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A BILL TO BE ENTITLED
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AN ACT
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relating to the sale of certain food by food service |
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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 437.026 to read as follows: |
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Sec. 437.026. SALE OF CERTAIN FOOD BY FOOD SERVICE |
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ESTABLISHMENT. (a) Except as provided by Subsection (b), a food |
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service establishment that holds a permit under this chapter may |
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sell directly to an individual consumer food, other than prepared |
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food, that: |
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(1) is labeled, which may include a handwritten label, |
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with any information required by the department's food service |
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establishment rules; |
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(2) for a meat product or poultry product, is obtained |
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from a source that is appropriately inspected and bears an official |
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mark of inspection from the department or the United States |
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Department of Agriculture; and |
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(3) for food requiring refrigeration other than whole, |
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uncut produce, is: |
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(A) maintained at or below 41 degrees Fahrenheit |
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until the establishment sells or donates the food; and |
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(B) protected from contamination. |
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(b) A food service establishment described by Subsection |
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(a) may not sell directly to an individual consumer food that is: |
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(1) in a package exhibiting damage; or |
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(2) distressed because the food: |
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(A) has been subjected to fire, flooding, |
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excessive heat, smoke, radiation, or another environmental |
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contamination; |
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(B) is not held at the correct temperature for |
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the food type; or |
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(C) is not in good condition. |
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(c) A municipality or public health district may not require |
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a food service establishment that sells food directly to an |
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individual consumer under this section to obtain a food |
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manufacturer license or permit if the establishment: |
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(1) complies with this section; and |
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(2) is not required to hold a food manufacturer |
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license or permit under other state law. |
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SECTION 2. 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 raw fruits or vegetables for shipment at the |
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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: |
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(A) provides food for immediate human |
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consumption to a political subdivision or to a licensed nonprofit |
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organization if the restaurant would not otherwise be required to |
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hold a license under this subchapter; or |
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(B) sells food directly to an individual consumer |
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if: |
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(i) the restaurant holds a permit as a food |
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service establishment under Chapter 437; |
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(ii) the restaurant complies with Section |
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437.026; and |
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(iii) the restaurant is not otherwise |
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required to hold a license under this subchapter. |
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SECTION 3. As soon as practicable after the effective date |
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of this Act, the executive commissioner of the Health and Human |
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Services Commission shall adopt rules to implement the changes in |
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law made by this Act. |
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SECTION 4. The changes in law made by this Act apply only to |
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the sale of food by a food service establishment that occurs on or |
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after the effective date of this Act. The sale of food by a food |
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service establishment that occurs before the effective date of this |
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Act is governed by the law in effect on the date the sale occurred, |
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and the former law is continued in effect for that purpose. |
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SECTION 5. Section 431.2211(a), Health and Safety Code, as |
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amended by this Act, applies only to a license issued or renewed on |
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or after the effective date of this Act. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |