By: Nelson S.B. No. 955 A BILL TO BE ENTITLED AN ACT 1-1 relating to exemptions from regulation as a food manufacturer or 1-2 wholesaler. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subdivision (3), Section 431.221, Health and 1-5 Safety Code, is amended to read as follows: 1-6 (3) "Food wholesaler" means a person who distributes 1-7 food for resale, either through a retail outlet owned by that 1-8 person or through sales to another person. The term "food 1-9 wholesaler" shall not include a commissary which distributes food 1-10 primarily intended for immediate consumption on the premises of a 1-11 retail outlet under common ownership or establishments engaged 1-12 solely in the distribution of alcoholic or nonalcoholic beverages 1-13 in sealed containers. 1-14 SECTION 2. Section 431.2211, Health and Safety Code, is 1-15 amended to read as follows: 1-16 Sec. 431.2211. APPLICATION OF SUBCHAPTER. This subchapter 1-17 does not apply to: 1-18 (1) a person, firm, or corporation that harvests, 1-19 packages, washes, or ships raw fruits or vegetables; or 1-20 (2) an individual who sells prepackaged nonperishable 1-21 foods, including dietary supplements, from a private home. 1-22 SECTION 3. The importance of this legislation and the 1-23 crowded condition of the calendars in both houses create an 1-24 emergency and an imperative public necessity that the 2-1 constitutional rule requiring bills to be read on three several 2-2 days in each house be suspended, and this rule is hereby suspended, 2-3 and that this Act take effect and be in force from and after its 2-4 passage, and it is so enacted.