Tex. Health & Safety Code Section 438.017
Protection of Other Food Service Items

(a)

A paper receptacle, ice cream cone, or other single service utensil to be used for serving food or drink shall be kept in a sanitary manner, protected from dust, flies, and other contaminants.

(b)

A napkin, straw, toothpick, or other article may not be offered for the use of a person unless the article has been securely protected from dust, dirt, insects, rodents, and, as necessary and by all reasonable means, other contaminants.

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

Source: Section 438.017 — Protection of Other Food Service Items, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.438.htm#438.017 (accessed Jun. 5, 2024).

438.001
Definitions 438.002
Exemptions 438.003
Sale from Self-service Containers 438.004
Stricter Rules 438.005
Sale of Unpackaged Food 438.006
Effect on Other Laws 438.011
Definitions 438.012
Use of Unclean Dishes 438.013
Cleaning Dishes, Receptacles, and Utensils 438.014
Sterilization of Food Service Items 438.015
Use of Damaged Dishes, Receptacles, or Utensils 438.016
Napkins 438.017
Protection of Other Food Service Items 438.018
Criminal Penalty 438.031
Definition 438.032
Infected Persons 438.033
Physical Examination 438.034
Employee Cleanliness 438.035
Use of Unlaundered Towels 438.036
Criminal Penalty 438.037
Municipal Ordinances 438.041
Definition 438.042
Duties of Executive Commissioner 438.043
Requirements for Accreditation 438.044
Application for Accreditation 438.045
Audit of Education and Training Programs 438.046
List of Accredited Programs 438.047
Fees 438.061
Food Inspections by Type a General-law Municipality 438.101
Definitions 438.102
Certification Program 438.103
Certification and Renewal of Certification 438.104
Approval of Examinations 438.105
Certificate as Evidence of Compliance with Other Law 438.106
Powers and Duties of Executive Commissioner 438.151
Definition 438.152
Request for Information 438.153
Request for Official Determination 438.154
Effect of Official Determination 438.155
Rules 438.201
No Private Cause of Action 438.202
Certain Regulations Prohibited 438.0431
Basic Food Safety Accreditation 438.1055
Prohibited Requirement of Local Food Manager Card or Local Fee

Accessed:
Jun. 5, 2024

§ 438.017’s source at texas.gov

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Location: https://texas.public.law/statutes/tex._health_and_safety_code_section_438.017

Original Source: Section 438.017 — Protection of Other Food Service Items, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.438.htm#438.017 (last accessed Jun. 5, 2024).