Tex. Health & Safety Code Section 438.003
Sale from Self-service Containers

(a)

A person may sell unpackaged food that is displayed and sold in bulk from a self-service container if:

(1)

the self-service container has a tight-fitting lid that is securely attached to the container; and

(2)

the container, lid, and any utensil are constructed of nontoxic materials that provide for easy cleaning and proper repair.

(b)

The lid of a gravity feed type container shall be kept closed except when the container is being serviced or refilled.

(c)

The lid of a scoop utensil type container shall be kept closed except during customer service. The container must have a utensil, equipped with a handle, to be used in dispensing the food.

(d)

The seller shall:

(1)

keep the container, lid, and any utensil sanitary to prevent spoilage and insect infestation; and

(2)

post in the immediate display area a conspicuous sign that instructs the customer on the proper procedure for dispensing the food.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Source: Section 438.003 — Sale from Self-service Containers, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­438.­htm#438.­003 (accessed Jun. 5, 2024).

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Accessed:
Jun. 5, 2024

§ 438.003’s source at texas​.gov