Texas Statutes
Chapter 437 - Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors
Section 437.0155. Department Injunction

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 from continuing the violation or threat of violation.
(b) The department may petition a district court for a temporary restraining order to immediately halt a violation or other action creating an emergency condition if it appears that:
(1) a person is violating or threatening to violate this chapter or a rule or order adopted under this chapter; and
(2) the violation or threatened violation creates an immediate threat to the health and safety of the public.
(c) On the department's request, the attorney general shall institute a suit in the name of the state for injunctive relief.
(d) In an action for injunctive relief under this section, the court may grant any prohibitory or mandatory injunction warranted by the facts, including temporary restraining orders, temporary injunctions, and permanent injunctions. The court shall grant injunctive relief without a bond or other undertaking by the department.
(e) Venue for a suit brought under this section is in the county in which the violation or threat of violation is alleged to have occurred.
Added by Acts 1999, 76th Leg., ch. 448, Sec. 1, eff. Sept. 1, 1999.

Structure Texas Statutes

Texas Statutes

Health and Safety Code

Title 6 - Food, Drugs, Alcohol, and Hazardous Substances

Subtitle A - Food and Drug Health Regulations

Chapter 437 - Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors

Section 437.001. Definitions

Section 437.002. Enforcement of State Law by County or Public Health District

Section 437.003. County Authority to Require Permit

Section 437.004. Public Health District Authority to Require Permit

Section 437.005. Public Hearing

Section 437.0055. Permit From Department Required in Areas Not Regulated by County or Public Health District

Section 437.0056. Rulemaking Authority

Section 437.0057. Regulation of Food Handlers and Other Food Service Employees by Counties, Public Health Districts, and the Department

Section 437.006. More Than One Permit Prohibited

Section 437.0065. Permits for Certain Farmers and Food Producers

Section 437.007. Nonprofit Organizations Exempt

Section 437.0073. Medallion for Mobile Food Units in Certain Populous Municipalities

Section 437.0074. Mobile Food Units in Certain Populous Counties

Section 437.0075. Food Managers in Certain Populous Counties

Section 437.0076. Certified Food Manager

Section 437.008. Permit Renewal

Section 437.009. Inspections

Section 437.0095. Detention

Section 437.010. Submission of Plans and Subsequent Inspection

Section 437.011. Inspection of Existing Entities on Adoption of Order

Section 437.012. County and Public Health District Fees

Section 437.0123. County and Public Health District Fees in Certain Populous Counties

Section 437.0124. County and Public Health District Fee Schedule

Section 437.0125. Department Fees

Section 437.013. Audited Statement

Section 437.014. Denial, Suspension, or Revocation of Permit

Section 437.0145. Emergency Suspension or Closing Order

Section 437.015. Injunction

Section 437.0155. Department Injunction

Section 437.016. Criminal Penalty: Violation of County and Public Health District Permit Requirements

Section 437.0165. Criminal Penalty: Violation of Department Permit Requirement

Section 437.017. Conflict With Alcoholic Beverage Code

Section 437.018. Administrative Penalty

Section 437.0185. Administrative Penalty by Public Health District or County

Section 437.0186. Assessment of Administrative Penalty

Section 437.019. Exemption for Certain Bed and Breakfast Establishments

Section 437.0191. Exemption for Cottage Food Production Operations

Section 437.0192. Regulation of Cottage Food Production Operations by Local Government Authorities Prohibited; Complaints

Section 437.0193. Packaging and Labeling Requirements for Cottage Food Production Operations

Section 437.0194. Certain Sales by Cottage Food Production Operations Prohibited or Restricted

Section 437.0195. Production of Cottage Food Products

Section 437.01951. Requirements for Sale of Certain Cottage Foods

Section 437.01952. Requirements for Sale of Frozen Fruit or Vegetables

Section 437.0196. Time and Temperature Control for Safety Food; Prohibition for Cottage Food Production Operations; Exception

Section 437.0197. Exemption for Small Honey Production Operation

Section 437.0198. Regulation of Small Honey Production Operation Prohibited

Section 437.0199. Labeling Requirements for Small Honey Production Operation

Section 437.020. Regulation of Food Samples at Farms and Farmers' Markets

Section 437.0201. Regulation of Food at Farmers' Markets Under Temporary Food Establishment Permits

Section 437.0202. Temperature Requirements for Food at Farmers' Markets

Section 437.0203. Regulation of Cooking Demonstrations at Farmers' Markets

Section 437.021. Authority to Operate on Certain Property

Section 437.023. Service Animals

Section 437.025. Requirements for Dogs in Outdoor Dining Areas; Municipal Preemption

Section 437.026. Sale of Certain Food by Food Service Establishment