State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-6-food-drugs-alcohol-and-hazardous-substances > Chapter-434-public-health-provisions-relating-to-production-of-baked-goods

HEALTH AND SAFETY CODE

TITLE 6. FOOD, DRUGS, ALCOHOL, AND HAZARDOUS SUBSTANCES

SUBTITLE A. FOOD AND DRUG HEALTH REGULATIONS

CHAPTER 434. PUBLIC HEALTH PROVISIONS RELATING TO PRODUCTION OF

BAKED GOODS

SUBCHAPTER A. BAKERIES

Sec. 434.001. DEFINITION. In this subchapter "bakery" means a

business producing, preparing, storing, or displaying bakery

products intended for sale for human consumption.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 434.002. BAKERY REQUIREMENTS. (a) A building used or

occupied as a bakery shall be clean and properly lighted,

drained, and ventilated.

(b) A bakery shall have adequate plumbing and drainage

facilities, including suitable wash sinks and restroom

facilities. Restroom facilities shall be separate from the rooms

in which the bakery products are produced or handled. Each wash

sink area and restroom facility shall be clean, sanitary, well

lit, and ventilated.

(c) The floors, walls, and ceilings of a room in which dough is

mixed or handled, pastry is prepared for baking, or bakery

products or the ingredients of those products are otherwise

handled or stored shall be clean, wholesome, and sanitary. Each

opening into the room, including a window or door, shall be

properly screened or otherwise protected to exclude flies.

(d) A showcase, shelf, or other place from which bakery products

are sold shall at all times be clean, wholesome, covered,

properly ventilated, and protected from dust and flies.

(e) A workroom may not be used for purposes other than those

directly connected with the preparation, baking, storage, or

handling of food. A workroom may not be used as a washing,

sleeping, or living room and shall at all times be kept separate

and closed from living and sleeping rooms.

(f) Each bakery shall provide, separate from the workrooms, a

dressing room for the changing and hanging of wearing apparel.

Each dressing room shall be kept clean at all times.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 434.003. SANITARY REQUIREMENTS. (a) A person may not sit

or lie on any table, bench, trough, or shelf intended for dough

or bakery products.

(b) Animals or fowl may not be kept or allowed in any bakery or

other place where bakery products are produced or stored.

(c) A person engaged in the preparation or handling of bakery

products shall wash the person's arms and hands thoroughly before

beginning the preparation, mixing, or handling of ingredients

used in baking. A bakery shall provide sufficient soap,

washbasins, and clean towels for that purpose.

(d) A person may not use tobacco in any form in any room in

which a bakery product is manufactured, wrapped, or prepared for

sale.

(e) A person with a communicable disease may not work in a

bakery, handle any product in the bakery, or deliver a product

from the bakery.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 434.004. WHOLESOME INGREDIENTS REQUIRED. (a) Materials

used in the production or preparation of bakery products shall be

stored, handled, and maintained in a manner that protects the

materials from spoiling and contamination. Materials may not be

used if spoiled, contaminated, or otherwise likely to make the

bakery product unwholesome or unfit as food.

(b) The ingredients used in the production of bakery products

and the sale or offering for sale of those products shall comply

with the laws relating to the adulteration and misbranding of

food. Ingredients may not be used that may make the bakery

product injurious to health.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 434.005. REQUIREMENTS FOR TRANSPORTATION OF BAKERY

PRODUCTS. A vehicle, box, basket, or other receptacle in which

bakery products are transported shall at all times be kept clean

and free from dust, flies, or other contaminants.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 434.006. STORAGE RECEPTACLE REQUIREMENTS. (a) A box or

other receptacle for the storage or receipt of bakery products

shall be:

(1) constructed and placed to be free from contamination from

streets, alleys, and sidewalks;

(2) raised at least 10 inches above the level of the street or

sidewalk; and

(3) clean and sanitary.

(b) Bread may not be placed in a storage box with other food

except other bakery products.

(c) A storage box shall be equipped with a private lock and

shall be kept locked except when opened to receive or remove

bakery products or when being cleaned.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 434.007. WEIGHT STANDARDS FOR BREAD LOAVES. (a) Loaves of

bread made by persons in the business of wholesaling and

retailing bread must comply with the weight standards in this

section.

(b) The standard weights for a loaf of bread are:

(1) one pound;

(2) 1-1/2 pounds; or

(3) any other multiple of one pound.

(c) This section does not prohibit the sale of bread slices in

properly labeled packages weighing eight ounces or less.

(d) Variations in the weight standard may not exceed one ounce a

pound within 24 hours after baking.

