Amend CSSB 25 (senate committee report) as follows:
(1) In SECTION 9 of the bill, in added Section 431.0815(a), Health and Safety Code (page 5, line 9), between "sale" and "with", insert "in this state".
(2) In SECTION 9 of the bill, strike added Section 431.0815(a)(15), Health and Safety Code (page 5, line 27), and renumber subsequent subdivisions and any cross-references to those subdivisions accordingly.
(3) In SECTION 9 of the bill, in added Section 431.0815(c), Health and Safety Code (page 6, line 13), between "sale" and "on", insert "in this state".
(4) In SECTION 9 of the bill, strike added Section 431.0815(d), Health and Safety Code (page 6, lines 20-21), and substitute the following:
(d) This section does not apply to:
(1) an ingredient used in a product not intended for human consumption; or
(2) a prepared food or food ready for immediate consumption that is labeled and prepared, served, or sold in a retail establishment.
(5) Add the following appropriately numbered SECTION to the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION ____. Section 431.0805, Health and Safety Code, is amended by adding Subdivisions (6-a) and (11) to read as follows:
(6-a) "Food ready for immediate consumption" means food that:
(A) is prepared, served, or sold by a restaurant, lunch counter, cafeteria, deli, vending machine, hotel, mobile vendor, or similar place of business, including a grocery store containing a restaurant, lunch counter, cafeteria, deli, vending machine, or similar place of business; and
(B) requires no further preparation by the purchaser before consumption.
(11) "Prepared food" means:
(A) food ready for immediate consumption;
(B) food sold heated, including food heated by the seller;
(C) food served with eating utensils provided by the seller; and
(D) two or more food ingredients mixed or combined by the seller for sale as a single food item:
(i) including items sold by weight or volume as a single food item; and
(ii) not including food prepared at an off-site location, refrigerated food typically heated before consumption, or food only cut, repackaged, or pasteurized by the seller.