Enrolled Bill Summary

Senate Bill 81	Senate Author:  Nelson
Effective:  See below	House Sponsor:  Kolkhorst

            Senate Bill 81 amends the Health and Safety Code to, effective September 1, 2012, remove a person, firm, or corporation who ships raw fruits or vegetables from the persons exempt from licensure under the Texas Food, Drug, and Cosmetic Act as a food manufacturer, food wholesaler, or warehouse operator and to specify that a person, firm, or corporation that only harvests, packages, or washes raw fruits or vegetables for shipment at the location of harvest is exempt.  

            Senate Bill 81 establishes requirements for the Department of State Health Services (DSHS) in adopting rules relating to the minimum standards for granting and maintaining a license as a food manufacturer, food wholesaler, or warehouse operator. The bill requires DSHS to approve food safety best practice education programs for places of business licensed under the Texas Food, Drug, and Cosmetic Act. A business that completes an approved program will receive a certificate of completion, which an inspection authority is required to  consider when determining which places of business to inspect. The bill requires DSHS to provide certain information relating to a federal regulation adopted as a state rule under the Texas Food, Drug, and Cosmetic Act on the department's Internet website. The bill exempts a cottage food production operation from certain provisions relating to the regulation of food service establishments, retail food stores, mobile food units, and roadside food vendors; prohibits local health departments from regulating cottage food production operations; establishes labeling requirements for cottage food production operations; and prohibits a cottage food production operation from selling certain foods through the Internet. The bill establishes provisions relating to the regulation of food at farmers' markets under temporary food establishment permits issued by DSHS or a local health department and authorizes the executive commissioner of the Health and Human Services Commission by rule to adopt temperature requirements for food sold or prepared at or transported to or from a farmers' market. The bill authorizes the municipality in which the farmers' market is located to adopt rules specifying the method or methods that must be used to comply with the temperature control requirements but prohibits the executive commissioner or a state or local enforcement agency from mandating a specific method. The bill makes these provisions effective September 1, 2011.