Texas Statutes
Chapter 437 - Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors
Section 437.026. Sale of Certain Food by Food Service Establishment

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 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.

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