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A BILL TO BE ENTITLED
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AN ACT
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relating to testing and warnings related to mercury levels in |
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certain fish. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 12, Agriculture Code, is amended by |
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adding Section 12.019 to read as follows: |
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Sec. 12.019. TESTING AND WARNING RELATED TO MERCURY LEVELS |
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IN CERTAIN FISH. (a) The department shall obtain and test samples |
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of fish as provided by this section. The methods for selecting fish |
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samples must be: |
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(1) reasonably calculated to ensure a fair |
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representation of fresh or previously frozen fish available at a |
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retail fish dealer; and |
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(2) primarily designed to sample types of fish |
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determined by the United States Environmental Protection Agency or |
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the Department of State Health Services to have acceptable levels |
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of mercury for women considering becoming pregnant, pregnant women, |
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nursing mothers, and young children. |
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(b) The department shall: |
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(1) enter during ordinary business hours a retail |
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place of business where fresh or previously frozen fish are offered |
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for sale to the ultimate consumer; |
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(2) take for inspection representative samples of |
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fish, as determined under Subsection (a); |
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(3) compensate the place of business for the actual |
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cost of fish taken as samples; and |
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(4) immediately forward the samples to the Texas |
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Commission on Environmental Quality or an independent testing |
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laboratory to determine the mercury levels of the samples. |
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(c) If a fish sample obtained and tested under Subsection |
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(b) exceeds acceptable levels of mercury for women considering |
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becoming pregnant, pregnant women, nursing mothers, or young |
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children, as determined using standards adopted by the United |
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States Environmental Protection Agency or the Department of State |
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Health Services, the Department of Agriculture shall post a warning |
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sign as provided by Subsection (d). |
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(d) The department shall return to each retail fish dealer |
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from which a fish sample exceeded acceptable levels of mercury |
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under Subsection (c) and post a warning sign in a conspicuous |
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location where it is readily visible by persons purchasing fresh or |
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previously frozen fish. The department by rule shall specify the |
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size and graphic design of the sign. The sign must contain the |
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following wording: |
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ATTENTION WOMEN CONSIDERING BECOMING PREGNANT, PREGNANT |
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WOMEN, NURSING MOTHERS, AND PARENTS OF YOUNG CHILDREN |
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Some fish and shellfish, especially large fish such as shark, |
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swordfish, king mackerel, and tilefish, contain high levels of |
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mercury that may harm the developing nervous system of a child. |
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The Texas Department of Agriculture has determined that the |
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following types of fish at this store contain high levels of mercury |
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that may be dangerous for children: (insert types of fish). |
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For more information about the risks of mercury in fish and |
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shellfish call the U.S. Food and Drug Administration's food |
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information line toll-free at (insert toll-free telephone number). |
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(e) The department shall adopt rules to administer this |
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section, including provisions for the removal of a sign posted |
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under Subsection (d). |
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SECTION 2. This Act takes effect September 1, 2009. |