S.B. No. 812
 
 
 
 
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