Public Sanitation and Retail Food Safety Group ● PO Box 149347, Mail Code 1987 ● Austin, Texas 78714-9347
(512) 834-6753 ● Facsimile: (512) 834-6683 ● http://www.dshs.texas.gov/foodestablishments/
Pub # - 23-14843 Rev. 02/21/2017
PUBLIC SANITATION AND RETAIL FOOD SAFETY GROUP
REGULATORY CLARIFICATIONS
June 24, 2016 (Revised: February 21, 2017)
PSRFSGRC – No. 19
SUBJECT: Hair Restraints
Applicable Texas Food Establishment Rules (TFER) Sections:
§228.2 (56) Definition of Food employee
§228.2 (52) Definition of Food
§228.43 Hair Restraints
Question: Do all employees in a Food Establishment have to wear a hair
net?
Response:
Texas Food Establishment Rules (TFER) requires that FOOD EMPLOYEES wear hair
restraints that are designed and worn to effectively keep their hair from contacting
exposed food; clean equipment, utensils, and linens; and unwrapped single-service
or single-use articles. The purpose of this provision is both to prevent hair from
contacting food and food-contact surfaces and to deter FOOD EMPLOYEES from
touching their hair.
Support:
The definition of a food is a raw, cooked, or processed edible substance, ice,
beverage, or ingredient used or intended for use or for sale in whole or in part for
human consumption, or chewing gum. Anyone whom works with unpackaged food,
food equipment or utensils, or food-contact surfaces is considered a food employee.
TFER §228.43 states that food employees shall wear hair restraints such as hats,
hair coverings or nets, beard restraints, and clothing that covers body hair, that are
designed and worn to effectively keep their hair from contacting exposed food;
clean equipment, utensils, and linens; and unwrapped single-service and single-use
articles. It does not apply to food employees such as counter staff who only serve
TEXAS DEPARTMENT OF STATE HEALTH SERVICES
DIVISION FOR REGULATORY SERVICES
ENVIRONMENTAL AND CONSUMER SAFETY SECTION
POLICY, STANDARDS, AND QUALITY ASSURANCE UNIT
PUBLIC SANITATION AND RETAIL FOOD SAFETY GROUP
PSRFSGRC – No.19 Hair Restraints
April 1, 2016 (Revised February 21, 2017)
Page 2
Public Sanitation and Retail Food Safety Group ● PO Box 149347, Mail Code 1987 ● Austin, Texas 78714-9347
(512) 834-6753 ● Facsimile: (512) 834-6683 ● http://www.dshs.texas.gov/foodestablishments/
Pub #23 -14843 Rev. 02/21/2017
beverages and wrapped or packaged foods, hostesses, and wait staff if they present
a minimal risk of contaminating exposed food; clean equipment, utensils, and
linens; and unwrapped single-service and single-use articles.
What would be considered a hair restraint?
Hair restraints may include items such as hats, hair covering and nets, beard
restraints, and clothing that covers body hair. Depending on the hair style, they
may also include rubber bands and clips that effectively restrain the hair.
Does all hair need to be covered or restrained?
No. The rule requires hair be effectively restrained. For instance, if the hair style
(e.g., short hair) effectively keeps hair from contacting food or food-contact
surfaces and deters the FOOD EMPLOYEES from touching their hair, a hair restraint
is not required.
Are there any food employees who aren’t required to restrain their hair?
Yes. This provision does not apply to FOOD EMPLOYEES such as counter staff who
only serve beverages and wrapped or packaged foods, hostesses, and wait staff if
they present a minimal risk of contaminating exposed food; clean equipment,
utensils, and linens; and unwrapped single-service or single-use articles. This
exemption would apply to most wait staff, table bussers, bartenders, baristas,
grocery checkers and grocery courtesy clerks.
Can customers get sick if hair touches their food?
Although hair in food is a periodic source of customer complaints, it is unlikely that
customers will get sick from hair. Pathogenic Staphylococcus bacteria may be
present on the hair or scalp, but they are generally not in sufficient numbers to
cause foodborne illness. However, hair is an undesirable adulterant and all
reasonable steps should be taken to keep it out of food.
Agree to form and substance:
Christopher Sparks, MPA, R.S.
Manager
Public Sanitation and Retail Food Safety Group
This Regulatory Clarification preempts any previous clarification/guidance/policy
letters on this subject and remains in effect until superceded in writing by the Public
Sanitation and Retail Food Safety Group. Attributed use or reproduction of this
information is freely granted.
