Tex.
Health & Safety Code Section 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.
Source:
Section 437.026 — Sale of Certain Food by Food Service Establishment, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.437.htm#437.026 (accessed May 26, 2025).
