79R7353 BDH-D

By:  Farrar                                                       H.B. No. 1879



A BILL TO BE ENTITLED

AN ACT

relating to testing and warnings related to mercury levels in 
certain fish. 
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 12, Agriculture Code, is amended by 
adding Section 12.019 to read as follows:
	Sec. 12.019.  TESTING AND WARNING RELATED TO MERCURY LEVELS 
IN CERTAIN FISH.  (a)  The department shall obtain and test samples 
of fish as provided by this section.  The methods for selecting fish 
samples must be:
		(1)  reasonably calculated to ensure a fair 
representation of fresh or previously frozen fish available at a 
retail fish dealer; and
		(2)  primarily designed to sample types of fish 
determined by the Environmental Protection Agency or the Department 
of State Health Services to have acceptable levels of mercury for 
women considering becoming pregnant, pregnant women, nursing 
mothers, and young children.
	(b)  The department shall:                                              
		(1)  enter during ordinary business hours a retail 
place of business where fresh or previously frozen fish are offered 
for sale to the ultimate consumer;
		(2)  take for inspection representative samples of 
fish, as determined under Subsection (a);
		(3)  compensate the place of business for the actual 
cost of fish taken as samples; and
		(4)  immediately forward the samples to the Texas 
Commission on Environmental Quality or an independent testing 
laboratory to determine the mercury levels of the samples.
	(c)  If a fish sample obtained and tested under Subsection 
(b) exceeds acceptable levels of mercury for women considering 
becoming pregnant, pregnant women, nursing mothers, or young 
children, as determined using standards adopted by the 
Environmental Protection Agency or the Department of State Health 
Services, the Department of Agriculture shall post a warning sign 
as provided by Subsection (d).
	(d)  The department shall return to each retail fish dealer 
from which a fish sample exceeded acceptable levels of mercury 
under Subsection (c) and post a warning sign in a conspicuous 
location where it is readily visible by persons purchasing fresh or 
previously frozen fish.  The department by rule shall specify the 
size and graphic design of the sign.  The sign must contain the 
following wording:
	ATTENTION WOMEN CONSIDERING BECOMING PREGNANT, PREGNANT 
WOMEN, NURSING MOTHERS, AND PARENTS OF YOUNG CHILDREN
	Some fish and shellfish, especially large fish such as shark, 
swordfish, king mackerel, and tilefish, contain high levels of 
mercury that may harm the developing nervous system of a child.
	The Texas Department of Agriculture has determined that the 
following types of fish at this store contain high levels of mercury 
that may be dangerous for children: (insert types of fish).
	For more information about the risks of mercury in fish and 
shellfish call the U.S. Food and Drug Administration's food 
information line toll-free at (insert toll-free telephone number).
	(e)  The department shall adopt rules to administer this 
section, including provisions for the removal of a sign posted 
under Subsection (d).
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.