|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the sale of certain food by food service |
|
establishments. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Chapter 437, Health and Safety Code, is amended |
|
by adding Section 437.026 to read as follows: |
|
Sec. 437.026. SALE OF CERTAIN FOOD BY FOOD SERVICE |
|
ESTABLISHMENT. (a) Except as provided by Subsection (b), a food |
|
service establishment that holds a permit under this chapter may |
|
sell directly to an individual consumer food, other than prepared |
|
food, that: |
|
(1) is in its original condition or original packaging |
|
as received by the establishment; |
|
(2) is labeled, which may include a handwritten label, |
|
with the name and source of the food and the date the food is sold; |
|
(3) for meat or poultry, bears an official mark of |
|
inspection from the department or the United States Department of |
|
Agriculture; |
|
(4) for a meat product or poultry product, is obtained |
|
from a source that is appropriately inspected and bears an official |
|
mark of inspection described by Subdivision (3); |
|
(5) for a time and temperature control for safety food |
|
as defined by Section 437.0196, does not exceed the shelf life |
|
displayed on the food's packaging; and |
|
(6) for food requiring refrigeration other than |
|
produce, is: |
|
(A) maintained at or below 41 degrees Fahrenheit |
|
until the establishment sells or donates the food; and |
|
(B) protected from contamination. |
|
(b) A food service establishment described by Subsection |
|
(a) may not sell directly to an individual consumer food that is: |
|
(1) in a package exhibiting damage or that is not |
|
labeled with the manufacturer's original labeling; or |
|
(2) distressed because the food: |
|
(A) has been subjected to fire, flooding, |
|
excessive heat, smoke, radiation, or another environmental |
|
contamination; |
|
(B) is not held at the correct temperature for |
|
the food type; or |
|
(C) is stored for a prolonged period. |
|
SECTION 2. As soon as practicable after the effective date |
|
of this Act, the executive commissioner of the Health and Human |
|
Services Commission shall adopt rules to implement Section 437.026, |
|
Health and Safety Code, as added by this Act. |
|
SECTION 3. Section 437.026, Health and Safety Code, as |
|
added by this Act, applies only to the sale of food by a food service |
|
establishment that occurs on or after the effective date of this |
|
Act. The sale of food by a food service establishment that occurs |
|
before the effective date of this Act is governed by the law in |
|
effect on the date the sale occurred, and the former law is |
|
continued in effect for that purpose. |
|
SECTION 4. This Act takes effect September 1, 2021. |