SRC-SLL, DBM S.B. 1031 76(R)BILL ANALYSIS


Senate Research CenterS.B. 1031
By: Madla
Health Services
8/12/1999
Enrolled


DIGEST 

Currently, Section 434.007, Health and Safety Code,  requires all loaves of
bread sold in wholesale or retail markets to be sold in loaves of one
pound, one and one-half pounds, or any other multiples of one pound.  For
many years, the Texas Department of Health interpreted the federal laws to
preempt the state statute regarding bread loaf weights and has conducted
its inspections of bread manufacturers, wholesalers, and retail bakeries
based on other federal law and state law, not Section 434.007, Health and
Safety Code.  On February 26, 1999, Attorney General's Opinion No. JC-0007
was rendered in response to a request by the commissioner of health
regarding the preemption issue; the opinion stated that "the federal
Nutrition Labeling and Education Act of 1990, 21 U.S.C. Section 343-1
(1994), does not preempt Texas Health and Safety Code Section 434.007,
which establishes standard weights for bread loaves. . ."  Section 434.007,
Health and Safety Code, compels the Texas Department of Health to enforce
this antiquated law and require Texas bakeries to adhere to baking and
packaging their products in certain sizes.  S.B. 1031 provides that Section
434.007, Health and Safety Code, does not apply to certain food
establishments.  

PURPOSE

As enrolled, S.B. 1031 provides that Section 434.007, Health and Safety
Code, does not apply to certain food establishments. 

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 434.007, Health and Safety Code, to provide that
this section does not apply to a food service establishment as defined
under Chapter 437 or a food establishment licensed under Chapter 431 as a
food manufacturer. 

SECTION 2.Effective date: September 1, 1999.

SECTION 3.Emergency clause.