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.