criminal-law civil-law texas
tampering with food and drink
<p>Is it illegal if someone put something in an ice maker at work. I brought it up to someone and we KNOW who did it. And can prove it. But there was a metallic taste to it and was stuff floating in the water. I cleaned a couple days ago and it was fine until now. This happened in League City, Texas 77573. 
Thanks</p>

<p>Under Texas law, it may be <a href="https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm#22.09" rel="nofollow noreferrer">tampering with a consumer product</a>, a second-degree felony.  This depends on exactly what was added (it needs to be something that's harmful, not merely something that tastes bad), and how accessible the ice maker is (it needs to be accessible to "the public").</p>

<p>You might be able to stretch 431.021(h) of the <a href="https://statutes.capitol.texas.gov/Docs/HS/htm/HS.431.htm#431.021" rel="nofollow noreferrer">Food, Drug, and Cosmetic Act</a> (manufacturing adulterated food) to cover it: it certainly meets the 431.081 definition of "adulterated food".  This would be a class A misdemeanor.</p>

<p>Other than that, Texas doesn't appear to have any laws covering tampering with food or drink.</p>

<p>In principle, you could sue for battery, if they intentionally did something to cause offensive of harmful contact and the contact actually occurred. You would have to not just prove that they did something that had that effect, you would have to show that they intended to cause that effect (i.e. it wasn't an accident). Battery does include mixing offensive stuff into food or drink, and doesn't mean "beating the daylights out of a person". You would need to prove in court that the person did the act, and had the intent to cause harm or offense, and that a reasonable person would find the result harmful or offensive.</p>
