90R1262 AB-D
 
  By: Leo Wilson H.B. No. 451
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to labeling and representation of imported fish and
  shellfish.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Section 436.083, Health and
  Safety Code, is amended to read as follows:
         Sec. 436.083.  LABELING OF FISH AND SHELLFISH [SHRIMP].
         SECTION 2.  Sections 436.083(a), (b), (c), (e), and (g),
  Health and Safety Code, are amended to read as follows:
         (a)  For purposes of this section, a fish or shellfish
  [shrimp] is considered to be imported if the fish or shellfish
  [shrimp] does not satisfy the United States country of origin
  requirements for wild or farm-raised fish or 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 fish or shellfish [shrimp] in
  this state unless the fish's or shellfish's [shrimp's] label
  includes a clear and conspicuous notice stating whether the fish or
  shellfish [shrimp] is imported.
         (c)  A restaurant shall not label or represent imported fish
  or shellfish [shrimp] as "Texas fish or shellfish [shrimp],"
  "American fish or shellfish [shrimp]," "Domestic fish or shellfish
  [shrimp]," or "Gulf fish or shellfish [shrimp]."
         (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 fish or shellfish [shrimp]
  was not imported.
         (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 fish or shellfish [shrimp] packaged by itself or as an
  ingredient in another packaged food product that is sold packaged.
         SECTION 3.  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 amended by this Act.
         SECTION 4.  This Act takes effect September 1, 2027.