1-1 By: Armbrister S.B. No. 560
1-2 (In the Senate - Filed March 2, 1993; March 3, 1993, read
1-3 first time and referred to Committee on Health and Human Services;
1-4 March 31, 1993, reported favorably by the following vote: Yeas 9,
1-5 Nays 0; March 31, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Zaffirini x
1-9 Ellis x
1-10 Madla x
1-11 Moncrief x
1-12 Nelson x
1-13 Patterson x
1-14 Shelley x
1-15 Truan x
1-16 Wentworth x
1-17 A BILL TO BE ENTITLED
1-18 AN ACT
1-19 relating to correction of a reference in law to the name of the
1-20 former United States Bureau of Animal Industry.
1-21 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-22 SECTION 1. Section 431.081, Health and Safety Code, is
1-23 amended to read as follows:
1-24 Sec. 431.081. Adulterated Food. A food shall be deemed to
1-25 be adulterated:
1-26 (a) if:
1-27 (1) it bears or contains any poisonous or deleterious
1-28 substance which may render it injurious to health; but in case the
1-29 substance is not an added substance the food shall not be
1-30 considered adulterated under this subdivision if the quantity of
1-31 the substance in the food does not ordinarily render it injurious
1-32 to health; or
1-33 (2) it:
1-34 (A) bears or contains any added poisonous or
1-35 added deleterious substance, other than one that is a pesticide
1-36 chemical in or on a raw agricultural commodity, a food additive, a
1-37 color additive, or a new animal drug which is unsafe within the
1-38 meaning of Section 431.161; or
1-39 (B) is a raw agricultural commodity and it bears
1-40 or contains a pesticide chemical which is unsafe within the meaning
1-41 of Section 431.161(a); or
1-42 (C) is, or it bears or contains, any food
1-43 additive which is unsafe within the meaning of Section 431.161(a);
1-44 provided, that where a pesticide chemical has been used in or on a
1-45 raw agricultural commodity in conformity with an exemption granted
1-46 or a tolerance prescribed under Section 431.161(a), and such raw
1-47 agricultural commodity has been subjected to processing such as
1-48 canning, cooking, freezing, dehydrating, or milling, the residue of
1-49 such pesticide chemical remaining in or on such processed food
1-50 shall, notwithstanding the provisions of Section 431.161 and
1-51 Section 409 of the federal Act, not be deemed unsafe if such
1-52 residue in or on the raw agricultural commodity has been removed to
1-53 the extent possible in good manufacturing practice, and the
1-54 concentration of such residue in the processed food, when ready to
1-55 eat, is not greater than the tolerance prescribed for the raw
1-56 agricultural commodity; or
1-57 (D) is, or it bears or contains, a new animal
1-58 drug, or a conversion product of a new animal drug, that is unsafe
1-59 under Section 512 of the federal Act; or
1-60 (3) it consists in whole or in part of a diseased,
1-61 contaminated, filthy, putrid, or decomposed substance, or if it is
1-62 otherwise unfit for foods; or
1-63 (4) it has been produced, prepared, packed or held
1-64 under unsanitary conditions whereby it may have become contaminated
1-65 with filth, or whereby it may have been rendered diseased,
1-66 unwholesome, or injurious to health; or
1-67 (5) it is, in whole or in part, the product of a
1-68 diseased animal, an animal which has died otherwise than by
2-1 slaughter, or an animal that has been fed upon the uncooked offal
2-2 from a slaughterhouse; or
2-3 (6) its container is composed, in whole or in part, of
2-4 any poisonous or deleterious substance which may render the
2-5 contents injurious to health; or
2-6 (7) it has been intentionally subjected to radiation,
2-7 unless the use of the radiation was in conformity with a regulation
2-8 or exemption in effect in accordance with Section 409 of the
2-9 federal Act;
2-10 (b) if:
2-11 (1) any valuable constituent has been in whole or in
2-12 part omitted or abstracted therefrom; or
2-13 (2) any substance has been substituted wholly or in
2-14 part therefor; or
2-15 (3) damage or inferiority has been concealed in any
2-16 manner; or
