S.B. 1451 78(R)    BILL ANALYSIS


S.B. 1451
By: Carona
Public Health
Committee Report (Unamended)



BACKGROUND AND PURPOSE 
Currently, Texas Department of Health (TDH), cannot prevent adulterated or
misbranded products form reaching consumers without suspending the
certificate of a milk and dairy products manufacturer or distributor.
Other food and drug safety programs have at their disposal additional
enforcement tools such as the ability to obtain an injunction, detain or
embargo adulterated or misbranded articles, issue recall or emergency
orders, establish requirements for and access to distribution records,
obtain condemnation of detained or embargoes articles, prevent
interference with an inspection, and assess and collect administrative
and/or civil penalties.  Grade "A" dairies are primarily regulated by the
Grade "A" Pasteurized Milk Ordinance (PMO, a federal ordinance applicable
to all Grade A milk sold in interstate commerce); however, non-Grade A
dairy products and Raw for Retail Dairies are not subject to the PMO, thus
making this bill important to the regulatory scheme concerning all milk
and dairy products in Texas.  

RULEMAKING AUTHORITY
It is the committee's opinion that rulemaking authority is expressly
granted to the Texas Board of Health in SECTION 5 (Section 435.012, Health
and Safety Code) of this bill. 

ANALYSIS
Subchapter A, Chapter 431, Health and Safety Code is amended by adding
431.010 which defines to whom this chapter applies.   

Section 431.2211, Health and Safety Code  is amended by adding (a-2) to
define what person is not required to hold a licence under this
subchapter. 

Section 435.0015, Health and Safety Code, provides for applicability of
other law. 

Section 435.011, Health and Safety Code is amended to provide that the
refusal, revocation or suspension of a permit by TDH and the appeal of
that action are governed by the procedures for a contested case hearing
under Chapter 2001, Government Code. 

Section 435.012, Health and Safety Code is amended to provide for the
refusal to grant or suspension of a permit.  The Texas Board of Health
shall provide for the denial, suspension, or revocation of a permit and
establish reasonable minimum standards for granting and maintaining a
permit. 

Section 435.014, Health and Safety Code is amended to by adding subsection
(d) to provide for penalties. 

The Texas Board of Health shall adopt the necessary rules and procedures
by December 1, 2003. 

EFFECTIVE DATE
September 1, 2003.