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A BILL TO BE ENTITLED
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AN ACT
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relating to food allergen awareness in food service establishments. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 437, Health and Safety Code, is amended |
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by adding Section 437.024 to read as follows: |
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Sec. 437.024. FOOD ALLERGEN AWARENESS. (a) A food service |
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establishment shall display a poster relating to food allergen |
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awareness in an area of the establishment accessible primarily to |
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employees of the establishment. The department shall determine the |
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form and content of the poster and post a sample poster on the |
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department's Internet website. |
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(b) A food service establishment may display the |
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information from the sample poster in lieu of the poster, provided |
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that the information is presented and posted in a manner that is |
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easily readable by the establishment's employees in the selected |
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employee area. |
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(c) The poster or posted information must include |
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information regarding: |
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(1) the risk of an allergic reaction; |
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(2) the major food allergens, including milk, wheat, |
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eggs, soy, shellfish, peanuts, tree nuts, and fish; and |
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(3) methods for preventing cross-contamination in |
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food preparation. |
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(d) The executive commissioner shall adopt rules necessary |
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to implement this section. |
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(e) This section does not create a private cause of action |
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or change any common law or statutory duty. |
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SECTION 2. Not later than December 1, 2019: |
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(1) the Department of State Health Services shall |
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determine the form and content of the poster and post the sample |
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poster on the department's Internet website as required by Section |
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437.024, Health and Safety Code, as added by this Act; and |
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(2) the executive commissioner of the Health and Human |
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Services Commission shall adopt any rules necessary to implement |
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Section 437.024, Health and Safety Code, as added by this Act. |
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SECTION 3. Notwithstanding Section 437.024, Health and |
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Safety Code, as added by this Act, a food service establishment is |
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not required to comply with that section before January 1, 2020. |
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SECTION 4. This Act takes effect September 1, 2019. |