81R10763 JSC-F

By: Nelson S.B. No. 1329

A BILL TO BE ENTITLED

AN ACT

relating to control of food-borne illnesses and microorganisms that cause food-borne illnesses or are otherwise injurious to health.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 81.003, Health and Safety Code, is amended by adding Subdivision (4-a) to read as follows:

(4-a) "Microbiological isolate" means any microorganism that is the cause of an outbreak of a communicable disease that may be isolated from a specimen, including:

(A) bacteria;

(B) a virus; or

(C) a parasite.

SECTION 2. Section 81.044, Health and Safety Code, is amended by adding Subsection (e) to read as follows:

(e) The executive commissioner of the Health and Human Services Commission, by rule, may require the submission of microbiological isolates or laboratory specimens.

SECTION 3. Section 81.061(c), Health and Safety Code, is amended to read as follows:

(c) The department may investigate the existence of communicable disease in the state to determine the nature and extent of the disease and to formulate and evaluate the control measures used to protect the public health. A person shall provide records, microbiological isolates, and other information to the department on request according to the department's written instructions.

SECTION 4. Section 81.062(a), Health and Safety Code, is amended to read as follows:

(a) For the purpose of an investigation under Section 81.061(c), the department may administer oaths, summon witnesses, and compel the attendance of a witness or the production of a document or microbiological isolate. The department may request the assistance of a county or district court to compel the attendance of a summoned witness or the production of a requested document or microbiological isolate at a hearing.

SECTION 5. Subchapter D, Chapter 431, Health and Safety Code, is amended by adding Section 431.085 to read as follows:

Sec. 431.085. REPORTABLE PATHOGENS AND REQUIRED TESTING. (a) In this section:

(1) "Food manufacturer" and "food wholesaler" have the meanings assigned by Section 431.221.

(2) "Public health disaster" has the meaning assigned by Section 81.003.

(b) The department, by rule, may require a food manufacturer or food wholesaler to test products specified by department rule for pathogenic microorganisms or toxins injurious to human health.

(c) A food manufacturer or food wholesaler in this state shall report test results of products that test positive for pathogenic microorganisms or toxins injurious to human health as provided by department rule.

(d) The department shall maintain and revise as necessary the list of reportable food-borne pathogenic microorganisms or toxins. The list must include salmonella.

(e) In a public health disaster, the commissioner may require testing for or reports of food-borne pathogenic microorganisms or toxins from providers without a department rule or action. The commissioner shall issue appropriate instructions relating to complying with the testing and reporting requirements of this section.

SECTION 6. Section 431.2211(a), Health and Safety Code, is amended to read as follows:

(a) A person is not required to hold a license under this subchapter if the person is:

(1) a person, firm, or corporation that only harvests, packages, or washes[, or ships] raw fruits or vegetables for shipment at the location of harvest;

(2) an individual who only sells prepackaged nonperishable foods, including dietary supplements, from a private home as a direct seller;

(3) a person who holds a license under Chapter 432 and who only engages in conduct within the scope of that license; or

(4) a restaurant that provides food for immediate human consumption to a political subdivision or to a licensed nonprofit organization if the restaurant would not otherwise be required to hold a license under this subchapter.

SECTION 7. A person is not required to perform tests or report the results of tests performed under Section 431.085, Health and Safety Code, as added by this Act, before January 1, 2010.

SECTION 8. (a) Except as provided by Subsection (b), this Act takes effect September 1, 2009.

(b) Section 6 of this Act takes effect September 1, 2010.