Texas 2009 - 81st Regular

Texas Senate Bill SB1883 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R8728 JSC-F
2	2	By: Ellis S.B. No. 1883
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to food safety.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subchapter J, Chapter 431, Health and Safety
10	10	Code, is amended by adding Section 431.227 to read as follows:
11	11	Sec. 431.227. DUTIES OF FOOD MANUFACTURERS. (a) A food
12	12	manufacturer that tests for contamination food manufactured by the
13	13	manufacturer or any food additive, raw agricultural commodity, or
14	14	other ingredient used in the food shall immediately report to the
15	15	department if the food manufacturer finds that the food or
16	16	ingredient contains a substance, microorganism, pathogen, or other
17	17	contaminant that is injurious to health or that is present in a
18	18	quantity that is injurious to health.
19	19	(b) The department by rule shall develop protocols to assess
20	20	the threat of contamination and protect the public health.
21	21	SECTION 2. Chapter 437, Health and Safety Code, is amended
22	22	by adding Section 437.0057 to read as follows:
23	23	Sec. 437.0057. REGULATION OF FOOD HANDLERS BY COUNTIES,
24	24	PUBLIC HEALTH DISTRICTS, AND THE DEPARTMENT. (a) A county, a
25	25	public health district, or the department may require certification
26	26	under Subchapter D, Chapter 438, obtained not later than the 30th
27	27	day after the date a food handler is employed for each food handler
28	28	who is employed by a food service establishment in which food is
29	29	prepared on-site for sale to the public and which holds a permit
30	30	issued by the county, the public health district, or the
31	31	department. This section applies without regard to whether the
32	32	food service establishment is at a fixed location or is a mobile
33	33	food unit.
34	34	(b) The requirements of certification under this section
35	35	may not be more stringent than the requirements of Subchapter D,
36	36	Chapter 438.
37	37	(c) A county, a public health district, or the department
38	38	may not require an establishment that handles only prepackaged food
39	39	and does not prepare or package food to employ certified food
40	40	handlers under this section.
41	41	(d) A county, a public health district, or the department
42	42	may exempt a food service establishment from the requirement that
43	43	the county, public health district, or department has imposed under
44	44	Subsection (a) if the county, the public health district, or the
45	45	department determines that the application of Subsection (a) to
46	46	that establishment is not necessary to protect public health and
47	47	safety.
48	48	(e) A person employed as a food handler on the date a
49	49	certification requirement imposed by a county, a public health
50	50	district, or the department under this section becomes effective is
51	51	not required to obtain certification until the 60th day after the
52	52	date the requirement becomes effective.
53	53	SECTION 3. Section 438.032(b), Health and Safety Code, is
54	54	amended to read as follows:
55	55	(b) A person, firm, corporation, or organization operating
56	56	or managing a public eating place or vehicle or other place where
57	57	food is manufactured, processed, prepared, dispensed, or handled in
58	58	a manner or under circumstances that would permit the probable
59	59	transmission of disease from a handler to a consumer:
60	60	(1) may not employ a person described in Subsection
61	61	(a) to handle the food, utensils, dishes, or serving implements;
62	62	and
63	63	(2) shall post a sign in a place conspicuous to
64	64	employees, in a form adopted by the executive commissioner of the
65	65	Health and Human Services Commission, describing a food service
66	66	employee's responsibilities to report certain health conditions to
67	67	the permit holder under rules adopted by the executive
68	68	commissioner.
69	69	SECTION 4. Section 438.034, Health and Safety Code, is
70	70	amended to read as follows:
71	71	Sec. 438.034. EMPLOYEE CLEANLINESS. A person handling food
72	72	or unsealed food containers shall:
73	73	(1) maintain personal cleanliness;
74	74	(2) wear clean outer garments;
75	75	(3) keep the person's hands clean; [and]
76	76	(4) [either:
77	77	[(A)] wash the person's hands and exposed
78	78	portions of the person's arms with soap and water:
79	79	(A) before starting work;
80	80	(B) [,] during work as often as necessary to
81	81	avoid cross-contaminating food; and
82	82	(C) to maintain cleanliness, after smoking,
83	83	eating, and each visit to the toilet; and [or]
84	84	(5) [(B)] avoid bare-hand contact with exposed food by
85	85	the use of gloves or utensils [and wash hands after smoking, eating,
86	86	and each visit to the toilet].
87	87	SECTION 5. (a) Section 431.227(a), Health and Safety Code,
88	88	as added by this Act, applies only to a test of a food or food
89	89	ingredient performed on or after December 1, 2009.
90	90	(b) Not later than December 1, 2009, the executive
91	91	commissioner of the Health and Human Services Commission shall
92	92	adopt the form of the sign required under Section 438.032, Health
93	93	and Safety Code, as amended by this Act.
94	94	(c) A person, firm, corporation, or other organization is
95	95	not required to post the sign required by Section 438.032, Health
96	96	and Safety Code, as amended by this Act, before January 1, 2010.
97	97	SECTION 6. This Act takes effect September 1, 2009.