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.