Sec. 438.002.  EXEMPTIONS.  This subchapter does not apply to:
(1)  a beverage; 
(2)  fresh fruit or vegetables; 
(3)  food that is intended to be shelled or cooked before consumption;  or
(4)  food, such as milk products, eggs, meat, poultry, fish, or shellfish, that is capable of supporting rapid and progressive growth of infectious or toxic microorganisms.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.