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Subchapter A. Unpackaged Foods
Section 438.001. Definitions - Sec. 438.001. DEFINITIONS. In this subchapter: (1) "Gravity feed type...
Section 438.002. Exemptions - Sec. 438.002. EXEMPTIONS. This subchapter does not apply to: (1)...
Section 438.003. Sale From Self-Service Containers - Sec. 438.003. SALE FROM SELF-SERVICE CONTAINERS. (a) A person may...
Section 438.004. Stricter Rules - Sec. 438.004. STRICTER RULES. (a) The executive commissioner by rule...
Section 438.005. Sale of Unpackaged Food; Criminal Penalty - Sec. 438.005. SALE OF UNPACKAGED FOOD; CRIMINAL PENALTY. (a) A...
Section 438.006. Effect on Other Laws - Sec. 438.006. EFFECT ON OTHER LAWS. (a) This subchapter supersedes...
Subchapter B. Cleaning and Sterilization of Food Service Items
Section 438.011. Definitions - Sec. 438.011. DEFINITIONS. In this subchapter: (1) "Dish" includes a...
Section 438.012. Use of Unclean Dishes - Sec. 438.012. USE OF UNCLEAN DISHES. A person who operates...
Section 438.013. Cleaning Dishes, Receptacles, and Utensils - Sec. 438.013. CLEANING DISHES, RECEPTACLES, AND UTENSILS. (a) A person...
Section 438.014. Sterilization of Food Service Items - Sec. 438.014. STERILIZATION OF FOOD SERVICE ITEMS. (a) After cleaning...
Section 438.015. Use of Damaged Dishes, Receptacles, or Utensils - Sec. 438.015. USE OF DAMAGED DISHES, RECEPTACLES, OR UTENSILS. A...
Section 438.016. Napkins - Sec. 438.016. NAPKINS. A napkin, cloth, or other article used...
Section 438.017. Protection of Other Food Service Items - Sec. 438.017. PROTECTION OF OTHER FOOD SERVICE ITEMS. (a) A...
Section 438.018. Criminal Penalty - Sec. 438.018. CRIMINAL PENALTY. (a) A person commits an offense...
Subchapter C. Food Service Employees
Section 438.031. Definition - Sec. 438.031. DEFINITION. In this subchapter, "food" includes simple, mixed,...
Section 438.032. Infected Persons; Food Handling Prohibited - Sec. 438.032. INFECTED PERSONS; FOOD HANDLING PROHIBITED. (a) A person...
Section 438.033. Physical Examination; Doctor's Certificate - Sec. 438.033. PHYSICAL EXAMINATION; DOCTOR'S CERTIFICATE. (a) On the request...
Section 438.034. Employee Cleanliness - Sec. 438.034. EMPLOYEE CLEANLINESS. (a) A person handling food or...
Section 438.035. Use of Unlaundered Towels - Sec. 438.035. USE OF UNLAUNDERED TOWELS. A person at a...
Section 438.036. Criminal Penalty - Sec. 438.036. CRIMINAL PENALTY. (a) A person, firm, corporation, or...
Section 438.037. Municipal Ordinances - Sec. 438.037. MUNICIPAL ORDINANCES. This subchapter does not affect the...
Subchapter D. Food Service Programs
Section 438.041. Definition - Sec. 438.041. DEFINITION. In this subchapter: (1) Repealed by Acts...
Section 438.042. Duties of Executive Commissioner - Sec. 438.042. DUTIES OF EXECUTIVE COMMISSIONER. (a) The executive commissioner...
Section 438.043. Requirements for Accreditation - Sec. 438.043. REQUIREMENTS FOR ACCREDITATION. (a) The department may not...
Section 438.0431. Basic Food Safety Accreditation - Sec. 438.0431. BASIC FOOD SAFETY ACCREDITATION. (a) Notwithstanding Section 438.043,...
Section 438.044. Application for Accreditation - Sec. 438.044. APPLICATION FOR ACCREDITATION. (a) A person seeking accreditation...
Section 438.045. Audit of Education and Training Programs - Sec. 438.045. AUDIT OF EDUCATION AND TRAINING PROGRAMS. The department...
Section 438.046. List of Accredited Programs - Sec. 438.046. LIST OF ACCREDITED PROGRAMS. (a) The department shall...
Section 438.047. Fees - Sec. 438.047. FEES. The department in accordance with department rules...
Subchapter F. Food Inspections
Section 438.061. Food Inspections by Type a General-Law Municipality - Sec. 438.061. FOOD INSPECTIONS BY TYPE A GENERAL-LAW MUNICIPALITY. (a)...
Subchapter G. Certification of Food Managers
Section 438.101. Definitions - Sec. 438.101. DEFINITIONS. In this subchapter: (1) Repealed by Acts...
Section 438.102. Certification Program - Sec. 438.102. CERTIFICATION PROGRAM. (a) The executive commissioner shall establish...
Section 438.103. Certification and Renewal of Certification; Examination Required - Sec. 438.103. CERTIFICATION AND RENEWAL OF CERTIFICATION; EXAMINATION REQUIRED. A...
Section 438.104. Approval of Examinations; Selection of Examination Sites - Sec. 438.104. APPROVAL OF EXAMINATIONS; SELECTION OF EXAMINATION SITES. (a)...
Section 438.105. Certificate as Evidence of Compliance With Other Law - Sec. 438.105. CERTIFICATE AS EVIDENCE OF COMPLIANCE WITH OTHER LAW....
Section 438.106. Powers and Duties of Executive Commissioner; Fees - Sec. 438.106. POWERS AND DUTIES OF EXECUTIVE COMMISSIONER; FEES. (a)...
Subchapter H. Information on Department or Local Health Jurisdiction Food Regulation
Section 438.151. Definition - Sec. 438.151. DEFINITION. In this subchapter, "local health jurisdiction" means...
Section 438.152. Request for Information - Sec. 438.152. REQUEST FOR INFORMATION. Unless otherwise prohibited by state...
Section 438.153. Request for Official Determination - Sec. 438.153. REQUEST FOR OFFICIAL DETERMINATION. (a) On receipt of...
Section 438.154. Effect of Official Determination - Sec. 438.154. EFFECT OF OFFICIAL DETERMINATION. An inspector may not...
Section 438.155. Rules - Sec. 438.155. RULES. (a) The executive commissioner shall adopt rules...