added by Acts 2015, 84th Leg., R.S., Ch. 265 (S.B. 1766), Se…

Sec. 437.01991. HONEY AS RAW AGRICULTURAL COMMODITY. (a) In this section, "raw agricultural commodity" has the meaning assigned by Section 431.002. (b) For purposes of this subtitle and other applicable law, a honey production operation that: (1) extracts honey from honeycomb is …

Sec. 437.020. REGULATION OF FOOD SAMPLES AT FARMS AND FARMERS' MARKETS. (a) In this section: (1) "Farmers' market" means a designated location used for a recurring event at which a majority of the vendors are farmers or other food producers who sell food directly to consumers. (2…

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 establishm…

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, …

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…

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 o…

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 cus…

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…

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 …

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…

Sec. 437.028. 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, ret…

Sec. 437.029. SOUND REGULATIONS. (a) Notwithstanding any other law, the department, a county, a municipality, or a public health district, including an authorized agent, employee, or department, may not require a food service establishment to obtain a sound regulation permit, cha…

Sec. 437.030. TRANSPORTING, DELIVERING, AND SERVING FOOD AT WORKPLACE BY FOOD SERVICE ESTABLISHMENT OR MOBILE FOOD UNIT. (a) This section applies only to a permitted food service establishment or permitted mobile food unit transporting and delivering to the premises of a workplac…

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 fr…

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 princip…

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 informatio…

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 c…

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 …