82R29507 E
By: Nelson S.B. No. 81
(Kolkhorst)
Substitute the following for S.B. No. 81: No.
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. Section 431.226(b), Health and Safety Code, is
amended to read as follows:
(b) The board by rule shall establish minimum standards for
granting and maintaining a license. In adopting rules under this
section, the board shall:
(1) ensure that the minimum standards prioritize safe
handling of fruits and vegetables based on known safety risks,
including any history of outbreaks of food-borne communicable
diseases; and
(2) consider acceptable produce safety standards
developed by a federal agency, state agency, or university.
SECTION 3. 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 4. Section 431.244, Health and Safety Code, is
amended by adding Subsection (f) to read as follows:
(f) For any federal regulation adopted as a state rule under
this chapter, including a regulation considered to be a rule for
purposes of this chapter under Subsection (a), (b), or (c), the
Department of State Health Services shall provide on its Internet
website:
(1) a link to the text of the federal regulation;
(2) a clear explanation of the substance of and
purpose for the regulation; and
(3) information on providing comments in response to
any proposed or pending federal regulation, including an address to
which and the manner in which comments may be submitted.
SECTION 5. (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 this Act, takes effect September 1, 2012.