By: Nelson S.B. No. 81

(In the Senate - Filed November 8, 2010; January 31, 2011, read first time and referred to Committee on Health and Human Services; February 22, 2011, reported favorably by the following vote: Yeas 8, Nays 0; February 22, 2011, sent to printer.)

A BILL TO BE ENTITLED

AN ACT

relating to food manufacturers, food wholesalers, and warehouse operators required to hold a license.

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

SECTION 1. Subsection (a), Section 431.2211, 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 2. This Act takes effect September 1, 2012.

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