Texas 2009 - 81st Regular

Texas Senate Bill SB204 Compare Versions

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1	1	By: Shapleigh S.B. No. 204
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to a prohibition of foods containing trans fat.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Chapter 437, Health and Safety Code, is amended
9	9	by adding Section 437.022 to read as follows:
10	10	Sec. 437.022. FOODS CONTAINING TRANS FAT. (a) In this
11	11	section:
12	12	(1) "Food" and "label" have the meanings assigned by
13	13	Section 431.002.
14	14	(2) "Food service establishment" means a business that
15	15	sells or otherwise serves individual portions of food, intended for
16	16	human consumption, directly to the consumer.
17	17	(3) "Trans fat" means a food or food additive
18	18	artificially created by partial hydrogenation.
19	19	(b) This section does not apply to:
20	20	(1) a nonprofit organization;
21	21	(2) a volunteer fire department that serves food to
22	22	the public only four days or less in any week, except that once each
23	23	year the fire department may serve food to the public for not more
24	24	than 30 consecutive days;
25	25	(3) a kitchen in a private home where food is prepared
26	26	at no charge for guests in the home or at a social gathering;
27	27	(4) a shelter where food is prepared at no charge for
28	28	unemployed, homeless, or other disadvantaged populations;
29	29	(5) a caterer that prepares food for consumption by
30	30	persons in a private home or at a private social gathering;
31	31	(6) a food preparation area or serving area where only
32	32	food that is not potentially hazardous food, as determined under
33	33	the 2005 Model Food Code of the United States Food and Drug
34	34	Administration and the guidelines interpreting that model code, or
35	35	a subsequent model food code and related guidelines adopted by
36	36	department rule, is prepared or served by an organization described
37	37	by Subdivision (1) or (2);
38	38	(7) a business that attributes at least 50 percent of
39	39	the business's gross receipts to the retail sale of gasoline and
40	40	diesel fuel to consumers; or
41	41	(8) a grocery store, except for a separately owned
42	42	restaurant located inside a grocery store to which this section
43	43	otherwise applies.
44	44	(c) A food service establishment shall maintain on the food
45	45	service establishment's premises an original label for any food or
46	46	food additive that is required by federal law to have a label
47	47	affixed to it when purchased and that contains a fat for as long as
48	48	the food or food additive is used, stored, or served by the food
49	49	service establishment.
50	50	(d) On request, a food service establishment shall make a
51	51	label required under Subsection (c) available to a person
52	52	conducting an inspection under Section 437.009.
53	53	(e) A food service establishment may not package, store, or
54	54	use a trans fat to prepare or serve food, except for:
55	55	(1) a trans fat used to produce bakery items, yeast
56	56	dough, or cake batter; or
57	57	(2) a packaged food to be served in its original
58	58	package with a label indicating that the food has a trans fat
59	59	content of less than 0.5 grams per serving.
60	60	(e-1) Subsection (e) does not apply to a food service
61	61	establishment that is not part of a chain operating with the same
62	62	name or as a franchised outlet of the same parent company at 15 or
63	63	more locations in this state. This subsection expires August 31,
64	64	2011.
65	65	(f) A food service establishment may not prepare, package,
66	66	store, or serve a food containing trans fat except for a packaged
67	67	food served in an original package with a label indicating that the
68	68	food has a trans fat content of less than 0.5 grams per serving.
69	69	(g) Subsections (e) and (f) do not apply to a food service
70	70	establishment that contracts with a food manufacturer or
71	71	distributor for the provision of a food that is prepared wholly or
72	72	partly by the manufacturer or distributor and served by the food
73	73	service establishment without the food's original packaging. For
74	74	an individual food service establishment, the exemption under this
75	75	subsection expires on the later of:
76	76	(1) the date the contract between the food service
77	77	establishment and the food manufacturer or distributor expires,
78	78	excluding an extension provided for on or after September 1, 2009,
79	79	if the contract was executed before September 1, 2009; or
80	80	(2) August 31, 2011.
81	81	SECTION 2. This Act takes effect September 1, 2009, except
82	82	that Subsection (e), Section 437.022, Health and Safety Code, as
83	83	added by this Act, takes effect September 1, 2010, and Subsection
84	84	(f), Section 437.022, Health and Safety Code, as added by this Act,
85	85	takes effect September 1, 2011.