Sec. 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.
Added by Acts 2021, 87th Leg., R.S., Ch. 242 (H.B. 1276), Sec. 1, eff. June 4, 2021.