78R3347 CLG-D

By:  Carona                                                       S.B. No. 213


A BILL TO BE ENTITLED
AN ACT
relating to the labeling, advertising, and sale of food in accordance with religious customs; providing a criminal penalty. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 17, Business & Commerce Code, is amended by adding Subchapter I to read as follows:
SUBCHAPTER I. LABELING, ADVERTISING, AND SALE OF HALAL FOODS
Sec. 17.871. DEFINITIONS. In this subchapter: (1) "Dealer" means a retail store or other establishment, including a manufacturer, slaughterhouse, farm, wholesaler, and restaurant, that is engaged in the business of selling, preparing, or maintaining halal food or of growing animals in a halal manner to become food for human consumption. (2) "Halal": (A) as applied to food, means food prepared and served in conformity with Islamic religious requirements according to a recognized Islamic authority; and (B) as applied to growing animals to become food for human consumption, means grown and maintained in a manner that is in strict compliance with the laws and customs of the Islamic religion, including those laws and customs of zabiha (slaughtered according to appropriate Islamic code), according to a recognized Islamic authority. (3) "Label" means a display of written, printed, or graphic matter on a food product or on the container or packaging of a food product. (4) "Retail store" means a grocery store, delicatessen, butcher shop, or other place in which food is sold for on-premises or off-premises consumption. The term does not include a restaurant that does not display food the restaurant prepares and serves to customers in a display window or case. Sec. 17.872. SALE OF FOOD REPRESENTED AS HALAL. A person may not represent, orally or in writing, as halal any food that the person sells, prepares, serves, or offers for sale unless the person knows or reasonably believes that the food is halal. Sec. 17.873. LABELING OF PACKAGED FOOD. (a) A person may not identify on a label or by other means an article of food in package form as halal unless the person is the manufacturer or packer of the food. (b) A person may not identify on a label or by other means an article of food in package form as halal by using the word "halal" or "helal" or any other word, phrase, or symbol that would tend to lead a reasonable person to believe that the food is halal, unless the person identifying the food knows or reasonably believes that the food is halal. Sec. 17.874. SEPARATION OF HALAL AND NON-HALAL FOOD. (a) A person may not sell or have in the person's possession for the purpose of resale as halal any food not having attached to it the original slaughterhouse mark, stamp, tag, brand, or other identification device indicating that the food is halal. (b) A person who sells both unpackaged food represented as halal and unpackaged non-halal food in the same retail store may not display both foods for sale in the same show window or other location on or in the retail store unless the person: (1) places conspicuous signs over or in another location near the halal and non-halal foods that clearly identify the foods as halal and non-halal, respectively; (2) displays the halal food and the non-halal food in separate display cases or containers or displays the foods separated by a clearly visible divider; and (3) slices or otherwise prepares the halal food for sale with a utensil or device used solely for halal food, if the food is sliced, served, or otherwise prepared with a utensil or device when sold. (c) A sign required under this section must be in block letters. Sec. 17.875. DISCLOSURE REQUIREMENTS. A dealer who prepares, distributes, sells, or exposes for sale any food represented to be halal shall disclose the basis on which that representation is made: (1) if the food is sold to the consumer, by posting the information on a conspicuous sign in the premises at which the food is sold or exposed for sale; or (2) if the food is sold for resale, by providing the purchaser with the information in writing. Sec. 17.876. CERTIFICATION ENCOURAGED. A dealer should be certified by a certifying Islamic entity specialized in halal food or any other similar entity or organization before selling or offering for sale: (1) food represented as halal; or (2) food produced from an animal represented to be grown in a halal manner to become food for human consumption. Sec. 17.877. CRIMINAL PENALTY. (a) A person who violates this subchapter commits an offense. (b) An offense under this section is a Class B misdemeanor. (c) It is a defense to prosecution under this section for a violation of Section 17.872 that the person relied in good faith on the representation of a slaughterhouse, manufacturer, processor, packer, or distributor of the food at issue that the food is halal or has been prepared in conformity with Islamic religious requirements. Sec. 17.878. APPLICABILITY OF FEDERAL LAW. This subchapter may not be construed to exempt halal food or a person from any applicable provision of the federal Humane Methods of Slaughter Act of 1978. SECTION 2. This Act takes effect September 1, 2003.