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