(e) This section does not affect the authority of the Department

of Agriculture under Subchapter B, Chapter 13, Agriculture Code.

(f) This section does not apply to a food service establishment

as defined under Chapter 437 or a food establishment licensed

under Chapter 431 as a food manufacturer.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1999, 76th Leg., ch. 1534, Sec. 1, eff. Sept. 1,

1999.

Sec. 434.008. CRIMINAL PENALTY. (a) A person who violates this

subchapter commits an offense.

(b) An offense under this section is punishable by a fine of not

less than $25 or more than $200.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

SUBCHAPTER B. ADULTERATED INGREDIENTS

Sec. 434.021. BAKING POWDER. Baking powder that contains less

than 10 percent of available carbon dioxide is adulterated.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 434.022. SELF-RISING FLOUR. (a) In this section,

"self-rising flour" means a combination of flour, salt, and

chemical leavening ingredients. The flour must be at least of the

"straight" grade, and the chemical leavening ingredients must be

bicarbonate of soda and:

(1) calcium acid phosphate;

(2) sodium aluminum sulphate;

(3) cream of tartar;

(4) tartaric acid; or

(5) a combination of those ingredients.

(b) A self-rising flour or other compound by that name must

produce when sold not less than one-half percent by weight of

available carbon dioxide gas and may not contain more than 3-1/2

percent chemical leavening ingredients.

(c) A self-rising flour or other compound by that name that does

not meet the requirements of Subsection (b) is adulterated.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-6-food-drugs-alcohol-and-hazardous-substances > Chapter-434-public-health-provisions-relating-to-production-of-baked-goods

HEALTH AND SAFETY CODE

TITLE 6. FOOD, DRUGS, ALCOHOL, AND HAZARDOUS SUBSTANCES

SUBTITLE A. FOOD AND DRUG HEALTH REGULATIONS

CHAPTER 434. PUBLIC HEALTH PROVISIONS RELATING TO PRODUCTION OF

BAKED GOODS

SUBCHAPTER A. BAKERIES

Sec. 434.001. DEFINITION. In this subchapter "bakery" means a

business producing, preparing, storing, or displaying bakery

products intended for sale for human consumption.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 434.002. BAKERY REQUIREMENTS. (a) A building used or

occupied as a bakery shall be clean and properly lighted,

drained, and ventilated.

(b) A bakery shall have adequate plumbing and drainage

facilities, including suitable wash sinks and restroom

facilities. Restroom facilities shall be separate from the rooms

in which the bakery products are produced or handled. Each wash

sink area and restroom facility shall be clean, sanitary, well

lit, and ventilated.

(c) The floors, walls, and ceilings of a room in which dough is

mixed or handled, pastry is prepared for baking, or bakery

products or the ingredients of those products are otherwise

handled or stored shall be clean, wholesome, and sanitary. Each

opening into the room, including a window or door, shall be

properly screened or otherwise protected to exclude flies.

(d) A showcase, shelf, or other place from which bakery products

are sold shall at all times be clean, wholesome, covered,

properly ventilated, and protected from dust and flies.

(e) A workroom may not be used for purposes other than those

directly connected with the preparation, baking, storage, or

handling of food. A workroom may not be used as a washing,

sleeping, or living room and shall at all times be kept separate

and closed from living and sleeping rooms.

(f) Each bakery shall provide, separate from the workrooms, a

dressing room for the changing and hanging of wearing apparel.

Each dressing room shall be kept clean at all times.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 434.003. SANITARY REQUIREMENTS. (a) A person may not sit

or lie on any table, bench, trough, or shelf intended for dough

or bakery products.

(b) Animals or fowl may not be kept or allowed in any bakery or

other place where bakery products are produced or stored.

(c) A person engaged in the preparation or handling of bakery

products shall wash the person's arms and hands thoroughly before

beginning the preparation, mixing, or handling of ingredients

used in baking. A bakery shall provide sufficient soap,

washbasins, and clean towels for that purpose.

(d) A person may not use tobacco in any form in any room in

which a bakery product is manufactured, wrapped, or prepared for

sale.

(e) A person with a communicable disease may not work in a

bakery, handle any product in the bakery, or deliver a product

from the bakery.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 434.004. WHOLESOME INGREDIENTS REQUIRED. (a) Materials

used in the production or preparation of bakery products shall be

stored, handled, and maintained in a manner that protects the

materials from spoiling and contamination. Materials may not be

used if spoiled, contaminated, or otherwise likely to make the

bakery product unwholesome or unfit as food.

