By: Armbrister S.B. No. 560
A BILL TO BE ENTITLED
AN ACT
1-1 relating to correction of a reference in law to the name of the
1-2 former United States Bureau of Animal Industry.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 431.081, Health and Safety Code, is
1-5 amended to read as follows:
1-6 Sec. 431.081. Adulterated Food. A food shall be deemed to
1-7 be adulterated:
1-8 (a) if:
1-9 (1) it bears or contains any poisonous or deleterious
1-10 substance which may render it injurious to health; but in case the
1-11 substance is not an added substance the food shall not be
1-12 considered adulterated under this subdivision if the quantity of
1-13 the substance in the food does not ordinarily render it injurious
1-14 to health; or
1-15 (2) it:
1-16 (A) bears or contains any added poisonous or
1-17 added deleterious substance, other than one that is a pesticide
1-18 chemical in or on a raw agricultural commodity, a food additive, a
1-19 color additive, or a new animal drug which is unsafe within the
1-20 meaning of Section 431.161; or
1-21 (B) is a raw agricultural commodity and it bears
1-22 or contains a pesticide chemical which is unsafe within the meaning
1-23 of Section 431.161(a); or
1-24 (C) is, or it bears or contains, any food
2-1 additive which is unsafe within the meaning of Section 431.161(a);
2-2 provided, that where a pesticide chemical has been used in or on a
2-3 raw agricultural commodity in conformity with an exemption granted
2-4 or a tolerance prescribed under Section 431.161(a), and such raw
2-5 agricultural commodity has been subjected to processing such as
2-6 canning, cooking, freezing, dehydrating, or milling, the residue of
2-7 such pesticide chemical remaining in or on such processed food
2-8 shall, notwithstanding the provisions of Section 431.161 and
2-9 Section 409 of the federal Act, not be deemed unsafe if such
2-10 residue in or on the raw agricultural commodity has been removed to
2-11 the extent possible in good manufacturing practice, and the
2-12 concentration of such residue in the processed food, when ready to
2-13 eat, is not greater than the tolerance prescribed for the raw
2-14 agricultural commodity; or
2-15 (D) is, or it bears or contains, a new animal
2-16 drug, or a conversion product of a new animal drug, that is unsafe
2-17 under Section 512 of the federal Act; or
2-18 (3) it consists in whole or in part of a diseased,
2-19 contaminated, filthy, putrid, or decomposed substance, or if it is
2-20 otherwise unfit for foods; or
2-21 (4) it has been produced, prepared, packed or held
2-22 under unsanitary conditions whereby it may have become contaminated
2-23 with filth, or whereby it may have been rendered diseased,
2-24 unwholesome, or injurious to health; or
2-25 (5) it is, in whole or in part, the product of a
2-26 diseased animal, an animal which has died otherwise than by
2-27 slaughter, or an animal that has been fed upon the uncooked offal
3-1 from a slaughterhouse; or
3-2 (6) its container is composed, in whole or in part, of
3-3 any poisonous or deleterious substance which may render the
3-4 contents injurious to health; or
3-5 (7) it has been intentionally subjected to radiation,
3-6 unless the use of the radiation was in conformity with a regulation
3-7 or exemption in effect in accordance with Section 409 of the
3-8 federal Act;
3-9 (b) if:
3-10 (1) any valuable constituent has been in whole or in
3-11 part omitted or abstracted therefrom; or
3-12 (2) any substance has been substituted wholly or in
3-13 part therefor; or
3-14 (3) damage or inferiority has been concealed in any
3-15 manner; or
3-16 (4) any substance has been added thereto or mixed or
3-17 packed therewith so as to increase its bulk or weight, or reduce
3-18 its quality or strength or make it appear better or of greater
3-19 value than it is; or
3-20 (5) it contains saccharin, dulcin, glucin, or other
3-21 sugar substitutes except in dietary foods, and when so used shall
3-22 be declared; or
3-23 (6) it be fresh meat and it contains any chemical
3-24 substance containing sulphites, sulphur dioxide, or any other
3-25 chemical preservative which is not approved by the United States
3-26 Department of Agriculture, the Animal Plant Health Inspection
3-27 Service (A.P.H.I.S.) <Bureau of Animal Industry> or by rules of the
4-1 board;
4-2 (c) if it is, or it bears or contains, a color additive that
4-3 is unsafe under Section 431.161(a); or
4-4 (d) if it is confectionery and:
4-5 (1) has any nonnutritive object partially or
4-6 completely imbedded in it; provided, that this subdivision does not
4-7 apply if, in accordance with rules of the board, the object is of
4-8 practical, functional value to the confectionery product and would
4-9 not render the product injurious or hazardous to health;
4-10 (2) bears or contains any alcohol, other than alcohol
4-11 not in excess of five percent by volume. Any confectionery that
4-12 bears or contains any alcohol in excess of one-half of one percent
4-13 by volume derived solely from the use of flavoring extracts and
4-14 less than five percent by volume:
4-15 (A) may not be sold to persons under the legal
4-16 age necessary to consume an alcoholic beverage in this state;
4-17 (B) must be labeled with a conspicuous, readily
4-18 legible statement that reads, "Sale of this product to a person
4-19 under the legal age necessary to consume an alcoholic beverage is
4-20 prohibited";
4-21 (C) may not be sold in a form containing liquid
4-22 alcohol such that it is capable of use for beverage purposes as
4-23 that term is used in the Alcoholic Beverage Code;
4-24 (D) may not be sold through a vending machine;
4-25 (E) must be labeled with a conspicuous, readily
4-26 legible statement that the product contains not more than five
4-27 percent alcohol by volume; and
5-1 (F) may not be sold in a business establishment
5-2 which derives less than 50 percent of its gross sales from the sale
5-3 of confectioneries; or
5-4 (3) bears or contains any nonnutritive substance;
5-5 provided, that this subdivision does not apply to a nonnutritive
5-6 substance that is in or on the confectionery by reason of its use
5-7 for a practical, functional purpose in the manufacture, packaging,
5-8 or storage of the confectionery if the use of the substance does
5-9 not promote deception of the consumer or otherwise result in
5-10 adulteration or misbranding in violation of this chapter; and
5-11 provided further, that the board may for the purpose of avoiding or
5-12 resolving uncertainty as to the application of this subdivision,
5-13 adopt rules allowing or prohibiting the use of particular
5-14 nonnutritive substances.
5-15 SECTION 2. This Act takes effect September 1, 1993.
5-16 SECTION 3. The importance of this legislation and the
5-17 crowded condition of the calendars in both houses create an
5-18 emergency and an imperative public necessity that the
5-19 constitutional rule requiring bills to be read on three several
5-20 days in each house be suspended, and this rule is hereby suspended.