Texas § 438.034 EMPLOYEE CLEANLINESS.

Texas Statutes

§ 438.034 — EMPLOYEE CLEANLINESS.

Texas § 438.034

Code HSHealth and Safety Code

This text of Texas § 438.034 (EMPLOYEE CLEANLINESS.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Health and Safety Code Code Ann. § 438.034 (2026).

Text

Sec. 438.034. EMPLOYEE CLEANLINESS.

(a)A person handling food or unsealed food containers shall:

(1)maintain personal cleanliness;

(2)wear clean outer garments;

(3)keep the person's hands clean; and

(4)wash the person's hands and exposed portions of the person's arms with soap and water:

(A)before starting work;

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

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

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

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

(2)the food service establishment uses two or more

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Sec. 438.034. EMPLOYEE CLEANLINESS. (a) A person handling food or unsealed food containers shall:
(1) maintain personal cleanliness;
(2) wear clean outer garments;
(3) keep the person's hands clean; and
(4) wash the person's hands and exposed portions of the person's arms with soap and water:
(A) before starting work;
(B) during work as often as necessary to avoid cross-contaminating food; and
(C) to maintain cleanliness, after smoking, eating, and each visit to the toilet.
(b) A person handling food or unsealed food containers may not contact with bare hands exposed ready-to-eat food unless:
(1) documentation is maintained at the food service establishment listing the foods and food handling activities that involve bare-hand contact; and
(2) the food service establishment uses two or more of the following contamination control measures:
(A) requiring employees to perform double hand washing;
(B) requiring employees to use fingernail brushes while hand washing;
(C) requiring employees to use a hand sanitizer after hand washing;
(D) implementing an incentive program that encourages employees not to come to work when ill; and
(E) any other contamination control measure approved by the regulatory authority.

Legislative History

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.