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AN ACT
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relating to labeling and representation of imported shrimp; |
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authorizing an administrative penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter F, Chapter 436, Health and Safety |
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Code, is amended by adding Section 436.083 to read as follows: |
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Sec. 436.083. LABELING OF SHRIMP. (a) For purposes of this |
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section, a shrimp is considered to be imported if the shrimp does |
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not satisfy the United States country of origin requirements for |
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wild or farm-raised shellfish established by 7 C.F.R. Section |
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60.128, or successor regulations. |
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(b) A food service supplier, wholesaler, distributor, or |
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wholesale distributor may not sell shrimp in this state unless the |
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shrimp's label includes a clear and conspicuous notice stating |
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whether the shrimp is imported. |
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(c) 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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(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, |
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food service supplier, wholesaler, distributor, or wholesale |
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distributor to hold a license or permit to operate in this state may |
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impose an administrative penalty against the license or permit |
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holder for a violation of this section or a rule adopted under this |
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section. |
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(e) It is an affirmative defense to the imposition of an |
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administrative penalty under this section that the license or |
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permit holder believed in good faith the shrimp was not imported. |
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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. As soon as practicable after the effective date |
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of this Act, the executive commissioner of the Health and Human |
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Services Commission shall adopt rules necessary to implement |
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Section 436.083, Health and Safety Code, as added by this Act. |
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SECTION 3. This Act takes effect September 1, 2025. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 823 passed the Senate on |
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May 23, 2025, by the following vote: Yeas 28, Nays 3. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 823 passed the House on |
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May 28, 2025, by the following vote: Yeas 128, Nays 13, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |