| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to labeling and representation of imported shrimp; |
|
|
authorizing an administrative penalty. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter F, Chapter 436, Health and Safety |
|
|
Code, is amended by adding Section 436.083 to read as follows: |
|
|
Sec. 436.083. LABELING OF SHRIMP. (a) For purposes of this |
|
|
section, a shrimp is considered to be imported if the shrimp does |
|
|
not satisfy the United States country of origin requirements for |
|
|
wild or farm-raised shellfish established by 7 C.F.R. Section |
|
|
60.128, or successor regulations. |
|
|
(b) A food service supplier, wholesaler, distributor, or |
|
|
wholesale distributor may not sell shrimp in this state unless the |
|
|
shrimp's label includes a clear and conspicuous notice stating |
|
|
whether the shrimp is imported. |
|
|
(c) A restaurant shall not label or represent imported |
|
|
shrimp as "Texas shrimp," "American shrimp," "Domestic shrimp," or |
|
|
"Gulf shrimp." |
|
|
(d) The department, a public health district, a county, or a |
|
|
municipality that under Chapter 431 or 437 requires a restaurant, |
|
|
food service supplier, wholesaler, distributor, or wholesale |
|
|
distributor to hold a license or permit to operate in this state may |
|
|
impose an administrative penalty against the license or permit |
|
|
holder for a violation of this section or a rule adopted under this |
|
|
section. |
|
|
(e) It is an affirmative defense to the imposition of an |
|
|
administrative penalty under this section that the license or |
|
|
permit holder believed in good faith the shrimp was not imported. |
|
|
(f) This section does not create a private cause of action |
|
|
or change any common law or statutory duty. |
|
|
(g) This section does not apply to foods served or prepared |
|
|
in similar retail food establishments, such as grocery stores or |
|
|
other food enterprises located within grocery stores, or properly |
|
|
labeled shrimp packaged by itself or as an ingredient in another |
|
|
packaged food product that is sold packaged. |
|
|
SECTION 2. As soon as practicable after the effective date |
|
|
of this Act, the executive commissioner of the Health and Human |
|
|
Services Commission shall adopt rules necessary to implement |
|
|
Section 436.083, Health and Safety Code, as added by this Act. |
|
|
SECTION 3. This Act takes effect September 1, 2025. |