(b) The ingredients used in the production of bakery products

and the sale or offering for sale of those products shall comply

with the laws relating to the adulteration and misbranding of

food. Ingredients may not be used that may make the bakery

product injurious to health.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 434.005. REQUIREMENTS FOR TRANSPORTATION OF BAKERY

PRODUCTS. A vehicle, box, basket, or other receptacle in which

bakery products are transported shall at all times be kept clean

and free from dust, flies, or other contaminants.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 434.006. STORAGE RECEPTACLE REQUIREMENTS. (a) A box or

other receptacle for the storage or receipt of bakery products

shall be:

(1) constructed and placed to be free from contamination from

streets, alleys, and sidewalks;

(2) raised at least 10 inches above the level of the street or

sidewalk; and

(3) clean and sanitary.

(b) Bread may not be placed in a storage box with other food

except other bakery products.

(c) A storage box shall be equipped with a private lock and

shall be kept locked except when opened to receive or remove

bakery products or when being cleaned.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 434.007. WEIGHT STANDARDS FOR BREAD LOAVES. (a) Loaves of

bread made by persons in the business of wholesaling and

retailing bread must comply with the weight standards in this

section.

(b) The standard weights for a loaf of bread are:

(1) one pound;

(2) 1-1/2 pounds; or

(3) any other multiple of one pound.

(c) This section does not prohibit the sale of bread slices in

properly labeled packages weighing eight ounces or less.

(d) Variations in the weight standard may not exceed one ounce a

pound within 24 hours after baking.

(e) This section does not affect the authority of the Department

of Agriculture under Subchapter B, Chapter 13, Agriculture Code.

(f) This section does not apply to a food service establishment

as defined under Chapter 437 or a food establishment licensed

under Chapter 431 as a food manufacturer.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1999, 76th Leg., ch. 1534, Sec. 1, eff. Sept. 1,

1999.

Sec. 434.008. CRIMINAL PENALTY. (a) A person who violates this

subchapter commits an offense.

(b) An offense under this section is punishable by a fine of not

less than $25 or more than $200.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

SUBCHAPTER B. ADULTERATED INGREDIENTS

Sec. 434.021. BAKING POWDER. Baking powder that contains less

than 10 percent of available carbon dioxide is adulterated.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 434.022. SELF-RISING FLOUR. (a) In this section,

"self-rising flour" means a combination of flour, salt, and

chemical leavening ingredients. The flour must be at least of the

"straight" grade, and the chemical leavening ingredients must be

bicarbonate of soda and:

(1) calcium acid phosphate;

(2) sodium aluminum sulphate;

(3) cream of tartar;

(4) tartaric acid; or

(5) a combination of those ingredients.

(b) A self-rising flour or other compound by that name must

produce when sold not less than one-half percent by weight of

available carbon dioxide gas and may not contain more than 3-1/2

percent chemical leavening ingredients.

(c) A self-rising flour or other compound by that name that does

not meet the requirements of Subsection (b) is adulterated.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.


State Codes and Statutes


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State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-6-food-drugs-alcohol-and-hazardous-substances > Chapter-434-public-health-provisions-relating-to-production-of-baked-goods

HEALTH AND SAFETY CODE

TITLE 6. FOOD, DRUGS, ALCOHOL, AND HAZARDOUS SUBSTANCES

SUBTITLE A. FOOD AND DRUG HEALTH REGULATIONS

CHAPTER 434. PUBLIC HEALTH PROVISIONS RELATING TO PRODUCTION OF

BAKED GOODS

SUBCHAPTER A. BAKERIES

Sec. 434.001. DEFINITION. In this subchapter "bakery" means a

business producing, preparing, storing, or displaying bakery

products intended for sale for human consumption.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 434.002. BAKERY REQUIREMENTS. (a) A building used or

occupied as a bakery shall be clean and properly lighted,

drained, and ventilated.

(b) A bakery shall have adequate plumbing and drainage

facilities, including suitable wash sinks and restroom

facilities. Restroom facilities shall be separate from the rooms

in which the bakery products are produced or handled. Each wash

sink area and restroom facility shall be clean, sanitary, well

lit, and ventilated.

(c) The floors, walls, and ceilings of a room in which dough is

mixed or handled, pastry is prepared for baking, or bakery

products or the ingredients of those products are otherwise

handled or stored shall be clean, wholesome, and sanitary. Each

opening into the room, including a window or door, shall be

properly screened or otherwise protected to exclude flies.

