81R8728 JSC-F
By: Ellis S.B. No. 1883
A BILL TO BE ENTITLED
AN ACT
relating to food safety.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter J, Chapter 431, Health and Safety
Code, is amended by adding Section 431.227 to read as follows:
Sec. 431.227. DUTIES OF FOOD MANUFACTURERS. (a) A food
manufacturer that tests for contamination food manufactured by the
manufacturer or any food additive, raw agricultural commodity, or
other ingredient used in the food shall immediately report to the
department if the food manufacturer finds that the food or
ingredient contains a substance, microorganism, pathogen, or other
contaminant that is injurious to health or that is present in a
quantity that is injurious to health.
(b) The department by rule shall develop protocols to assess
the threat of contamination and protect the public health.
SECTION 2. Chapter 437, Health and Safety Code, is amended
by adding Section 437.0057 to read as follows:
Sec. 437.0057. REGULATION OF FOOD HANDLERS BY COUNTIES,
PUBLIC HEALTH DISTRICTS, AND THE DEPARTMENT. (a) A county, a
public health district, or the department may require certification
under Subchapter D, Chapter 438, obtained not later than the 30th
day after the date a food handler is employed for each food handler
who is employed by a food service establishment in which food is
prepared on-site for sale to the public and which holds a permit
issued by the county, the public health district, or the
department. This section applies without regard to whether the
food service establishment is at a fixed location or is a mobile
food unit.
(b) The requirements of certification under this section
may not be more stringent than the requirements of Subchapter D,
Chapter 438.
(c) A county, a public health district, or the department
may not require an establishment that handles only prepackaged food
and does not prepare or package food to employ certified food
handlers under this section.
(d) A county, a public health district, or the department
may exempt a food service establishment from the requirement that
the county, public health district, or department has imposed under
Subsection (a) if the county, the public health district, or the
department determines that the application of Subsection (a) to
that establishment is not necessary to protect public health and
safety.
(e) A person employed as a food handler on the date a
certification requirement imposed by a county, a public health
district, or the department under this section becomes effective is
not required to obtain certification until the 60th day after the
date the requirement becomes effective.
SECTION 3. Section 438.032(b), Health and Safety Code, is
amended to read as follows:
(b) A person, firm, corporation, or organization operating
or managing a public eating place or vehicle or other place where
food is manufactured, processed, prepared, dispensed, or handled in
a manner or under circumstances that would permit the probable
transmission of disease from a handler to a consumer:
(1) may not employ a person described in Subsection
(a) to handle the food, utensils, dishes, or serving implements;
and
(2) shall post a sign in a place conspicuous to
employees, in a form adopted by the executive commissioner of the
Health and Human Services Commission, describing a food service
employee's responsibilities to report certain health conditions to
the permit holder under rules adopted by the executive
commissioner.
SECTION 4. Section 438.034, Health and Safety Code, is
amended to read as follows:
Sec. 438.034. EMPLOYEE CLEANLINESS. A person handling food
or unsealed food containers shall:
(1) maintain personal cleanliness;
(2) wear clean outer garments;
(3) keep the person's hands clean; [and]
(4) [either:
[(A)] wash the person's hands and exposed
portions of the person's arms with soap and water:
(A) before starting work;
(B) [,] during work as often as necessary to
avoid cross-contaminating food; and
(C) to maintain cleanliness, after smoking,
eating, and each visit to the toilet; and [or]
(5) [(B)] avoid bare-hand contact with exposed food by
the use of gloves or utensils [and wash hands after smoking, eating,
and each visit to the toilet].
SECTION 5. (a) Section 431.227(a), Health and Safety Code,
as added by this Act, applies only to a test of a food or food
ingredient performed on or after December 1, 2009.
(b) Not later than December 1, 2009, the executive
commissioner of the Health and Human Services Commission shall
adopt the form of the sign required under Section 438.032, Health
and Safety Code, as amended by this Act.
(c) A person, firm, corporation, or other organization is
not required to post the sign required by Section 438.032, Health
and Safety Code, as amended by this Act, before January 1, 2010.
SECTION 6. This Act takes effect September 1, 2009.