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A BILL TO BE ENTITLED
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AN ACT
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relating to food safety. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 431.2211(a), Health and Safety Code, is |
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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 2. Subchapter J, Chapter 431, Health and Safety |
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Code, is amended by adding Section 431.227 to read as follows: |
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Sec. 431.227. FOOD SAFETY BEST PRACTICE EDUCATION PROGRAM. |
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(a) The department shall approve food safety best practice |
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education programs for places of business licensed under this |
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chapter. |
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(b) A place of business that completes a food safety best |
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practice education program approved by the department shall receive |
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a certificate valid for five years from the date of completion of |
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the program. |
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(c) When determining which places of business to inspect |
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under Section 431.042, the appropriate inspecting authority shall |
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consider whether the place of business holds a valid certificate |
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from a food safety best practice education program under this |
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section. |
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(d) The executive commissioner of the Health and Human |
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Services Commission shall adopt rules to implement this section. |
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SECTION 3. Section 431.241(c), Health and Safety Code, is |
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amended to read as follows: |
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(c) The enumeration of specific federal laws and |
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regulations in Section [Sections 431.244 and] 431.245 does not |
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limit the general authority granted to the board in Subsection (b) |
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to conform its rules to those adopted under the federal Act. |
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SECTION 4. Section 431.244, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 431.244. RELATIONSHIP BETWEEN FEDERAL REGULATIONS AND |
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[ADOPTED AS] STATE RULES. (a) [A regulation adopted by the
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secretary under the federal Act concerning pesticide chemicals,
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food additives, color additives, special dietary use, processed low
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acid food, acidified food, infant formula, bottled water, or vended
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bottled water is a rule for the purposes of this chapter, unless the
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board modifies or rejects the rule.
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[(b)
A regulation adopted under the Fair Packaging and
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Labeling Act (15 U.S.C. 1451 et seq.) is a rule for the purposes of
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this chapter, unless the board modifies or rejects the rule.] The |
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board may not adopt a rule that conflicts with: |
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(1) the labeling requirements for the net quantity of |
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contents required under Section 4 of the Fair Packaging and |
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Labeling Act (15 U.S.C. 1453) and the regulations adopted under |
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that Act; or |
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(2)[.
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[(c)
A regulation adopted by the secretary under Sections
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403(b) through (i) of the federal Act is a rule for the purposes of
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this chapter unless the board modifies or rejects the rule. The
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board may not adopt a rule that conflicts with] the limitations |
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provided by Sections 403(q) and (r) of the federal Act. |
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(b)[(d)
A federal regulation that this section provides as a
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rule for the purposes of this chapter is effective:
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[(1)
on the date that the regulation becomes effective
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as a federal regulation; and
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[(2)
whether or not the department has fulfilled the
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rulemaking provisions of Chapter 2001, Government Code.
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[(e)] If the board adopts a rule responding to [modifies or
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rejects] a federal regulation, the board shall comply with the |
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rulemaking provisions of Chapter 2001, Government Code. The board |
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shall also consult with the chairs of the appropriate standing |
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committees of the legislature before promulgating a rule proposed |
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in response to a federal regulation. |
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SECTION 5. (a) The Department of State Health Services |
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shall study food safety issues along the Texas border, including |
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the effect of any border violence on food safety inspections and |
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food importation. |
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(b) The Department of State Health Services shall submit a |
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report detailing the results of the study required under Subsection |
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(a) of this section to the legislature not later than December 1, |
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2012. |
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SECTION 6. (a) Except as provided by Subsection (b) of this |
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section, this Act takes effect September 1, 2011. |
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(b) Section 431.2211(a), Health and Safety Code, as amended |
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by of this Act, takes effect September 1, 2012. |