84R18054 LED-F
By: Lucio S.B. No. 2058
A BILL TO BE ENTITLED
AN ACT
relating to food allergen awareness in food service establishments;
authorizing a fee; requiring a food allergen awareness
certification for certain food service employees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 437.001, Health and Safety Code, is
amended by adding Subdivisions (5-a), (5-b), and (5-c) to read as
follows:
(5-a) "Major food allergen":
(A) includes:
(i) milk;
(ii) eggs;
(iii) fish, including bass, flounder, and
cod;
(iv) crustaceans, including crab, lobster,
and shrimp;
(v) tree nuts, including almonds, pecans,
and walnuts;
(vi) wheat;
(vii) peanuts;
(viii) soybeans; and
(ix) a food ingredient that contains
protein derived from any of those foods; and
(B) does not include any food ingredient that is
exempt from the food allergen labeling requirements of Section
403(w), Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section
343).
(5-b) "Menu" means a printed or pictorial display of
food items and prices of those items that are available for sale
from a food service establishment. The term includes a display of
food items that is distributed outside the food service
establishment, a promotional display of food items from which a
customer may place an order, and a display of food items on the food
service establishment's Internet website.
(5-c) "Menu board" means a list or pictorial display of
food items and the prices of those food items posted within or
outside a food service establishment.
SECTION 2. Chapter 437, Health and Safety Code, is amended
by adding Sections 437.024, 437.025, and 437.026 to read as
follows:
Sec. 437.024. FOOD ALLERGEN NOTICE ON MENUS AND MENU
BOARDS. (a) A food service establishment shall include on each menu
and menu board a clear and conspicuous notice requesting that a
customer notify the server of the customer's allergy to a major food
allergen before placing an order. The notice shall state: "Before
placing your order, please inform your server if a person in your
party has a food allergy."
(b) Except as provided by Subsection (c), a food service
establishment shall ensure that notice described by Subsection (a)
posted on a menu board is easily readable from the point of service
at which a customer orders food. The font size of the notice must be
the same size as or larger than the smallest font size of a menu item
listed on the menu board.
(c) A food service establishment may, instead of posting the
notice described by Subsection (a) on the menu board, post the
notice adjacent to the menu board. The notice posted under this
subsection must be:
(1) securely posted and easily readable from a
distance of five feet by a customer standing at or approaching the
point of service;
(2) directly facing the customer; and
(3) unobstructed from a customer's view.
Sec. 437.025. FOOD ALLERGY AWARE DESIGNATION. (a) The
department shall develop a program to designate certain food
service establishments as food allergy aware. The department shall
maintain a list of food service establishments that receive the
designation on the department's Internet website.
(b) Participation by a food service establishment in the
food allergy aware program is voluntary.
(c) The executive commissioner shall adopt guidelines and
requirements for a food service establishment to receive the food
allergy aware designation. The requirements must include
maintaining on the premises and making available to the public a
master list of all ingredients used in the preparation of each food
item available for consumption.
Sec. 437.026. REQUIRED FOOD ALLERGEN AWARENESS TRAINING AND
CERTIFICATION. (a) In this section:
(1) "Food allergen awareness training and
certification program" means a program approved by the department
under this section.
(2) "Food handler" means a food service employee who
works with unpackaged food, food equipment or utensils, or
food-contact surfaces.
(3) "Food server" includes any food service employee
who takes food orders from customers or delivers food to customers.
(b) Each food handler, food server, and manager employed at
a food service establishment shall successfully complete a food
allergen awareness training and certification program approved by
the department as required by this sections not later than the 30th
day after the date on which the person is hired by the food service
establishment.
(c) Each food handler, food server, and manager who
completes the food allergen awareness training and certification
program must renew the certification every three years while that
person is employed at the food service establishment.
(d) Each manager shall post for display the manager's
certification required by Subsection (b).
(e) A manager shall ensure that at least one person with the
certification required by Subsection (b) is present at the food
service establishment during all hours the establishment provides
food service to customers.
(f) The executive commissioner by rule shall establish
criteria and guidelines for food allergen awareness training and
certification programs. The department may approve food allergen
awareness training and certification programs that meet the
established criteria and guidelines. A food allergen awareness
training and certification program approved by the department must
include training on:
(1) the serious nature of food allergy;
(2) the importance of reading ingredient labels and of
strict allergen avoidance;
(3) the avoidance of cross-contact during food
preparation; and
(4) the means of activating emergency assistance in
the event of an allergic reaction.
(g) The executive commissioner by rule shall establish a fee
for the department to charge in the amount necessary to cover the
costs of administering this section to each person that applies for
the department's approval of a food allergen awareness training and
certification program.
(h) The department at least every five years shall review
each food allergen awareness training and certification program
approved by the department to ensure the program continues to meet
the criteria and guidelines established by rule under this section.
SECTION 3. Not later than December 1, 2015, the executive
commissioner of the Health and Human Services Commission shall, in
consultation with Food Allergy Research & Education and the Texas
Restaurant Association, adopt rules establishing:
(1) the guidelines and requirements for a food allergy
aware designation as required by Section 437.025, Health and Safety
Code, as added by this Act; and
(2) criteria and guidelines for food allergen
awareness training and certification programs as required by
Section 437.026, Health and Safety Code, as added by this Act.
SECTION 4. (a) Notwithstanding Section 437.024, Health and
Safety Code, as added by this Act, a food service establishment is
not required to comply with that section until September 1, 2016.
(b) Notwithstanding Section 437.026, Health and Safety
Code, as added by this Act, a food handler, food server, or manager
employed at a food service establishment on or before February 1,
2016, must comply with that section on or before March 1, 2016.
SECTION 5. Not earlier than September 1, 2016, and not later
than September 1, 2017, the executive commissioner of the Health
and Human Services Commission shall, in consultation with Food
Allergy Research & Education and the Texas Restaurant Association,
submit a report to the legislature analyzing the impact of this Act
on food service establishments and consumers. The report must
include the rate at which food service establishments comply with
the requirements of this Act and recommendations to improve food
allergen awareness by food service establishments and their
employees that are consistent with the public health and welfare.
SECTION 6. This Act takes effect September 1, 2015.