By Maxey                                               H.B. No. 492

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to activities covered by the Texas Food, Drug, and

 1-3     Cosmetic Act.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 431.002(23), Health and Safety Code, is

 1-6     amended to read as follows:

 1-7                 (23)  "Manufacture" means:

 1-8                       (A)  the process of combining or purifying food

 1-9     or [and] packaging food for sale to a person [consumer] at

1-10     wholesale or retail, and includes repackaging or labeling of any

1-11     food;

1-12                       (B)  the process of preparing, propagating,

1-13     compounding, processing, packaging, holding, repackaging, labeling,

1-14     testing, or quality control of a drug or drug product, but does not

1-15     include compounding that is done within the practice of pharmacy

1-16     and pursuant to a prescription from a practitioner for a patient;

1-17                       (C)  the process of preparing, fabricating,

1-18     assembling, processing, packing, repacking, labeling, or relabeling

1-19     a device; or

1-20                       (D)  the making of any cosmetic product by

1-21     chemical, physical, biological, or other procedures, including

1-22     manipulation, sampling, testing, or control procedures applied to

1-23     the product.

1-24           SECTION 2.  Sections 431.221(3) and (4), Health and Safety

 2-1     Code, are amended to read as follows:

 2-2                 (3)  "Food wholesaler" means a person who distributes

 2-3     food for resale, either through a retail outlet owned by that

 2-4     person or through sales to another person.  The term "food

 2-5     wholesaler" shall not include:

 2-6                       (A)  a commissary which distributes food

 2-7     primarily intended for immediate consumption on the premises of a

 2-8     retail outlet under common ownership; or

 2-9                       (B)  an establishment engaged solely in the

2-10     distribution of [alcoholic or] nonalcoholic beverages in sealed

2-11     containers.

2-12                 [(4)  "Manufacture" means the process of combining or

2-13     purifying food and packaging food for sale to a consumer at

2-14     wholesale or retail.]

2-15           SECTION 3.  Section 431.2211, Health and Safety Code, is

2-16     amended to read as follows:

2-17           Sec. 431.2211.  APPLICATION OF SUBCHAPTER.  This subchapter

2-18     does not apply to:

2-19                 (1)  a person, firm, or corporation that harvests,

2-20     packages, washes, or ships raw fruits or vegetables; [or]

2-21                 (2)  an individual who sells prepackaged nonperishable

2-22     foods, including dietary supplements, from a private home; or

2-23                 (3)  a person engaged solely in the distribution of

2-24     alcoholic beverages in sealed containers by holders of licenses or

2-25     permits issued under Chapter 19, 20, 21, 64, or 65, Alcoholic

2-26     Beverage Code.

2-27           SECTION 4.  Section 431.045(c), Health and Safety Code, is

 3-1     amended to read as follows:

 3-2           (c)  If an emergency order is issued without a hearing, the

 3-3     department shall determine a time and place for a hearing at which

 3-4     the emergency order is affirmed, modified, or set aside.  The

 3-5     hearing shall be held under the contested case provisions of

 3-6     Chapter 2001, Government Code, and the board's formal hearing

 3-7     [departmental] rules.

 3-8           SECTION 5.  This Act takes effect September 1, 1997.

 3-9           SECTION 6.  The importance of this legislation and the

3-10     crowded condition of the calendars in both houses create an

3-11     emergency and an imperative public necessity that the

3-12     constitutional rule requiring bills to be read on three several

3-13     days in each house be suspended, and this rule is hereby suspended.