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Texas · Through 89th 2nd Called Legislative Session, 2025

Tex. Health and Safety Code § 438.004: STRICTER RULES.

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Where this section sits in the code
  1. HEALTH AND SAFETY CODE
  2. TITLE 6. FOOD, DRUGS, ALCOHOL, AND HAZARDOUS SUBSTANCES
  3. SUBTITLE A. FOOD AND DRUG HEALTH REGULATIONS
  4. CHAPTER 438. PUBLIC HEALTH MEASURES RELATING TO FOOD
  5. SUBCHAPTER A. UNPACKAGED FOODS

(a) The executive commissioner by rule may establish requirements stricter than the requirements prescribed by Section 438.003 for the display and sale of unpackaged foods if the transmission of a disease infestation or contamination is directly related to a method of displaying and selling unpackaged food authorized by this subchapter.

(b) The stricter requirement must be:

(1) adopted according to laboratory evidence supporting the specific relationship between the disease infestation or contamination and the method of dispensing the unpackaged food; and

(2) applied uniformly to all nonexempted food sources and dispensing methods.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by:

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1130, eff. April 2, 2015.

Collected 2026-08-27T01:47:17Z. Source file · JSON

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