IN GENERAL
Houston Code of Ordinances ch. 20, art. I
in effectHouston Code of Ordinances § 20-2 Condemnation and disposition of contaminated food.
Sec. 20-2. - Condemnation and disposition of contaminated food.
(1) The health officer is authorized and directed to take action as may be reasonably necessary to protect the public health, safety and welfare by condemning or initiating the condemnation of any food or drug product or item of food equipment that may be used or held with intent to sell, offer or expose for sale within the city that is suspected to be unsafe, adulterated, misbranded or expired pursuant to applicable ordinances or state or federal laws, rules and regulations.
(2) Expiration of ready-to-eat time/temperature controlled for safety (TCS) food items that are required to be time and date marked as provided under section 3-501.17(A) of the U.S. Food and Drug Administration Food Code, 2022 ('FDA Model Food Code') shall be determined from the markings. Food that is not from an approved source as specified under section 3-201.11-17 of the FDA Model Food Code shall be discarded.
(3) Ready-to-eat food that may have been contaminated by an employee who has been restricted or excluded as specified under section 2-201.12 of the FDA Model Food Code shall be discarded.
(4) Food that is contaminated by food employees, consumers, or other persons through contact with their hands, bodily discharges, such as nasal or oral discharges, or other means shall be discarded.
(5) Pending disposition, the health officer may direct that the product or item not be used or sold by causing the same to be appropriately tagged if he finds upon diligent inquiry and inspection that the product or item poses an immediate threat of danger to the health, safety and welfare of the public and if the owner or person in possession thereof is afforded the right of a public hearing thereon within 24 hours, exclusive of Saturdays, Sundays and holidays observed by the closure of city offices, before the director of public health or his designee.
(6) The health officer may utilize the resources of all available state, county or federal offices and agencies as necessary or desirable in the prosecution of condemnation actions hereunder.
(Ord. No. 99-1346, § 1, 12-15-99; Ord. No. 07-1051, § 1, 9-12-07; Ord. No. 2015-1202, § 96, 12-2-2015; Ord. No. 2025-743, § 3, 8-27-2025)
Houston Code of Ordinances § 20-3 State and federal laws, regulations.
Sec. 20-3. - State and federal laws, regulations.
In addition to the enforcement of this chapter, the health officer may enforce the provisions of applicable state or federal laws, rules or regulations to the extent that he has been so authorized or is permitted by law to do so, and he shall refer those matters involving state or federal laws, rules or regulations that he is not authorized to enforce to the state or federal office or agency having jurisdiction. The health officer may promulgate rules, regulations and forms in administering this chapter.
(Ord. No. 99-1346, § 1, 12-15-99; Ord. No. 07-1051, § 1, 9-12-07)
Houston Code of Ordinances § 20-4 Charity bake sales.
Sec. 20-4. - Charity bake sales.
Notwithstanding any provision of this chapter to the contrary, food prepared in a kitchen of a private home that is not licensed hereunder may be offered for sale for human consumption without any food permit, subject to full compliance with the following requirements:
(1) The items offered for sale shall be limited to foods that are not time/temperature controlled for safety (TCS) food, such as baked goods;
(2) The sale shall not be conducted in a food establishment;
(3) The consumer is informed by a clearly visible label. The label shall include:
a. The name and physical address of the cottage food production operation;
b. The common or usual name of the product;
c. Disclosure of any major food allergens, such as eggs, nuts, sesame, soy, peanuts, milk, wheat, fish, or shellfish used in the product; and
d. The following statement: 'This food is made in a home kitchen and is not inspected by the Department of State Health Services or a local health department.
(Ord. No. 99-1346, § 1, 12-15-99; Ord. No. 2015-1202, § 2, 12-2-2015; Ord. No. 2025-743, § 4, 8-27-2025)
Source: City of Houston, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=COOR_CH20FODR_ARTIINGEFetched: 10/26/2026