{"id":"DUT-TX-018","kind":"duty","level":"state","jurisdiction":"Texas","state":"TX","metro":"","industry":"","agency":"","eco":"","issuer":"Texas Legislature (Health and Safety Code ch. 437, Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors)","authority":"Tex. Health \u0026 Safety Code §§ 437.002, 437.0145, 437.016","instrument":"Tex. Health \u0026 Safety Code § 437.0145 (with §§ 437.002 and 437.016)","title":"Emergency Suspension or Closing Order; Enforcement of State Law by County or Public Health District; Criminal Penalty","dateIssued":"1999-09-01","effective":"standing","end":"standing","startDate":"1999-09-01","endDate":"2021-09-30","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["CLOSE","DUTY","COND"],"addressees":["specified businesses (food service establishments, retail food stores, mobile food units, roadside food vendors, temporary food service establishments)"],"clause":"The department shall suspend the license of a food service establishment, retail food store... or order the immediate closing of the food service establishment... if: (1) the department finds the food service establishment... is operating in violation of the standards prescribed by this chapter; and (2) the violation creates an immediate threat to the health and safety of the public.","enforcement":"License suspension or immediate closure (§ 437.0145); injunction (§§ 437.015, 437.0155); Class C misdemeanor for operating without a county or district permit, each day a separate offense (§ 437.016); Class A misdemeanor for operating without a department permit (§ 437.0165); administrative penalty (§ 437.018)","functions":[],"notes":"Every food service establishment and retail food store operated on the condition of compliance with the chapter\u0027s sanitation standards and the Texas Food Establishment Rules adopted under it, with mandatory license suspension or immediate closure (\u0027shall suspend... or order the immediate closing\u0027) where a violation created an immediate threat to public health; counties and public health districts \u0027may enforce state law and rules adopted under state law concerning food service establishments\u0027 (§ 437.002(a)), and operating without a required local permit is a Class C misdemeanor with each day a separate offense (§ 437.016).","sourceUrl":"https://statutes.capitol.texas.gov/Docs/HS/htm/HS.437.htm","snapshot":"","fileExists":true,"fileBytes":918273,"grade":"primary","character":"sanitary_code_duty","description":"","collection":"DUT-TX","url":"/library/DUT-TX-018","exhibitUrl":"/exhibit/DUT-TX-018","citation":"Texas Legislature (Health and Safety Code ch. 437, Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors), Tex. Health \u0026 Safety Code § 437.0145 (with §§ 437.002 and 437.016) (standing) (Ex. DUT-TX-018)","stateName":"Texas","related":["TX-050","DUT-TX-019"]}