2-17 (4) any substance has been added thereto or mixed or
2-18 packed therewith so as to increase its bulk or weight, or reduce
2-19 its quality or strength or make it appear better or of greater
2-20 value than it is; or
2-21 (5) it contains saccharin, dulcin, glucin, or other
2-22 sugar substitutes except in dietary foods, and when so used shall
2-23 be declared; or
2-24 (6) it be fresh meat and it contains any chemical
2-25 substance containing sulphites, sulphur dioxide, or any other
2-26 chemical preservative which is not approved by the United States
2-27 Department of Agriculture, the Animal Plant Health Inspection
2-28 Service (A.P.H.I.S.) <Bureau of Animal Industry> or by rules of the
2-29 board;
2-30 (c) if it is, or it bears or contains, a color additive that
2-31 is unsafe under Section 431.161(a); or
2-32 (d) if it is confectionery and:
2-33 (1) has any nonnutritive object partially or
2-34 completely imbedded in it; provided, that this subdivision does not
2-35 apply if, in accordance with rules of the board, the object is of
2-36 practical, functional value to the confectionery product and would
2-37 not render the product injurious or hazardous to health;
2-38 (2) bears or contains any alcohol, other than alcohol
2-39 not in excess of five percent by volume. Any confectionery that
2-40 bears or contains any alcohol in excess of one-half of one percent
2-41 by volume derived solely from the use of flavoring extracts and
2-42 less than five percent by volume:
2-43 (A) may not be sold to persons under the legal
2-44 age necessary to consume an alcoholic beverage in this state;
2-45 (B) must be labeled with a conspicuous, readily
2-46 legible statement that reads, "Sale of this product to a person
2-47 under the legal age necessary to consume an alcoholic beverage is
2-48 prohibited";
2-49 (C) may not be sold in a form containing liquid
2-50 alcohol such that it is capable of use for beverage purposes as
2-51 that term is used in the Alcoholic Beverage Code;
2-52 (D) may not be sold through a vending machine;
2-53 (E) must be labeled with a conspicuous, readily
2-54 legible statement that the product contains not more than five
2-55 percent alcohol by volume; and
2-56 (F) may not be sold in a business establishment
2-57 which derives less than 50 percent of its gross sales from the sale
2-58 of confectioneries; or
2-59 (3) bears or contains any nonnutritive substance;
2-60 provided, that this subdivision does not apply to a nonnutritive
2-61 substance that is in or on the confectionery by reason of its use
2-62 for a practical, functional purpose in the manufacture, packaging,
2-63 or storage of the confectionery if the use of the substance does
2-64 not promote deception of the consumer or otherwise result in
2-65 adulteration or misbranding in violation of this chapter; and
2-66 provided further, that the board may for the purpose of avoiding or
2-67 resolving uncertainty as to the application of this subdivision,
2-68 adopt rules allowing or prohibiting the use of particular
2-69 nonnutritive substances.
2-70 SECTION 2. This Act takes effect September 1, 1993.
3-1 SECTION 3. The importance of this legislation and the
3-2 crowded condition of the calendars in both houses create an
3-3 emergency and an imperative public necessity that the
3-4 constitutional rule requiring bills to be read on three several
3-5 days in each house be suspended, and this rule is hereby suspended.
3-6 * * * * *
3-7 Austin,
3-8 Texas
3-9 March 31, 1993
3-10 Hon. Bob Bullock
3-11 President of the Senate
3-12 Sir:
3-13 We, your Committee on Health and Human Services to which was
3-14 referred S.B. No. 560, have had the same under consideration, and I
3-15 am instructed to report it back to the Senate with the
3-16 recommendation that it do pass and be printed.
3-17 Ellis,
3-18 Vice-Chair
3-19 * * * * *
3-20 WITNESSES
3-21 FOR AGAINST ON
3-22 ___________________________________________________________________
3-23 Name: R. D. (Dan) Sowards x
3-24 Representing: Tx Dept. of Health
3-25 City: Austin
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