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A BILL TO BE ENTITLED
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AN ACT
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relating to regulation of certain license holders to control |
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food-borne illnesses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 431, Health and Safety |
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Code, is amended by adding Section 431.085 to read as follows: |
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Sec. 431.085. REPORTABLE PATHOGENS AND REQUIRED TESTING. |
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(a) In this section: |
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(1) "Food manufacturer" and "food wholesaler" have the |
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meanings assigned by Section 431.221. |
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(2) "Public health disaster" has the meaning assigned |
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by Section 81.003. |
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(b) The executive commissioner of the Health and Human |
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Services Commission, by rule, may require a food manufacturer or |
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food wholesaler to test products specified by the department for |
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pathogenic microorganisms or toxins injurious to human health. |
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(c) A food manufacturer or food wholesaler in this state |
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shall report test results of products that test positive for |
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pathogenic microorganisms or toxins injurious to human health as |
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provided by department rule. |
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(d) The department shall maintain and revise as necessary |
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the list of reportable food-borne pathogenic microorganisms or |
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toxins. The list must include salmonella. |
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(e) In a public health disaster, the commissioner may |
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require testing for or reports of food-borne pathogenic |
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microorganisms or toxins from providers without a department rule |
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or other action. The commissioner shall issue appropriate |
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instructions relating to complying with the testing and reporting |
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requirements of this section. |
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SECTION 2. Subsection (a), Section 431.2211, Health and |
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Safety Code, is amended to read as follows: |
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(a) A person is not required to hold a license under this |
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subchapter if the person is: |
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(1) a person, firm, or corporation that only harvests, |
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packages, or washes[, or ships] raw fruits or vegetables for |
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shipment at the location of harvest; |
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(2) an individual who only sells prepackaged |
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nonperishable foods, including dietary supplements, from a private |
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home as a direct seller; |
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(3) a person who holds a license under Chapter 432 and |
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who only engages in conduct within the scope of that license; or |
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(4) a restaurant that provides food for immediate |
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human consumption to a political subdivision or to a licensed |
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nonprofit organization if the restaurant would not otherwise be |
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required to hold a license under this subchapter. |
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SECTION 3. A person is not required to perform tests or |
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report the results of tests performed under Section 431.085, Health |
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and Safety Code, as added by this Act, before January 1, 2010. |
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SECTION 4. (a) Except as provided by Subsection (b) of |
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this section, this Act takes effect September 1, 2009. |
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(b) Section 2 of this Act takes effect September 1, 2010. |
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