(d) A showcase, shelf, or other place from which bakery products

are sold shall at all times be clean, wholesome, covered,

properly ventilated, and protected from dust and flies.

(e) A workroom may not be used for purposes other than those

directly connected with the preparation, baking, storage, or

handling of food. A workroom may not be used as a washing,

sleeping, or living room and shall at all times be kept separate

and closed from living and sleeping rooms.

(f) Each bakery shall provide, separate from the workrooms, a

dressing room for the changing and hanging of wearing apparel.

Each dressing room shall be kept clean at all times.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 434.003. SANITARY REQUIREMENTS. (a) A person may not sit

or lie on any table, bench, trough, or shelf intended for dough

or bakery products.

(b) Animals or fowl may not be kept or allowed in any bakery or

other place where bakery products are produced or stored.

(c) A person engaged in the preparation or handling of bakery

products shall wash the person's arms and hands thoroughly before

beginning the preparation, mixing, or handling of ingredients

used in baking. A bakery shall provide sufficient soap,

washbasins, and clean towels for that purpose.

(d) A person may not use tobacco in any form in any room in

which a bakery product is manufactured, wrapped, or prepared for

sale.

(e) A person with a communicable disease may not work in a

bakery, handle any product in the bakery, or deliver a product

from the bakery.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 434.004. WHOLESOME INGREDIENTS REQUIRED. (a) Materials

used in the production or preparation of bakery products shall be

stored, handled, and maintained in a manner that protects the

materials from spoiling and contamination. Materials may not be

used if spoiled, contaminated, or otherwise likely to make the

bakery product unwholesome or unfit as food.

(b) The ingredients used in the production of bakery products

and the sale or offering for sale of those products shall comply

with the laws relating to the adulteration and misbranding of

food. Ingredients may not be used that may make the bakery

product injurious to health.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 434.005. REQUIREMENTS FOR TRANSPORTATION OF BAKERY

PRODUCTS. A vehicle, box, basket, or other receptacle in which

bakery products are transported shall at all times be kept clean

and free from dust, flies, or other contaminants.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 434.006. STORAGE RECEPTACLE REQUIREMENTS. (a) A box or

other receptacle for the storage or receipt of bakery products

shall be:

(1) constructed and placed to be free from contamination from

streets, alleys, and sidewalks;

(2) raised at least 10 inches above the level of the street or

sidewalk; and

(3) clean and sanitary.

(b) Bread may not be placed in a storage box with other food

except other bakery products.

(c) A storage box shall be equipped with a private lock and

shall be kept locked except when opened to receive or remove

bakery products or when being cleaned.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 434.007. WEIGHT STANDARDS FOR BREAD LOAVES. (a) Loaves of

bread made by persons in the business of wholesaling and

retailing bread must comply with the weight standards in this

section.

(b) The standard weights for a loaf of bread are:

(1) one pound;

(2) 1-1/2 pounds; or

(3) any other multiple of one pound.

(c) This section does not prohibit the sale of bread slices in

properly labeled packages weighing eight ounces or less.

(d) Variations in the weight standard may not exceed one ounce a

pound within 24 hours after baking.

(e) This section does not affect the authority of the Department

of Agriculture under Subchapter B, Chapter 13, Agriculture Code.

(f) This section does not apply to a food service establishment

as defined under Chapter 437 or a food establishment licensed

under Chapter 431 as a food manufacturer.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1999, 76th Leg., ch. 1534, Sec. 1, eff. Sept. 1,

1999.

Sec. 434.008. CRIMINAL PENALTY. (a) A person who violates this

subchapter commits an offense.

(b) An offense under this section is punishable by a fine of not

less than $25 or more than $200.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

SUBCHAPTER B. ADULTERATED INGREDIENTS

Sec. 434.021. BAKING POWDER. Baking powder that contains less

than 10 percent of available carbon dioxide is adulterated.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 434.022. SELF-RISING FLOUR. (a) In this section,

"self-rising flour" means a combination of flour, salt, and

chemical leavening ingredients. The flour must be at least of the

"straight" grade, and the chemical leavening ingredients must be

bicarbonate of soda and:

(1) calcium acid phosphate;

(2) sodium aluminum sulphate;

(3) cream of tartar;

(4) tartaric acid; or

(5) a combination of those ingredients.

(b) A self-rising flour or other compound by that name must

produce when sold not less than one-half percent by weight of

available carbon dioxide gas and may not contain more than 3-1/2

percent chemical leavening ingredients.

(c) A self-rising flour or other compound by that name that does

not meet the requirements of Subsection (b) is adulterated.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.


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