Texas 2015 - 84th Regular

Texas Senate Bill SB2058 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R18054 LED-F
2	2	By: Lucio S.B. No. 2058
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to food allergen awareness in food service establishments;
8	8	authorizing a fee; requiring a food allergen awareness
9	9	certification for certain food service employees.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 437.001, Health and Safety Code, is
12	12	amended by adding Subdivisions (5-a), (5-b), and (5-c) to read as
13	13	follows:
14	14	(5-a) "Major food allergen":
15	15	(A) includes:
16	16	(i) milk;
17	17	(ii) eggs;
18	18	(iii) fish, including bass, flounder, and
19	19	cod;
20	20	(iv) crustaceans, including crab, lobster,
21	21	and shrimp;
22	22	(v) tree nuts, including almonds, pecans,
23	23	and walnuts;
24	24	(vi) wheat;
25	25	(vii) peanuts;
26	26	(viii) soybeans; and
27	27	(ix) a food ingredient that contains
28	28	protein derived from any of those foods; and
29	29	(B) does not include any food ingredient that is
30	30	exempt from the food allergen labeling requirements of Section
31	31	403(w), Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section
32	32	343).
33	33	(5-b) "Menu" means a printed or pictorial display of
34	34	food items and prices of those items that are available for sale
35	35	from a food service establishment. The term includes a display of
36	36	food items that is distributed outside the food service
37	37	establishment, a promotional display of food items from which a
38	38	customer may place an order, and a display of food items on the food
39	39	service establishment's Internet website.
40	40	(5-c) "Menu board" means a list or pictorial display of
41	41	food items and the prices of those food items posted within or
42	42	outside a food service establishment.
43	43	SECTION 2. Chapter 437, Health and Safety Code, is amended
44	44	by adding Sections 437.024, 437.025, and 437.026 to read as
45	45	follows:
46	46	Sec. 437.024. FOOD ALLERGEN NOTICE ON MENUS AND MENU
47	47	BOARDS. (a) A food service establishment shall include on each menu
48	48	and menu board a clear and conspicuous notice requesting that a
49	49	customer notify the server of the customer's allergy to a major food
50	50	allergen before placing an order. The notice shall state: "Before
51	51	placing your order, please inform your server if a person in your
52	52	party has a food allergy."
53	53	(b) Except as provided by Subsection (c), a food service
54	54	establishment shall ensure that notice described by Subsection (a)
55	55	posted on a menu board is easily readable from the point of service
56	56	at which a customer orders food. The font size of the notice must be
57	57	the same size as or larger than the smallest font size of a menu item
58	58	listed on the menu board.
59	59	(c) A food service establishment may, instead of posting the
60	60	notice described by Subsection (a) on the menu board, post the
61	61	notice adjacent to the menu board. The notice posted under this
62	62	subsection must be:
63	63	(1) securely posted and easily readable from a
64	64	distance of five feet by a customer standing at or approaching the
65	65	point of service;
66	66	(2) directly facing the customer; and
67	67	(3) unobstructed from a customer's view.
68	68	Sec. 437.025. FOOD ALLERGY AWARE DESIGNATION. (a) The
69	69	department shall develop a program to designate certain food
70	70	service establishments as food allergy aware. The department shall
71	71	maintain a list of food service establishments that receive the
72	72	designation on the department's Internet website.
73	73	(b) Participation by a food service establishment in the
74	74	food allergy aware program is voluntary.
75	75	(c) The executive commissioner shall adopt guidelines and
76	76	requirements for a food service establishment to receive the food
77	77	allergy aware designation. The requirements must include
78	78	maintaining on the premises and making available to the public a
79	79	master list of all ingredients used in the preparation of each food
80	80	item available for consumption.
81	81	Sec. 437.026. REQUIRED FOOD ALLERGEN AWARENESS TRAINING AND
82	82	CERTIFICATION. (a) In this section:
83	83	(1) "Food allergen awareness training and
84	84	certification program" means a program approved by the department
85	85	under this section.
86	86	(2) "Food handler" means a food service employee who
87	87	works with unpackaged food, food equipment or utensils, or
88	88	food-contact surfaces.
89	89	(3) "Food server" includes any food service employee
90	90	who takes food orders from customers or delivers food to customers.
91	91	(b) Each food handler, food server, and manager employed at
92	92	a food service establishment shall successfully complete a food
93	93	allergen awareness training and certification program approved by
94	94	the department as required by this sections not later than the 30th
95	95	day after the date on which the person is hired by the food service
96	96	establishment.
97	97	(c) Each food handler, food server, and manager who
98	98	completes the food allergen awareness training and certification
99	99	program must renew the certification every three years while that
100	100	person is employed at the food service establishment.
101	101	(d) Each manager shall post for display the manager's
102	102	certification required by Subsection (b).
103	103	(e) A manager shall ensure that at least one person with the
104	104	certification required by Subsection (b) is present at the food
105	105	service establishment during all hours the establishment provides
106	106	food service to customers.
107	107	(f) The executive commissioner by rule shall establish
108	108	criteria and guidelines for food allergen awareness training and
109	109	certification programs. The department may approve food allergen
110	110	awareness training and certification programs that meet the
111	111	established criteria and guidelines. A food allergen awareness
112	112	training and certification program approved by the department must
113	113	include training on:
114	114	(1) the serious nature of food allergy;
115	115	(2) the importance of reading ingredient labels and of
116	116	strict allergen avoidance;
117	117	(3) the avoidance of cross-contact during food
118	118	preparation; and
119	119	(4) the means of activating emergency assistance in
120	120	the event of an allergic reaction.
121	121	(g) The executive commissioner by rule shall establish a fee
122	122	for the department to charge in the amount necessary to cover the
123	123	costs of administering this section to each person that applies for
124	124	the department's approval of a food allergen awareness training and
125	125	certification program.
126	126	(h) The department at least every five years shall review
127	127	each food allergen awareness training and certification program
128	128	approved by the department to ensure the program continues to meet
129	129	the criteria and guidelines established by rule under this section.
130	130	SECTION 3. Not later than December 1, 2015, the executive
131	131	commissioner of the Health and Human Services Commission shall, in
132	132	consultation with Food Allergy Research & Education and the Texas
133	133	Restaurant Association, adopt rules establishing:
134	134	(1) the guidelines and requirements for a food allergy
135	135	aware designation as required by Section 437.025, Health and Safety
136	136	Code, as added by this Act; and
137	137	(2) criteria and guidelines for food allergen
138	138	awareness training and certification programs as required by
139	139	Section 437.026, Health and Safety Code, as added by this Act.
140	140	SECTION 4. (a) Notwithstanding Section 437.024, Health and
141	141	Safety Code, as added by this Act, a food service establishment is
142	142	not required to comply with that section until September 1, 2016.
143	143	(b) Notwithstanding Section 437.026, Health and Safety
144	144	Code, as added by this Act, a food handler, food server, or manager
145	145	employed at a food service establishment on or before February 1,
146	146	2016, must comply with that section on or before March 1, 2016.
147	147	SECTION 5. Not earlier than September 1, 2016, and not later
148	148	than September 1, 2017, the executive commissioner of the Health
149	149	and Human Services Commission shall, in consultation with Food
150	150	Allergy Research & Education and the Texas Restaurant Association,
151	151	submit a report to the legislature analyzing the impact of this Act
152	152	on food service establishments and consumers. The report must
153	153	include the rate at which food service establishments comply with
154	154	the requirements of this Act and recommendations to improve food
155	155	allergen awareness by food service establishments and their
156	156	employees that are consistent with the public health and welfare.
157	157	SECTION 6. This Act takes effect September 1, 2015.