| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to food safety. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter J, Chapter 431, Health and Safety |
|
|
Code, is amended by adding Section 431.227 to read as follows: |
|
|
Sec. 431.227. DUTIES OF FOOD MANUFACTURERS. (a) A food |
|
|
manufacturer that tests for contamination food manufactured by the |
|
|
manufacturer or any food additive, raw agricultural commodity, or |
|
|
other ingredient used in the food shall immediately report to the |
|
|
department if the food manufacturer finds that the food or |
|
|
ingredient contains a substance, microorganism, pathogen, or other |
|
|
contaminant that is injurious to health or that is present in a |
|
|
quantity that is injurious to health. |
|
|
(b) The department by rule shall develop protocols to assess |
|
|
the threat of contamination and protect the public health. |
|
|
SECTION 2. Chapter 437, Health and Safety Code, is amended |
|
|
by adding Section 437.0057 to read as follows: |
|
|
Sec. 437.0057. REGULATION OF FOOD HANDLERS BY COUNTIES, |
|
|
PUBLIC HEALTH DISTRICTS, AND THE DEPARTMENT. (a) A county, a |
|
|
public health district, or the department may require certification |
|
|
under Subchapter D, Chapter 438, obtained not later than the 30th |
|
|
day after the date a food handler is employed for each food handler |
|
|
who is employed by a food service establishment in which food is |
|
|
prepared on-site for sale to the public and which holds a permit |
|
|
issued by the county, the public health district, or the |
|
|
department. This section applies without regard to whether the |
|
|
food service establishment is at a fixed location or is a mobile |
|
|
food unit. |
|
|
(b) The requirements of certification under this section |
|
|
may not be more stringent than the requirements of Subchapter D, |
|
|
Chapter 438. |
|
|
(c) A county, a public health district, or the department |
|
|
may not require an establishment that handles only prepackaged food |
|
|
and does not prepare or package food to employ certified food |
|
|
handlers under this section. |
|
|
(d) A county, a public health district, or the department |
|
|
may exempt a food service establishment from the requirement that |
|
|
the county, public health district, or department has imposed under |
|
|
Subsection (a) if the county, the public health district, or the |
|
|
department determines that the application of Subsection (a) to |
|
|
that establishment is not necessary to protect public health and |
|
|
safety. |
|
|
(e) A person employed as a food handler on the date a |
|
|
certification requirement imposed by a county, a public health |
|
|
district, or the department under this section becomes effective is |
|
|
not required to obtain certification until the 60th day after the |
|
|
date the requirement becomes effective. |
|
|
SECTION 3. Section 438.032(b), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(b) A person, firm, corporation, or organization operating |
|
|
or managing a public eating place or vehicle or other place where |
|
|
food is manufactured, processed, prepared, dispensed, or handled in |
|
|
a manner or under circumstances that would permit the probable |
|
|
transmission of disease from a handler to a consumer: |
|
|
(1) may not employ a person described in Subsection |
|
|
(a) to handle the food, utensils, dishes, or serving implements; |
|
|
and |
|
|
(2) shall post a sign in a place conspicuous to |
|
|
employees, in a form adopted by the executive commissioner of the |
|
|
Health and Human Services Commission, describing a food service |
|
|
employee's responsibilities to report certain health conditions to |
|
|
the permit holder under rules adopted by the executive |
|
|
commissioner. |
|
|
SECTION 4. Section 438.034, Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
Sec. 438.034. EMPLOYEE CLEANLINESS. A person handling food |
|
|
or unsealed food containers shall: |
|
|
(1) maintain personal cleanliness; |
|
|
(2) wear clean outer garments; |
|
|
(3) keep the person's hands clean; [and] |
|
|
(4) [either:
|
|
|
[(A)] wash the person's hands and exposed |
|
|
portions of the person's arms with soap and water: |
|
|
(A) before starting work; |
|
|
(B) [,] during work as often as necessary to |
|
|
avoid cross-contaminating food; and |
|
|
(C) to maintain cleanliness, after smoking, |
|
|
eating, and each visit to the toilet; and [or] |
|
|
(5) [(B)] avoid bare-hand contact with exposed food by |
|
|
the use of gloves or utensils [and wash hands after smoking, eating,
|
|
|
and each visit to the toilet]. |
|
|
SECTION 5. (a) Section 431.227(a), Health and Safety Code, |
|
|
as added by this Act, applies only to a test of a food or food |
|
|
ingredient performed on or after December 1, 2009. |
|
|
(b) Not later than December 1, 2009, the executive |
|
|
commissioner of the Health and Human Services Commission shall |
|
|
adopt the form of the sign required under Section 438.032, Health |
|
|
and Safety Code, as amended by this Act. |
|
|
(c) A person, firm, corporation, or other organization is |
|
|
not required to post the sign required by Section 438.032, Health |
|
|
and Safety Code, as amended by this Act, before January 1, 2010. |
|
|
SECTION 6. This Act takes effect September 1, 2009. |