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, repackaging, labeling, testing,
1-14 or quality control of a drug or drug product, but does not include
1-15 compounding that is done within the practice of pharmacy and
1-16 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, 23, 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.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 492 was passed by the House on April
11, 1997, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 492 on May 21, 1997, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 492 was passed by the Senate, with
amendments, on May 19, 1997, by the following vote: Yeas 31, Nays
0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor