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A BILL TO BE ENTITLED
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AN ACT
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relating to labeling and representation of imported shrimp by |
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restaurants. |
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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 437.029 to read as follows: |
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Sec. 437.029. IMPORTED SHRIMP LABELING AND REPRESENTATION. |
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(a) For purposes of this section, a shrimp is considered to be |
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imported if the shrimp does not satisfy the United States country of |
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origin requirements for wild or farm-raised shellfish established |
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by 7 C.F.R. Section 60.128, or successor regulations. |
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(b) A restaurant shall not label or represent imported |
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shrimp as "Texas shrimp," "American shrimp," "Domestic shrimp," or |
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"Gulf shrimp." |
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(c) A restaurant shall not label or represent farm-raised |
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shrimp as "wild-caught shrimp." |
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(d) The department, a public health district, a county, or a |
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municipality that under Chapter 431 or 437 requires a restaurant to |
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hold a license or permit to operate in this state shall impose an |
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administrative penalty against the restaurant for a violation of |
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this section or a rule adopted under this section. |
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(e) It is an affirmative defense to the imposition of an |
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administrative penalty under this chapter for a violation of this |
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section that the restaurant believed in good faith the shrimp was |
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not imported or farm raised. |
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(f) 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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(g) This section does not apply to foods served or prepared |
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in similar retail food establishments, such as grocery stores or |
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other food enterprises located within grocery stores, or properly |
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labeled shrimp packaged by itself or as an ingredient in another |
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packaged food product that is sold packaged. |
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SECTION 2. Notwithstanding Section 437.029, Health and |
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Safety Code, as added by this Act, a restaurant is not required to |
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comply with that section before March 1, 2026. |
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SECTION 3. This Act takes effect September 1, 2025. |