81R26581 SJM-D
By: Alvarado, Lucio III, Zerwas, Gonzales, H.B. No. 1523
Coleman, et al.
Substitute the following for H.B. No. 1523:
By: Zerwas C.S.H.B. No. 1523
A BILL TO BE ENTITLED
AN ACT
relating to a prohibition of foods containing trans fat.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 437, Health and Safety Code, is amended
by adding Section 437.022 to read as follows:
Sec. 437.022. FOODS CONTAINING TRANS FAT. (a) In this
section:
(1) "Food" and "label" have the meanings assigned by
Section 431.002.
(2) "Food service establishment" means a business that
sells or otherwise serves individual portions of food, intended for
human consumption, directly to the consumer.
(3) "Trans fat" means a food or food additive
artificially created by partial hydrogenation.
(b) This section does not apply to:
(1) a nonprofit organization, as defined by Section
223.002, that serves food to the public only four days or less in
any week, except that once each year the organization may serve food
to the public for not more than 14 consecutive days;
(2) a volunteer fire department that serves food to
the public only four days or less in any week, except that once each
year the fire department may serve food to the public for not more
than 30 consecutive days;
(3) a kitchen in a private home where food is prepared
at no charge for guests in the home or at a social gathering;
(4) a shelter where food is prepared at no charge for
unemployed, homeless, or other disadvantaged populations;
(5) a caterer that prepares food for consumption by
persons in a private home or at a private social gathering;
(6) a food preparation area or serving area where only
food that is not potentially hazardous food, as determined under
the 2005 Model Food Code of the United States Food and Drug
Administration and the guidelines interpreting that model code, or
a subsequent model food code and related guidelines adopted by
department rule, is prepared or served by an organization described
by Subdivision (1) or (2); or
(7) a business that attributes at least 50 percent of
the business's gross receipts to the retail sale of gasoline and
diesel fuel to consumers.
(c) A food service establishment shall maintain on the food
service establishment's premises an original label for any food or
food additive that is required by federal law to have a label
affixed to it when purchased and that contains a fat for as long as
the food or food additive is used, stored, or served by the food
service establishment.
(d) On request, a food service establishment shall make a
label required under Subsection (c) available to a person
conducting an inspection under Section 437.009.
(e) A food service establishment may not package, store, or
use a trans fat to prepare or serve food, except for:
(1) a trans fat used to deep-fry yeast dough or cake
batter; or
(2) a packaged food to be served in its original
package with a label indicating that the food has a trans fat
content of less than 0.5 grams per serving.
(e-1) Subsection (e) does not apply to a food service
establishment that is not part of a chain operating with the same
name or as a franchised outlet of the same parent company at 15 or
more locations in this state. This subsection expires August 31,
2011.
(f) A food service establishment may not prepare, package,
store, or serve a food containing trans fat except for a packaged
food served in an original package with a label indicating that the
food has a trans fat content of less than 0.5 grams per serving.
(g) Subsections (e) and (f) do not apply to a food service
establishment that contracts with a food manufacturer or
distributor for the provision of a food that is prepared wholly or
partly by the manufacturer or distributor and served by the food
service establishment without the food's original packaging. For
an individual food service establishment, the exemption under this
subsection expires on the later of:
(1) the date the contract between the food service
establishment and the food manufacturer or distributor expires,
excluding an extension provided for on or after September 1, 2009,
if the contract was executed before September 1, 2009; or
(2) August 31, 2011.
SECTION 2. This Act takes effect September 1, 2009, except
that Section 437.022(e), Health and Safety Code, as added by this
Act, takes effect September 1, 2010, and Section 437.022(f), Health
and Safety Code, as added by this Act, takes effect September 1,
2011.