Tex. Health & Safety Code Section 437.027
Prohibited Restrictions on Packaging, Utensils, and Straws


Notwithstanding any other law, the department, a county, a municipality, or a public health district may not restrict the type or quantity of packaging, utensils, or straws a food service establishment, retail food store, mobile food unit, roadside food vendor, or temporary food service establishment provides to customers.
Added by Acts 2023, 88th Leg., R.S., Ch. 245 (S.B. 577), Sec. 1, eff. September 1, 2023.

(1)

collaborate with individuals with expertise and knowledge regarding food allergies to determine the form and content of the poster;

(2)

post a sample poster on the department’s Internet website; and

(3)

update the poster as necessary to ensure the poster contains current information about food allergens and remains consistent with standards promulgated by the United States Food and Drug Administration.

(b)

The poster must include information regarding:

(1)

the risk of an allergic reaction to a food allergen;

(2)

symptoms of an allergic reaction;

(3)

the major food allergens, as determined by federal law and regulations of the United States Food and Drug Administration;

(4)

the procedures for preventing an allergic reaction; and

(5)

appropriate responses for assisting an individual who is having an allergic reaction.

(c)

The executive commissioner shall adopt rules necessary to implement this section.

(d)

This section does not create a private cause of action or change any common law or statutory duty.

(e)

Notwithstanding any other law, a county, municipality, or public health district may not adopt or enforce an order, ordinance, rule, or other measure related to food allergens that is inconsistent with or exceeds the requirements of this section or Chapter 438 (Public Health Measures Relating to Food).
Added by Acts 2023, 88th Leg., R.S., Ch. 1031 (S.B. 812), Sec. 2, eff. September 1, 2023.

Source: Section 437.027 — Prohibited Restrictions on Packaging, Utensils, and Straws, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­437.­htm#437.­027 (accessed Jun. 5, 2024).

437.001
Definitions
437.002
Enforcement of State Law by County or Public Health District
437.003
County Authority to Require Permit
437.004
Public Health District Authority to Require Permit
437.005
Public Hearing
437.006
More than One Permit Prohibited
437.007
Nonprofit Organizations Exempt
437.008
Permit Renewal
437.009
Inspections
437.010
Submission of Plans and Subsequent Inspection
437.011
Inspection of Existing Entities on Adoption of Order
437.012
County and Public Health District Fees
437.013
Audited Statement
437.014
Denial, Suspension, or Revocation of Permit
437.015
Injunction
437.016
Criminal Penalty: Violation of County and Public Health District Permit Requirements
437.017
Conflict with Alcoholic Beverage Code
437.018
Administrative Penalty
437.019
Exemption for Certain Bed and Breakfast Establishments
437.020
Regulation of Food Samples at Farms and Farmers’ Markets
437.021
Authority to Operate on Certain Property
437.023
Service Animals
437.025
Requirements for Dogs in Outdoor Dining Areas
437.026
Sale of Certain Food by Food Service Establishment
437.027
Prohibited Restrictions on Packaging, Utensils, and Straws
437.0055
Permit from Department Required in Areas Not Regulated by County or Public Health District
437.0056
Rulemaking Authority
437.0057
Regulation of Food Handlers and Other Food Service Employees by Counties, Public Health Districts, and the Department
437.0065
Permits for Certain Farmers and Food Producers
437.0073
Medallion for Mobile Food Units in Certain Populous Municipalities
437.0074
Mobile Food Units in Certain Populous Counties
437.0075
Food Managers in Certain Populous Counties
437.0076
Certified Food Manager
437.0091
Municipal Ordinance Registry
437.0095
Detention
437.0123
County and Public Health District Fees in Certain Populous Counties
437.0124
County and Public Health District Fee Schedule
437.0125
Department Fees
437.0145
Emergency Suspension or Closing Order
437.0155
Department Injunction
437.0165
Criminal Penalty: Violation of Department Permit Requirement
437.0185
Administrative Penalty by Public Health District or County
437.0186
Assessment of Administrative Penalty
437.0191
Exemption for Cottage Food Production Operations
437.0192
Regulation of Cottage Food Production Operations by Local Government Authorities Prohibited
437.0193
Packaging and Labeling Requirements for Cottage Food Production Operations
437.0194
Certain Sales by Cottage Food Production Operations Prohibited or Restricted
437.0195
Production of Cottage Food Products
437.0196
Time and Temperature Control for Safety Food
437.0197
Exemption for Small Honey Production Operation
437.0198
Regulation of Small Honey Production Operation Prohibited
437.0199
Labeling Requirements for Small Honey Production Operation
437.0201
Regulation of Food at Farmers’ Markets Under Temporary Food Establishment Permits
437.0202
Temperature Requirements for Food at Farmers’ Markets
437.0203
Regulation of Cooking Demonstrations at Farmers’ Markets
437.01235
Fees for Premises with Alcoholic Beverage Permit or License
437.01951
Requirements for Sale of Certain Cottage Foods
437.01952
Requirements for Sale of Frozen Fruit or Vegetables

Accessed:
Jun. 5, 2024

§ 437.027’s source at texas​.gov