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A BILL TO BE ENTITLED
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AN ACT
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relating to the marketing and sale of catfish and similar fish by |
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food service establishments; providing administrative and civil |
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penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 436, Health and Safety Code, is amended |
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by adding Subchapter J to read as follows: |
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SUBCHAPTER J. MARKETING AND SALE OF CATFISH AND |
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FISH SIMILAR TO CATFISH |
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Sec. 436.151. DEFINITIONS. In this subchapter: |
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(1) "Catfish" means any species of the scientific |
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family Ictaluridae. The term does not include any species of the |
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scientific genus Pangasius, family Clariidae or family Siluridae, |
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including Swai fish. |
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(2) "Food service establishment" has the meaning |
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assigned by Section 437.001. |
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(3) "Menu board" means a posted list or pictorial |
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display of food items offered for sale by a food service |
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establishment. |
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Sec. 436.152. REQUIREMENTS FOR FOOD SERVICE |
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ESTABLISHMENTS. (a) A food service establishment that offers a |
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food product for sale may represent and identify the product as |
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catfish only if the product contains catfish and does not contain |
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another fish similar to catfish. |
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(b) A food service establishment that offers for sale a food |
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product containing a fish similar to catfish that is not catfish: |
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(1) may not represent the product as catfish; and |
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(2) shall conspicuously identify the type of fish |
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contained in the product in the description of the product on the |
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establishment's menu or menu board. |
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Sec. 436.153. ADMINISTRATIVE PENALTY. (a) The department, |
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or a public health district or county that under Chapter 437 |
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requires a food service establishment to obtain a permit, may |
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impose an administrative penalty against a food service |
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establishment that violates this subchapter or a rule adopted under |
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this subchapter. |
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(b) The penalty for a violation may be in an amount not to |
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exceed: |
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(1) $250 for a food service establishment with gross |
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annual food sales of less than $50,000; |
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(2) $500 for a food service establishment with gross |
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annual food sales of at least $50,000 but less than $145,000; and |
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(3) $750 for a food service establishment with gross |
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annual food sales of at least $145,000. |
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(c) Each day a violation continues or occurs is a separate |
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violation for purposes of imposing a penalty. |
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Sec. 436.154. CIVIL PENALTY. (a) A food service |
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establishment that violates this subchapter or a rule adopted under |
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this subchapter is liable to this state, or a public health district |
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or county that under Chapter 437 requires the food service |
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establishment to obtain a permit, for a civil penalty in an amount |
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not to exceed: |
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(1) $250 for a food service establishment with gross |
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annual food sales of less than $50,000; |
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(2) $500 for a food service establishment with gross |
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annual food sales of at least $50,000 but less than $145,000; and |
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(3) $750 for a food service establishment with gross |
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annual food sales of at least $145,000. |
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(b) Each day a violation continues or occurs is a separate |
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violation for purposes of imposing a penalty. |
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(c) The attorney general, the district or county attorney |
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for the county, or the municipal attorney of the municipality in |
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which the violation is alleged to have occurred may bring an action |
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to recover a civil penalty under this section. |
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SECTION 2. This Act takes effect September 1, 2023. |