(a) The executive commissioner by rule may establish requirements stricter than the requirements prescribed by § 438.003 for the display and sale of unpackaged foods if the transmission of a disease infestation or contamination is directly related to a method of displaying and selling unpackaged food authorized by this subchapter.
(b) The stricter requirement must be:
(1) adopted according to laboratory evidence supporting the specific relationship between the disease infestation or contamination and the method of dispensing the unpackaged food; and
(2) applied uniformly to all nonexempted food sources and dispensing methods.

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Terms Used In Texas Health and Safety Code 438.004

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Rule: includes regulation. See Texas Government Code 311.005