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

Tex. Health and Safety Code § 438.032: INFECTED PERSONS; FOOD HANDLING PROHIBITED.

(a) A person may not handle food, utensils, dishes, or serving implements that are for public sale or for the consumption or use by another if the person:
(1) is infected with a disease that is transmissible through the handling of food;
(2) resides in a household in which there is a transmissible case of a communicable disease that may be food borne;
(3) is known to be a carrier of the organisms causing a communicable disease that may be food borne; or
(4) has a local infection that is commonly transmitted through the handling of food.
(b) A person, firm, corporation, or organization operating or managing a public eating place or vehicle or other place where food is manufactured, processed, prepared, dispensed, or handled in a manner or under circumstances that would permit the probable transmission of disease from a handler to a consumer may not employ a person described in Subsection (a) to handle the food, utensils, dishes, or serving implements.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Where this section sits in the code

HEALTH AND SAFETY CODE
TITLE 6. FOOD, DRUGS, ALCOHOL, AND HAZARDOUS SUBSTANCES
SUBTITLE A. FOOD AND DRUG HEALTH REGULATIONS
CHAPTER 438. PUBLIC HEALTH MEASURES RELATING TO FOOD
SUBCHAPTER C. FOOD SERVICE EMPLOYEES

(a) A person may not handle food, utensils, dishes, or serving implements that are for public sale or for the consumption or use by another if the person:

(1) is infected with a disease that is transmissible through the handling of food;

(2) resides in a household in which there is a transmissible case of a communicable disease that may be food borne;

(3) is known to be a carrier of the organisms causing a communicable disease that may be food borne; or

(4) has a local infection that is commonly transmitted through the handling of food.

(b) A person, firm, corporation, or organization operating or managing a public eating place or vehicle or other place where food is manufactured, processed, prepared, dispensed, or handled in a manner or under circumstances that would permit the probable transmission of disease from a handler to a consumer may not employ a person described in Subsection (a) to handle the food, utensils, dishes, or serving implements.

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

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

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