By: Nelson S.B. No. 1329
A BILL TO BE ENTITLED
AN ACT
relating to regulation of certain license holders to control
food-borne illnesses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 431, Health and Safety
Code, is amended by adding Section 431.085 to read as follows:
Sec. 431.085. REPORTABLE PATHOGENS AND REQUIRED TESTING.
(a) In this section:
(1) "Food manufacturer" and "food wholesaler" have the
meanings assigned by Section 431.221.
(2) "Public health disaster" has the meaning assigned
by Section 81.003.
(b) The executive commissioner of the Health and Human
Services Commission, by rule, may require a food manufacturer or
food wholesaler to test products specified by the department for
pathogenic microorganisms or toxins injurious to human health.
(c) A food manufacturer or food wholesaler in this state
shall report test results of products that test positive for
pathogenic microorganisms or toxins injurious to human health as
provided by department rule.
(d) The department shall maintain and revise as necessary
the list of reportable food-borne pathogenic microorganisms or
toxins. The list must include salmonella.
(e) In a public health disaster, the commissioner may
require testing for or reports of food-borne pathogenic
microorganisms or toxins from providers without a department rule
or other action. The commissioner shall issue appropriate
instructions relating to complying with the testing and reporting
requirements of this section.
SECTION 2. Subsection (a), Section 431.2211, Health and
Safety Code, is amended to read as follows:
(a) A person is not required to hold a license under this
subchapter if the person is:
(1) a person, firm, or corporation that only harvests,
packages, or washes[, or ships] raw fruits or vegetables for
shipment at the location of harvest;
(2) an individual who only sells prepackaged
nonperishable foods, including dietary supplements, from a private
home as a direct seller;
(3) a person who holds a license under Chapter 432 and
who only engages in conduct within the scope of that license; or
(4) a restaurant that provides food for immediate
human consumption to a political subdivision or to a licensed
nonprofit organization if the restaurant would not otherwise be
required to hold a license under this subchapter.
SECTION 3. A person is not required to perform tests or
report the results of tests performed under Section 431.085, Health
and Safety Code, as added by this Act, before January 1, 2010.
SECTION 4. (a) Except as provided by Subsection (b) of
this section, this Act takes effect September 1, 2009.
(b) Section 2 of this Act takes effect September 1, 2010.