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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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food manager certifications, and food service programs. |
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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 Food |
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Allergy Awareness Act. |
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SECTION 2. Chapter 437, Health and Safety Code, is amended |
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by adding Section 437.027 to read as follows: |
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Sec. 437.027. FOOD ALLERGEN AWARENESS POSTER. (a) A food |
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service establishment shall display a poster relating to food |
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allergen awareness in an area of the establishment regularly |
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accessible to the establishment's food service employees. The |
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department shall: |
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(1) collaborate with individuals with expertise and |
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knowledge regarding food allergies to determine the form and |
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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 the |
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poster contains current information about food allergens and |
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remains consistent with standards promulgated by the United States |
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Food and Drug Administration. |
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(b) The poster must include information regarding: |
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(1) the risk of an allergic reaction to a food |
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allergen; |
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(2) symptoms of an allergic reaction; |
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(3) the major food allergens, as determined by federal |
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law and regulations of the United States Food and Drug |
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Administration; |
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(4) the procedures for preventing an allergic |
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reaction; and |
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(5) appropriate responses for assisting an individual |
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who is having an allergic reaction. |
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(c) The executive commissioner shall adopt rules necessary |
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to implement this section. |
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(d) 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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(e) Notwithstanding any other law, a county, municipality, |
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or public health district may not adopt or enforce an order, |
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ordinance, rule, or other measure that is inconsistent with or |
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exceeds the requirements of this section. |
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SECTION 3. Section 438.043(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The department may not accredit an education or training |
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program unless the program includes: |
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(1) four hours of training on the subject of food, |
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including: |
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(A) a description of food-borne disease and its |
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cause and prevention; [and] |
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(B) protection of food in location, receipt, |
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storage, preparation, service, and transportation; and |
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(C) the food allergen awareness information |
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described by Section 437.027(b); |
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(2) four hours of training on the subject of food |
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service facilities, including: |
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(A) waste disposal and sanitary plumbing and |
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water; |
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(B) cleaning and sanitization of dishes and |
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utensils; |
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(C) storage of equipment and utensils; |
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(D) housekeeping procedures and schedules; |
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(E) proper handling of nonfood supplies, |
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including single service items, linens, and toxic materials; and |
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(F) cleanliness of the physical plant, including |
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building construction, ventilation, lighting, pest control, and |
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general safety of the environment; |
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(3) two hours of training on the subject of sanitary |
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habits for food handlers, including: |
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(A) personal hygiene, including proper dress, |
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handwashing, personal habits, and illness; |
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(B) food handling practices, including minimum |
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handling and proper use of food service utensils; and |
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(C) operational problems, including |
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identification and correction of commonly occurring deficiencies; |
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and |
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(4) four hours of training on the subject of |
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management in the food service industry, including: |
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(A) self-inspection promotion and techniques; |
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(B) motivation, including safety, the economics |
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of safe food handling, and planning to meet sanitation guidelines; |
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and |
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(C) personnel training, including management |
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responsibility, resources, and methods. |
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SECTION 4. Section 438.103, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 438.103. CERTIFICATION AND RENEWAL OF |
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CERTIFICATION; EXAMINATION REQUIRED. (a) A person who satisfies |
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the requirements of this subchapter may receive and renew a food |
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manager certificate by passing a state-approved examination. |
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(b) A state-approved examination for issuance or renewal of |
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a food manager certificate must test an applicant on the food |
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allergen awareness information described by Section 437.027(b). |
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SECTION 5. Not later than December 1, 2023: |
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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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437.027, Health and Safety Code, as added by this Act; |
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(2) the Department of State Health Services shall |
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update the education or training program as required by Section |
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438.043, Health and Safety Code, as amended by this Act; and |
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(3) 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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the changes in law made by this Act. |
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SECTION 6. The changes in law made by this Act apply only to |
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a food manager certificate issued or renewed on or after September |
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1, 2024. A certificate issued before that date is covered by the |
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law in effect when the certificate was issued, and the former law is |
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continued in effect for that purpose. |
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SECTION 7. Notwithstanding Section 437.027, 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 September 1, 2024. |
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SECTION 8. This Act takes effect September 1, 2023. |