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


Senate Research Center   S.B. 1031
By: Madla
Health Services
3/25/1999
As Filed


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 multiple 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 would repeal Section
434.007, Health and Safety Code, regarding these weight standards for
loaves of bread.  

PURPOSE

As proposed, S.B. 1031 repeals Section 434.007, Health and Safety Code,
regarding weight standards for loaves of bread. 

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Repealer:  Section 434.007, Health and Safety Code (Weight
Standards for Bread Loaves). 

SECTION 2.Effective date: September 1, 1999.

SECTION 3.Emergency clause.