By: Carona S.B. No. 1454
A BILL TO BE ENTITLED
AN ACT
relating to regulation of frozen dessert products and
manufacturing.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 431, Health and Safety
Code, is amended by adding Section 431.009 to read as follows:
Sec. 431.009. APPLICABILITY OF CHAPTER TO FROZEN DESSERTS.
(a) This chapter applies to a frozen dessert, an imitation frozen
dessert, a product sold in semblance of a frozen dessert, or a mix
for one of those products subject to Chapter 440. A frozen dessert,
an imitation frozen dessert, a product sold in semblance of a frozen
dessert, or a mix for one of those products is food for purposes of
this chapter.
(b) Except as provided by Subsection (c), this chapter
applies to the conduct of a person licensed under Chapter 440.
(c) A person who holds a license under Chapter 440 related
to the manufacturing of a product regulated under that chapter and
is engaging in conduct within the scope of that license is not
required to hold a license as a food manufacturer or food wholesaler
under Subchapter J.
SECTION 2. Section 431.2211, Health and Safety Code, is
amended by adding Subsection (a-1) to read as follows:
(a-1) A person is not required to hold a license under this
subchapter if the person holds a license under Chapter 440 and is
engaging in conduct within the scope of that license.
SECTION 3. Subchapter A, Chapter 440, Health and Safety
Code, is amended by adding Section 440.007 to read as follows:
Sec. 440.007. APPLICABILITY OF OTHER LAW. Except as
provided by Section 431.009(c), Chapter 431 applies to a person or
product regulated under this chapter, including a frozen dessert
manufacturer, a frozen dessert, an imitation frozen dessert, a
product sold in semblance of a frozen dessert, and a mix for one of
those products.
SECTION 4. Subchapter B, Chapter 440, Health and Safety
Code, is amended by adding Section 440.017 to read as follows:
Sec. 440.017. REFUSAL TO GRANT LICENSE; SUSPENSION OR
REVOCATION OF LICENSE. In accordance with rules adopted under
Section 440.006, the commissioner may refuse an application for a
license under this chapter or may suspend or revoke a license issued
under this chapter.
SECTION 5. Section 440.031, Health and Safety Code, is
amended by adding Subsection (c) to read as follows:
(c) The inspection procedures provided by this section are
in addition to the procedures provided by Chapter 431.
SECTION 6. Subsection (c), Section 440.032, Health and
Safety Code, is amended to read as follows:
(c) The penalty prescribed by this section is in addition to
any civil or administrative penalty or sanction otherwise imposed
under Chapter 431 or other [by] law.
SECTION 7. This Act takes effect September 1, 2003.