82R3646 JSC-D
By: Kolkhorst H.B. No. 1290
A BILL TO BE ENTITLED
AN ACT
relating to food safety.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 431.2211(a), 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 2. Subchapter J, Chapter 431, Health and Safety
Code, is amended by adding Section 431.227 to read as follows:
Sec. 431.227. FOOD SAFETY BEST PRACTICE EDUCATION PROGRAM.
(a) The department shall approve food safety best practice
education programs for places of business licensed under this
chapter.
(b) A place of business that completes a food safety best
practice education program approved by the department shall receive
a certificate valid for five years from the date of completion of
the program.
(c) When determining which places of business to inspect
under Section 431.042, the appropriate inspecting authority shall
consider whether the place of business holds a valid certificate
from a food safety best practice education program under this
section.
(d) The executive commissioner of the Health and Human
Services Commission shall adopt rules to implement this section.
SECTION 3. Section 431.241(c), Health and Safety Code, is
amended to read as follows:
(c) The enumeration of specific federal laws and
regulations in Section [Sections 431.244 and] 431.245 does not
limit the general authority granted to the board in Subsection (b)
to conform its rules to those adopted under the federal Act.
SECTION 4. Section 431.244, Health and Safety Code, is
amended to read as follows:
Sec. 431.244. RELATIONSHIP BETWEEN FEDERAL REGULATIONS AND
[ADOPTED AS] STATE RULES. (a) [A regulation adopted by the
secretary under the federal Act concerning pesticide chemicals,
food additives, color additives, special dietary use, processed low
acid food, acidified food, infant formula, bottled water, or vended
bottled water is a rule for the purposes of this chapter, unless the
board modifies or rejects the rule.
[(b) A regulation adopted under the Fair Packaging and
Labeling Act (15 U.S.C. 1451 et seq.) is a rule for the purposes of
this chapter, unless the board modifies or rejects the rule.] The
board may not adopt a rule that conflicts with:
(1) the labeling requirements for the net quantity of
contents required under Section 4 of the Fair Packaging and
Labeling Act (15 U.S.C. 1453) and the regulations adopted under
that Act; or
(2)[.
[(c) A regulation adopted by the secretary under Sections
403(b) through (i) of the federal Act is a rule for the purposes of
this chapter unless the board modifies or rejects the rule. The
board may not adopt a rule that conflicts with] the limitations
provided by Sections 403(q) and (r) of the federal Act.
(b)[(d) A federal regulation that this section provides as a
rule for the purposes of this chapter is effective:
[(1) on the date that the regulation becomes effective
as a federal regulation; and
[(2) whether or not the department has fulfilled the
rulemaking provisions of Chapter 2001, Government Code.
[(e)] If the board adopts a rule responding to [modifies or
rejects] a federal regulation, the board shall comply with the
rulemaking provisions of Chapter 2001, Government Code. The board
shall also consult with the chairs of the appropriate standing
committees of the legislature before promulgating a rule proposed
in response to a federal regulation.
SECTION 5. (a) The Department of State Health Services
shall study food safety issues along the Texas border, including
the effect of any border violence on food safety inspections and
food importation.
(b) The Department of State Health Services shall submit a
report detailing the results of the study required under Subsection
(a) of this section to the legislature not later than December 1,
2012.
SECTION 6. (a) Except as provided by Subsection (b) of this
section, this Act takes effect September 1, 2011.
(b) Section 431.2211(a), Health and Safety Code, as amended
by of this Act, takes effect September 1, 2012.