Tex. Health & Safety Code § 438.034 · Subchapter C. FOOD SERVICE EMPLOYEES
EMPLOYEE CLEANLINESS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A person handling food or unsealed food containers shall:
(1) maintain personal cleanliness;
(2) wear clean outer garments;
(3) keep the person's hands clean; and
(4) wash the person's hands and exposed portions of the person's arms with soap and water:
(A) before starting work;
(B) during work as often as necessary to avoid cross-contaminating food; and
(C) to maintain cleanliness, after smoking, eating, and each visit to the toilet.
(b) A person handling food or unsealed food containers may not contact with bare hands exposed ready-to-eat food unless:
(1) documentation is maintained at the food service establishment listing the foods and food handling activities that involve bare-hand contact; and
(2) the food service establishment uses two or more of the following contamination control measures:
(A) requiring employees to perform double hand washing;
(B) requiring employees to use fingernail brushes while hand washing;
(C) requiring employees to use a hand sanitizer after hand washing;
(D) implementing an incentive program that encourages employees not to come to work when ill; and
(E) any other contamination control measure approved by the regulatory authority.
Notes and commentary — not statutory text
History
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1997, 75th Leg., ch. 1068, Sec. 2, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 926 (H.B. 3012), Sec. 2, eff. September 1, 2009.
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 1a91c97ecbdc7acd60bf719999fa431a1f06eec6242866a843a400302236dfe7
- 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
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.