Tex. Health & Safety Code § 438.003 · Subchapter A. UNPACKAGED FOODS
SALE FROM SELF-SERVICE CONTAINERS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A person may sell unpackaged food that is displayed and sold in bulk from a self-service container if:
(1) the self-service container has a tight-fitting lid that is securely attached to the container; and
(2) the container, lid, and any utensil are constructed of nontoxic materials that provide for easy cleaning and proper repair.
(b) The lid of a gravity feed type container shall be kept closed except when the container is being serviced or refilled.
(c) The lid of a scoop utensil type container shall be kept closed except during customer service. The container must have a utensil, equipped with a handle, to be used in dispensing the food.
(d) The seller shall:
(1) keep the container, lid, and any utensil sanitary to prevent spoilage and insect infestation; and
(2) post in the immediate display area a conspicuous sign that instructs the customer on the proper procedure for dispensing the food.
Notes and commentary — not statutory text
History
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/HS/htm/HS.438.htm
- Text hash
- sha256 ede33b18a3bd718cb60849bf0de2d5bba2d139f04a19e7d909dd9d42a6c7dca9
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Cited by 2 provisions
Provisions in this library whose text cites Tex. Health & Safety Code § 438.003. Each shows the citation as that text prints it.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.