Tex. Health & Safety Code Section 438.034
Employee Cleanliness


A person handling food or unsealed food containers shall:


maintain personal cleanliness;


wear clean outer garments;


keep the person’s hands clean; and


wash the person’s hands and exposed portions of the person’s arms with soap and water:


before starting work;


during work as often as necessary to avoid cross-contaminating food; and


to maintain cleanliness, after smoking, eating, and each visit to the toilet.


A person handling food or unsealed food containers may not contact with bare hands exposed ready-to-eat food unless:


documentation is maintained at the food service establishment listing the foods and food handling activities that involve bare-hand contact; and


the food service establishment uses two or more of the following contamination control measures:


requiring employees to perform double hand washing;


requiring employees to use fingernail brushes while hand washing;


requiring employees to use a hand sanitizer after hand washing;


implementing an incentive program that encourages employees not to come to work when ill; and


any other contamination control measure approved by the regulatory authority.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1997, 75th Leg., ch. 1068, Sec. 2, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 926 (H.B. 3012), Sec. 2, eff. September 1, 2009.

Source: Section 438.034 — Employee Cleanliness, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­438.­htm#438.­034 (accessed Jun. 5, 2024).

Jun. 5, 2024

§ 438.034’s source at texas​.gov