81R1041 SJM-D
By: Shapleigh S.B. No. 204
A BILL TO BE ENTITLED
AN ACT
relating to a prohibition of foods containing trans fat; providing
a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 438, Health and Safety Code, is amended
by adding Subchapter H to read as follows:
SUBCHAPTER H. FOODS CONTAINING TRANS FAT
Sec. 438.121. DEFINITIONS. In this subchapter:
(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.
Sec. 438.122. MAINTENANCE OF FOOD LABELS FOR INSPECTION.
(a) A food service establishment shall maintain on the food service
establishment's premises an original label for any food or food
additive that contains a fat for as long as the food or food
additive is used, stored, or served by the food service
establishment.
(b) On request, a food service establishment shall make a
label required under Subsection (a) available to a person
conducting an inspection under Section 437.009.
Sec. 438.123. USE OF TRANS FAT PROHIBITED. (a) A food
service establishment may not package, store, or use a trans fat to
prepare or serve food, except for a trans fat used to deep-fry yeast
dough or cake batter.
(b) Subsection (a) does not apply to the storage of 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.
Sec. 438.124. FOODS CONTAINING TRANS FAT PROHIBITED. (a) A
food service establishment may not prepare, package, store, or
serve a food containing trans fat.
(b) Subsection (a) does not apply to:
(1) a yeast dough or cake batter prepared with or
containing a trans fat; or
(2) 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.
Sec. 438.125. CRIMINAL PENALTY. (a) A person commits an
offense if the person violates this subchapter.
(b) An offense under this subchapter is a misdemeanor
punishable by a fine of not less than $25 or more than $200.
SECTION 2. This Act takes effect September 1, 2009, except
that Section 438.123, Health and Safety Code, as added by this Act,
takes effect September 1, 2010, and Section 438.124, Health and
Safety Code, as added by this Act, takes effect September 1, 2011.