By: Armbrister S.B. No. 560
73R908 MLR-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to correction of a reference in law to the name of the
1-3 former United States Bureau of Animal Industry.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 431.081, Health and Safety Code, is
1-6 amended to read as follows:
1-7 Sec. 431.081. Adulterated Food. A food shall be deemed to
1-8 be adulterated:
1-9 (a) if:
1-10 (1) it bears or contains any poisonous or deleterious
1-11 substance which may render it injurious to health; but in case the
1-12 substance is not an added substance the food shall not be
1-13 considered adulterated under this subdivision if the quantity of
1-14 the substance in the food does not ordinarily render it injurious
1-15 to health; or
1-16 (2) it:
1-17 (A) bears or contains any added poisonous or
1-18 added deleterious substance, other than one that is a pesticide
1-19 chemical in or on a raw agricultural commodity, a food additive, a
1-20 color additive, or a new animal drug which is unsafe within the
1-21 meaning of Section 431.161; or
1-22 (B) is a raw agricultural commodity and it bears
1-23 or contains a pesticide chemical which is unsafe within the meaning
1-24 of Section 431.161(a); or
2-1 (C) is, or it bears or contains, any food
2-2 additive which is unsafe within the meaning of Section 431.161(a);
2-3 provided, that where a pesticide chemical has been used in or on a
2-4 raw agricultural commodity in conformity with an exemption granted
2-5 or a tolerance prescribed under Section 431.161(a), and such raw
2-6 agricultural commodity has been subjected to processing such as
2-7 canning, cooking, freezing, dehydrating, or milling, the residue of
2-8 such pesticide chemical remaining in or on such processed food
2-9 shall, notwithstanding the provisions of Section 431.161 and
2-10 Section 409 of the federal Act, not be deemed unsafe if such
2-11 residue in or on the raw agricultural commodity has been removed to
2-12 the extent possible in good manufacturing practice, and the
2-13 concentration of such residue in the processed food, when ready to
2-14 eat, is not greater than the tolerance prescribed for the raw
2-15 agricultural commodity; or
2-16 (D) is, or it bears or contains, a new animal
2-17 drug, or a conversion product of a new animal drug, that is unsafe
2-18 under Section 512 of the federal Act; or
2-19 (3) it consists in whole or in part of a diseased,
2-20 contaminated, filthy, putrid, or decomposed substance, or if it is
2-21 otherwise unfit for foods; or
2-22 (4) it has been produced, prepared, packed or held
2-23 under unsanitary conditions whereby it may have become contaminated
2-24 with filth, or whereby it may have been rendered diseased,
2-25 unwholesome, or injurious to health; or
2-26 (5) it is, in whole or in part, the product of a
2-27 diseased animal, an animal which has died otherwise than by
3-1 slaughter, or an animal that has been fed upon the uncooked offal
3-2 from a slaughterhouse; or
3-3 (6) its container is composed, in whole or in part, of
3-4 any poisonous or deleterious substance which may render the
3-5 contents injurious to health; or
3-6 (7) it has been intentionally subjected to radiation,
3-7 unless the use of the radiation was in conformity with a regulation
3-8 or exemption in effect in accordance with Section 409 of the
3-9 federal Act;
3-10 (b) if:
3-11 (1) any valuable constituent has been in whole or in
3-12 part omitted or abstracted therefrom; or
3-13 (2) any substance has been substituted wholly or in
3-14 part therefor; or
3-15 (3) damage or inferiority has been concealed in any
3-16 manner; or
3-17 (4) any substance has been added thereto or mixed or
3-18 packed therewith so as to increase its bulk or weight, or reduce
3-19 its quality or strength or make it appear better or of greater
3-20 value than it is; or
3-21 (5) it contains saccharin, dulcin, glucin, or other
3-22 sugar substitutes except in dietary foods, and when so used shall
3-23 be declared; or
3-24 (6) it be fresh meat and it contains any chemical
3-25 substance containing sulphites, sulphur dioxide, or any other
3-26 chemical preservative which is not approved by the United States
3-27 Department of Agriculture, the Animal Plant Health Inspection
4-1 Service (A.P.H.I.S.) <Bureau of Animal Industry> or by rules of the
4-2 board;
4-3 (c) if it is, or it bears or contains, a color additive that
4-4 is unsafe under Section 431.161(a); or
4-5 (d) if it is confectionery and:
4-6 (1) has any nonnutritive object partially or
4-7 completely imbedded in it; provided, that this subdivision does not
4-8 apply if, in accordance with rules of the board, the object is of
4-9 practical, functional value to the confectionery product and would
4-10 not render the product injurious or hazardous to health;
4-11 (2) bears or contains any alcohol, other than alcohol
4-12 not in excess of five percent by volume. Any confectionery that
4-13 bears or contains any alcohol in excess of one-half of one percent
4-14 by volume derived solely from the use of flavoring extracts and
4-15 less than five percent by volume:
4-16 (A) may not be sold to persons under the legal
4-17 age necessary to consume an alcoholic beverage in this state;
4-18 (B) must be labeled with a conspicuous, readily
4-19 legible statement that reads, "Sale of this product to a person
4-20 under the legal age necessary to consume an alcoholic beverage is
4-21 prohibited";
4-22 (C) may not be sold in a form containing liquid
4-23 alcohol such that it is capable of use for beverage purposes as
4-24 that term is used in the Alcoholic Beverage Code;
4-25 (D) may not be sold through a vending machine;
4-26 (E) must be labeled with a conspicuous, readily
4-27 legible statement that the product contains not more than five
5-1 percent alcohol by volume; and
5-2 (F) may not be sold in a business establishment
5-3 which derives less than 50 percent of its gross sales from the sale
5-4 of confectioneries; or
5-5 (3) bears or contains any nonnutritive substance;
5-6 provided, that this subdivision does not apply to a nonnutritive
5-7 substance that is in or on the confectionery by reason of its use
5-8 for a practical, functional purpose in the manufacture, packaging,
5-9 or storage of the confectionery if the use of the substance does
5-10 not promote deception of the consumer or otherwise result in
5-11 adulteration or misbranding in violation of this chapter; and
5-12 provided further, that the board may for the purpose of avoiding or
5-13 resolving uncertainty as to the application of this subdivision,
5-14 adopt rules allowing or prohibiting the use of particular
5-15 nonnutritive substances.
5-16 SECTION 2. This Act takes effect September 1, 1993.
5-17 SECTION 3. The importance of this legislation and the
5-18 crowded condition of the calendars in both houses create an
5-19 emergency and an imperative public necessity that the
5-20 constitutional rule requiring bills to be read on three several
5-21 days in each house be suspended, and this rule is hereby suspended.