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A BILL TO BE ENTITLED
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AN ACT
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relating to a prohibition of foods containing trans fat; providing |
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a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 438, Health and Safety Code, is amended |
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by adding Subchapter H to read as follows: |
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SUBCHAPTER H. FOODS CONTAINING TRANS FAT |
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Sec. 438.121. DEFINITIONS. In this subchapter: |
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(1) "Food" and "label" have the meanings assigned by |
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Section 431.002. |
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(2) "Food service establishment" means a business that |
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sells or otherwise serves individual portions of food, intended for |
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human consumption, directly to the consumer. |
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(3) "Trans fat" means a food or food additive |
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artificially created by partial hydrogenation. |
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Sec. 438.122. MAINTENANCE OF FOOD LABELS FOR INSPECTION. |
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(a) A food service establishment shall maintain on the food service |
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establishment's premises an original label for any food or food |
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additive that contains a fat for as long as the food or food |
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additive is used, stored, or served by the food service |
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establishment. |
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(b) On request, a food service establishment shall make a |
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label required under Subsection (a) available to a person |
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conducting an inspection under Section 437.009. |
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Sec. 438.123. USE OF TRANS FAT PROHIBITED. (a) A food |
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service establishment may not package, store, or use a trans fat to |
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prepare or serve food, except for a trans fat used to deep-fry yeast |
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dough or cake batter. |
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(b) Subsection (a) does not apply to the storage of a |
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packaged food to be served in its original package with a label |
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indicating that the food has a trans fat content of less than 0.5 |
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grams per serving. |
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Sec. 438.124. FOODS CONTAINING TRANS FAT PROHIBITED. (a) A |
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food service establishment may not prepare, package, store, or |
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serve a food containing trans fat. |
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(b) Subsection (a) does not apply to: |
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(1) a yeast dough or cake batter prepared with or |
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containing a trans fat; or |
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(2) a packaged food served in an original package with |
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a label indicating that the food has a trans fat content of less |
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than 0.5 grams per serving. |
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Sec. 438.125. CRIMINAL PENALTY. (a) A person commits an |
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offense if the person violates this subchapter. |
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(b) An offense under this subchapter is a misdemeanor |
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punishable by a fine of not less than $25 or more than $200. |
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SECTION 2. This Act takes effect September 1, 2009, except |
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that Section 438.123, Health and Safety Code, as added by this Act, |
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takes effect September 1, 2010, and Section 438.124, Health and |
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Safety Code, as added by this Act, takes effect September 1, 2011. |