| |
| |
| |
|
|
AN ACT
|
|
|
relating to food allergen awareness in food service establishments, |
|
|
food handler and food manager certifications, and food service |
|
|
training or education programs. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. This Act may be cited as the Sergio Lopez Food |
|
|
Allergy Awareness Act. |
|
|
SECTION 2. Chapter 437, Health and Safety Code, is amended |
|
|
by adding Section 437.027 to read as follows: |
|
|
Sec. 437.027. FOOD ALLERGEN AWARENESS POSTER. (a) A food |
|
|
service establishment shall display a poster relating to food |
|
|
allergen awareness in an area of the establishment regularly |
|
|
accessible to the establishment's food service employees. The |
|
|
department shall: |
|
|
(1) collaborate with individuals with expertise and |
|
|
knowledge regarding food allergies to determine the form and |
|
|
content of the poster; |
|
|
(2) post a sample poster on the department's Internet |
|
|
website; and |
|
|
(3) update the poster as necessary to ensure the |
|
|
poster contains current information about food allergens and |
|
|
remains consistent with standards promulgated by the United States |
|
|
Food and Drug Administration. |
|
|
(b) The poster must include information regarding: |
|
|
(1) the risk of an allergic reaction to a food |
|
|
allergen; |
|
|
(2) symptoms of an allergic reaction; |
|
|
(3) the major food allergens, as determined by federal |
|
|
law and regulations of the United States Food and Drug |
|
|
Administration; |
|
|
(4) the procedures for preventing an allergic |
|
|
reaction; and |
|
|
(5) appropriate responses for assisting an individual |
|
|
who is having an allergic reaction. |
|
|
(c) The executive commissioner shall adopt rules necessary |
|
|
to implement this section. |
|
|
(d) This section does not create a private cause of action |
|
|
or change any common law or statutory duty. |
|
|
(e) Notwithstanding any other law, a county, municipality, |
|
|
or public health district may not adopt or enforce an order, |
|
|
ordinance, rule, or other measure related to food allergens that is |
|
|
inconsistent with or exceeds the requirements of this section or |
|
|
Chapter 438. |
|
|
SECTION 3. Section 438.043(a), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(a) The department may not accredit an education or training |
|
|
program unless the program includes: |
|
|
(1) four hours of training on the subject of food, |
|
|
including: |
|
|
(A) a description of food-borne disease and its |
|
|
cause and prevention; [and] |
|
|
(B) protection of food in location, receipt, |
|
|
storage, preparation, service, and transportation; and |
|
|
(C) the food allergen awareness information |
|
|
described by Section 437.027(b); |
|
|
(2) four hours of training on the subject of food |
|
|
service facilities, including: |
|
|
(A) waste disposal and sanitary plumbing and |
|
|
water; |
|
|
(B) cleaning and sanitization of dishes and |
|
|
utensils; |
|
|
(C) storage of equipment and utensils; |
|
|
(D) housekeeping procedures and schedules; |
|
|
(E) proper handling of nonfood supplies, |
|
|
including single service items, linens, and toxic materials; and |
|
|
(F) cleanliness of the physical plant, including |
|
|
building construction, ventilation, lighting, pest control, and |
|
|
general safety of the environment; |
|
|
(3) two hours of training on the subject of sanitary |
|
|
habits for food handlers, including: |
|
|
(A) personal hygiene, including proper dress, |
|
|
handwashing, personal habits, and illness; |
|
|
(B) food handling practices, including minimum |
|
|
handling and proper use of food service utensils; and |
|
|
(C) operational problems, including |
|
|
identification and correction of commonly occurring deficiencies; |
|
|
and |
|
|
(4) four hours of training on the subject of |
|
|
management in the food service industry, including: |
|
|
(A) self-inspection promotion and techniques; |
|
|
(B) motivation, including safety, the economics |
|
|
of safe food handling, and planning to meet sanitation guidelines; |
|
|
and |
|
|
(C) personnel training, including management |
|
|
responsibility, resources, and methods. |
|
|
SECTION 4. Section 438.0431(b), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(b) The executive commissioner shall by rule define the |
|
|
basic food safety training or education required to be included in a |
|
|
course curriculum. The course curriculum must include the food |
|
|
allergen awareness information described by Section 437.027(b). |
|
|
The course length may not exceed two hours. |
|
|
SECTION 5. Section 438.103, Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
Sec. 438.103. CERTIFICATION AND RENEWAL OF |
|
|
CERTIFICATION; EXAMINATION REQUIRED. (a) A person who satisfies |
|
|
the requirements of this subchapter may receive and renew a food |
|
|
manager certificate by passing a state-approved examination. |
|
|
(b) A state-approved examination for issuance or renewal of |
|
|
a food manager certificate must test an applicant on the food |
|
|
allergen awareness information described by Section 437.027(b). |
|
|
SECTION 6. Chapter 438, Health and Safety Code, is amended |
|
|
by adding Subchapter I to read as follows: |
|
|
SUBCHAPTER I. MISCELLANEOUS PROVISIONS |
|
|
Sec. 438.201. NO PRIVATE CAUSE OF ACTION. The provisions of |
|
|
this chapter related to food allergens do not create a private cause |
|
|
of action or change any common law or statutory duty. |
|
|
Sec. 438.202. CERTAIN REGULATIONS PROHIBITED. |
|
|
Notwithstanding any other law, a county, municipality, or public |
|
|
health district may not adopt or enforce an order, ordinance, rule, |
|
|
or other measure related to food allergens that is inconsistent |
|
|
with or exceeds the requirements of this chapter or Section |
|
|
437.027. |
|
|
SECTION 7. Not later than December 1, 2023: |
|
|
(1) the Department of State Health Services shall |
|
|
determine the form and content of the poster and post the sample |
|
|
poster on the department's Internet website as required by Section |
|
|
437.027, Health and Safety Code, as added by this Act; |
|
|
(2) the Department of State Health Services shall |
|
|
update the education or training program accreditation |
|
|
requirements and course curriculum as required by Sections 438.043 |
|
|
and 438.0431, Health and Safety Code, as amended by this Act; and |
|
|
(3) the executive commissioner of the Health and Human |
|
|
Services Commission shall adopt any rules necessary to implement |
|
|
the changes in law made by this Act. |
|
|
SECTION 8. The changes in law made by this Act apply only to |
|
|
a food manager or food handler certificate issued or renewed on or |
|
|
after September 1, 2024. A certificate issued before that date is |
|
|
covered by the law in effect when the certificate was issued, and |
|
|
the former law is continued in effect for that purpose. |
|
|
SECTION 9. Notwithstanding Section 437.027, Health and |
|
|
Safety Code, as added by this Act, a food service establishment is |
|
|
not required to comply with that section before September 1, 2024. |
|
|
SECTION 10. This Act takes effect September 1, 2023. |
|
|
|
|
|
|
| |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
|
|
I hereby certify that S.B. No. 812 passed the Senate on |
|
|
April 6, 2023, by the following vote: Yeas 26, Nays 5. |
|
|
|
| |
| |
______________________________ |
| |
Secretary of the Senate |
| |
|
|
I hereby certify that S.B. No. 812 passed the House on |
|
|
May 24, 2023, by the following vote: Yeas 95, Nays 49, one |
|
|
present not voting. |
|
|
|
| |
| |
______________________________ |
| |
Chief Clerk of the House |
| |
|
|
|
| |
|
|
Approved: |
|
|
|
|
|
______________________________ |
|
|
Date |
|
|
|
|
|
|
|
|
______________________________ |
|
|
Governor |