Texas 2009 - 81st Regular

Texas House Bill HB1523 Compare Versions

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Old	New	Differences
1	1	81R26581 SJM-D
2	2	By: Alvarado, Lucio III, Zerwas, Gonzales, H.B. No. 1523
3	3	Coleman, et al.
4	4	Substitute the following for H.B. No. 1523:
5	5	By: Zerwas C.S.H.B. No. 1523
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to a prohibition of foods containing trans fat.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 437, Health and Safety Code, is amended
13	13	by adding Section 437.022 to read as follows:
14	14	Sec. 437.022. FOODS CONTAINING TRANS FAT. (a) In this
15	15	section:
16	16	(1) "Food" and "label" have the meanings assigned by
17	17	Section 431.002.
18	18	(2) "Food service establishment" means a business that
19	19	sells or otherwise serves individual portions of food, intended for
20	20	human consumption, directly to the consumer.
21	21	(3) "Trans fat" means a food or food additive
22	22	artificially created by partial hydrogenation.
23	23	(b) This section does not apply to:
24	24	(1) a nonprofit organization, as defined by Section
25	25	223.002, that serves food to the public only four days or less in
26	26	any week, except that once each year the organization may serve food
27	27	to the public for not more than 14 consecutive days;
28	28	(2) a volunteer fire department that serves food to
29	29	the public only four days or less in any week, except that once each
30	30	year the fire department may serve food to the public for not more
31	31	than 30 consecutive days;
32	32	(3) a kitchen in a private home where food is prepared
33	33	at no charge for guests in the home or at a social gathering;
34	34	(4) a shelter where food is prepared at no charge for
35	35	unemployed, homeless, or other disadvantaged populations;
36	36	(5) a caterer that prepares food for consumption by
37	37	persons in a private home or at a private social gathering;
38	38	(6) a food preparation area or serving area where only
39	39	food that is not potentially hazardous food, as determined under
40	40	the 2005 Model Food Code of the United States Food and Drug
41	41	Administration and the guidelines interpreting that model code, or
42	42	a subsequent model food code and related guidelines adopted by
43	43	department rule, is prepared or served by an organization described
44	44	by Subdivision (1) or (2); or
45	45	(7) a business that attributes at least 50 percent of
46	46	the business's gross receipts to the retail sale of gasoline and
47	47	diesel fuel to consumers.
48	48	(c) A food service establishment shall maintain on the food
49	49	service establishment's premises an original label for any food or
50	50	food additive that is required by federal law to have a label
51	51	affixed to it when purchased and that contains a fat for as long as
52	52	the food or food additive is used, stored, or served by the food
53	53	service establishment.
54	54	(d) On request, a food service establishment shall make a
55	55	label required under Subsection (c) available to a person
56	56	conducting an inspection under Section 437.009.
57	57	(e) A food service establishment may not package, store, or
58	58	use a trans fat to prepare or serve food, except for:
59	59	(1) a trans fat used to deep-fry yeast dough or cake
60	60	batter; or
61	61	(2) a packaged food to be served in its original
62	62	package with a label indicating that the food has a trans fat
63	63	content of less than 0.5 grams per serving.
64	64	(e-1) Subsection (e) does not apply to a food service
65	65	establishment that is not part of a chain operating with the same
66	66	name or as a franchised outlet of the same parent company at 15 or
67	67	more locations in this state. This subsection expires August 31,
68	68	2011.
69	69	(f) A food service establishment may not prepare, package,
70	70	store, or serve a food containing trans fat except for a packaged
71	71	food served in an original package with a label indicating that the
72	72	food has a trans fat content of less than 0.5 grams per serving.
73	73	(g) Subsections (e) and (f) do not apply to a food service
74	74	establishment that contracts with a food manufacturer or
75	75	distributor for the provision of a food that is prepared wholly or
76	76	partly by the manufacturer or distributor and served by the food
77	77	service establishment without the food's original packaging. For
78	78	an individual food service establishment, the exemption under this
79	79	subsection expires on the later of:
80	80	(1) the date the contract between the food service
81	81	establishment and the food manufacturer or distributor expires,
82	82	excluding an extension provided for on or after September 1, 2009,
83	83	if the contract was executed before September 1, 2009; or
84	84	(2) August 31, 2011.
85	85	SECTION 2. This Act takes effect September 1, 2009, except
86	86	that Section 437.022(e), Health and Safety Code, as added by this
87	87	Act, takes effect September 1, 2010, and Section 437.022(f), Health
88	88	and Safety Code, as added by this Act, takes effect September 1,
89	89	2011.