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.Tex. Health and Safety Code § 438.003
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. 9/1/1989.