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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 fish and |
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shellfish. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 436.083, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 436.083. LABELING OF FISH AND SHELLFISH [SHRIMP]. |
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SECTION 2. Sections 436.083(a), (b), (c), (e), and (g), |
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Health and Safety Code, are amended to read as follows: |
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(a) For purposes of this section, a fish or shellfish |
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[shrimp] is considered to be imported if the fish or shellfish |
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[shrimp] does not satisfy the United States country of origin |
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requirements for wild or farm-raised fish or shellfish established |
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by 7 C.F.R. Section 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 fish or shellfish [shrimp] in |
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this state unless the fish's or shellfish's [shrimp's] label |
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includes a clear and conspicuous notice stating whether the fish or |
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shellfish [shrimp] is imported. |
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(c) A restaurant shall not label or represent imported fish |
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or shellfish [shrimp] as "Texas fish or shellfish [shrimp]," |
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"American fish or shellfish [shrimp]," "Domestic fish or shellfish |
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[shrimp]," or "Gulf fish or shellfish [shrimp]." |
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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 fish or shellfish [shrimp] |
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was not imported. |
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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 fish or shellfish [shrimp] packaged by itself or as an |
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ingredient in another packaged food product that is sold packaged. |
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SECTION 3. 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 amended by this Act. |
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SECTION 4. This Act takes effect September 1, 2027. |