SRC-AAA H.B. 1362 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 1362
By: Giddings (Nelson)
State Affairs
5-6-97
Engrossed


DIGEST 

Section 431.221, Health and Safety Code, allows the Texas Department of
Health (TDH) to protect public health from adulterated, contaminated, and
misbranded foods. An amendment enacted by the 74th Texas Legislature,
Regular Session, added an exemption to the licensure requirements for
certain wholesale food distributors.  The amendment exempted "...an
individual who sells prepackaged nonperishable foods, including dietary
supplements, from a private residence."  Since enactment of the amendment,
the Licensure Program for the Bureau of Food and Drug Safety has received
several calls from individuals wishing to operate a wholesale food
distributorship from their residence.  
 
The exempting language in Chapter 431 was not intended to permit such
operations from a private residence unless such facilities were licensed
by TDH and in compliance with the good warehousing practices rules found
in Sec. 431.221. Without appropriate amendments, TDH can no longer exclude
individuals from operating wholesale food distribution facilities from
their home. Current good manufacturing practices rules for food
manufacturers, and the rules on food service establishments, specifically
exclude those types of establishments from compliance and licensure.   

PURPOSE

As proposed, H.B. 1362 defines "direct seller," clarifying that only
"direct sellers" are exempt from regulation as a food manufacturer or
wholesaler. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 431.221, Health and Safety Code, by adding
Subdivision (5), to define "direct seller." 

SECTION 2. Amends Section 431.2211(2), Health and Safety Code, to provide
that this subchapter does not apply to an individual who sells certain
foods from a private home as a direct seller. 

SECTION 3. Emergency clause.
  Effective date: 90 days after adjournment.