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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 in its original condition or original packaging |
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as received by the establishment; |
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(2) is labeled, which may include a handwritten label, |
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with the name and source of the food and the date the food is sold; |
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(3) for meat or poultry, bears an official mark of |
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inspection from the department or the United States Department of |
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Agriculture; |
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(4) 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 described by Subdivision (3); |
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(5) for a time and temperature control for safety food |
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as defined by Section 437.0196, does not exceed the shelf life |
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displayed on the food's packaging; and |
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(6) for food requiring refrigeration other than |
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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 that is not |
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labeled with the manufacturer's original labeling; 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 stored for a prolonged period. |
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SECTION 2. 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 Section 437.026, |
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Health and Safety Code, as added by this Act. |
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SECTION 3. Section 437.026, Health and Safety Code, as |
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added by this Act, applies only to the sale of food by a food service |
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establishment that occurs on or after the effective date of this |
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Act. The sale of food by a food service establishment that occurs |
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before the effective date of this Act is governed by the law in |
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effect on the date the sale occurred, and the former law is |
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continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2021. |