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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. This Act may be cited as the Sergio Lopez Allergy |
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Awareness Act. |
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SECTION 2. Chapter 437, Health and Safety Code, is amended |
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by adding Section 437.026 to read as follows: |
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Sec. 437.026. 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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food service employees of the establishment. The department shall: |
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(1) determine the form and content of the poster; |
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(2) post a sample poster on the department's Internet |
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website; and |
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(3) update the poster as necessary to ensure that the |
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poster contains current information about food allergens. |
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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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the information is presented and posted in a manner that is easily |
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readable by the establishment's food service employees in the |
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selected employee area. |
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(c) The poster or posted information must: |
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(1) state that a reaction to a food allergen is |
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potentially life-threatening; and |
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(2) include information regarding: |
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(A) the risk of an allergic reaction to a food |
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allergen; |
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(B) the major food allergens, including milk, |
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wheat, eggs, soy, crustacean shellfish, peanuts, tree nuts, and |
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fish; |
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(C) the proper methods and procedures for |
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checking ingredients in food items, including unexpected or hidden |
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ingredients; |
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(D) the importance of clear communication |
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between customers with food allergies and the establishment's staff |
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concerning food allergens; and |
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(E) methods for preventing cross-contact in food |
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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 3. Not later than December 1, 2021: |
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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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437.026, 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 437.026, Health and Safety Code, as added by this Act. |
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SECTION 4. Notwithstanding Section 437.026, 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, 2022. |
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SECTION 5. This Act takes effect September 1, 2021. |