Tex. Health & Safety Code Section 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.

Source: Section 437.026 — Sale of Certain Food by Food Service Establishment, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­437.­htm#437.­026 (accessed Apr. 29, 2024).

437.001
Definitions
437.002
Enforcement of State Law by County or Public Health District
437.003
County Authority to Require Permit
437.004
Public Health District Authority to Require Permit
437.005
Public Hearing
437.006
More than One Permit Prohibited
437.007
Nonprofit Organizations Exempt
437.008
Permit Renewal
437.009
Inspections
437.010
Submission of Plans and Subsequent Inspection
437.011
Inspection of Existing Entities on Adoption of Order
437.012
County and Public Health District Fees
437.013
Audited Statement
437.014
Denial, Suspension, or Revocation of Permit
437.015
Injunction
437.016
Criminal Penalty: Violation of County and Public Health District Permit Requirements
437.017
Conflict with Alcoholic Beverage Code
437.018
Administrative Penalty
437.019
Exemption for Certain Bed and Breakfast Establishments
437.020
Regulation of Food Samples at Farms and Farmers’ Markets
437.021
Authority to Operate on Certain Property
437.023
Service Animals
437.025
Requirements for Dogs in Outdoor Dining Areas
437.026
Sale of Certain Food by Food Service Establishment
437.027
Prohibited Restrictions on Packaging, Utensils, and Straws
437.0055
Permit from Department Required in Areas Not Regulated by County or Public Health District
437.0056
Rulemaking Authority
437.0057
Regulation of Food Handlers and Other Food Service Employees by Counties, Public Health Districts, and the Department
437.0065
Permits for Certain Farmers and Food Producers
437.0073
Medallion for Mobile Food Units in Certain Populous Municipalities
437.0074
Mobile Food Units in Certain Populous Counties
437.0075
Food Managers in Certain Populous Counties
437.0076
Certified Food Manager
437.0091
Municipal Ordinance Registry
437.0095
Detention
437.0123
County and Public Health District Fees in Certain Populous Counties
437.0124
County and Public Health District Fee Schedule
437.0125
Department Fees
437.0145
Emergency Suspension or Closing Order
437.0155
Department Injunction
437.0165
Criminal Penalty: Violation of Department Permit Requirement
437.0185
Administrative Penalty by Public Health District or County
437.0186
Assessment of Administrative Penalty
437.0191
Exemption for Cottage Food Production Operations
437.0192
Regulation of Cottage Food Production Operations by Local Government Authorities Prohibited
437.0193
Packaging and Labeling Requirements for Cottage Food Production Operations
437.0194
Certain Sales by Cottage Food Production Operations Prohibited or Restricted
437.0195
Production of Cottage Food Products
437.0196
Time and Temperature Control for Safety Food
437.0197
Exemption for Small Honey Production Operation
437.0198
Regulation of Small Honey Production Operation Prohibited
437.0199
Labeling Requirements for Small Honey Production Operation
437.0201
Regulation of Food at Farmers’ Markets Under Temporary Food Establishment Permits
437.0202
Temperature Requirements for Food at Farmers’ Markets
437.0203
Regulation of Cooking Demonstrations at Farmers’ Markets
437.01235
Fees for Premises with Alcoholic Beverage Permit or License
437.01951
Requirements for Sale of Certain Cottage Foods
437.01952
Requirements for Sale of Frozen Fruit or Vegetables

Accessed:
Apr. 29, 2024

§ 437.026’s source at texas​.gov