| 1 | 1 | | By: Cortez H.B. No. 3743 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to food allergen awareness in food service establishments. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Chapter 437, Health and Safety Code, is amended |
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| 9 | 9 | | by adding Section 437.024 to read as follows: |
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| 10 | 10 | | Sec. 437.024. FOOD ALLERGEN AWARENESS. (a) A food service |
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| 11 | 11 | | establishment shall display a poster relating to food allergen |
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| 12 | 12 | | awareness in an area of the establishment accessible primarily to |
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| 13 | 13 | | employees of the establishment. The department shall determine the |
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| 14 | 14 | | form and content of the poster and post a sample poster on the |
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| 15 | 15 | | department's Internet website. |
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| 16 | 16 | | (b) A food service establishment may display the |
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| 17 | 17 | | information from the sample poster in lieu of the poster provided |
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| 18 | 18 | | the information is presented and posted in a manner that is easily |
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| 19 | 19 | | readable by the establishment's employees in the selected employee |
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| 20 | 20 | | area. |
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| 21 | 21 | | (c) The poster or posted information must include |
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| 22 | 22 | | information regarding: |
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| 23 | 23 | | (1) the risk of an allergic reaction; |
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| 24 | 24 | | (2) the eight major food allergens, including milk, |
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| 25 | 25 | | wheat, eggs, soy, shellfish, peanuts, tree nuts, and fish; and |
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| 26 | 26 | | (3) methods for preventing cross-contamination in |
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| 27 | 27 | | food preparation. |
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| 28 | 28 | | (d) The executive commissioner shall adopt rules necessary |
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| 29 | 29 | | to implement this section. |
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| 30 | 30 | | (e) This section does not create a private cause of action |
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| 31 | 31 | | or change any common law or statutory duty. |
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| 32 | 32 | | SECTION 2. Not later than December 1, 2017: |
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| 33 | 33 | | (1) the Department of State Health Services shall |
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| 34 | 34 | | determine the form and content of the poster and post the sample |
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| 35 | 35 | | poster on the department |
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| 36 | 36 | | 's Internet website as required by Section |
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| 37 | 37 | | 437.024, Health and Safety Code, as added by this Act; and |
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| 38 | 38 | | (2) the executive commissioner of the Health and Human |
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| 39 | 39 | | Services Commission shall adopt any rules necessary to implement |
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| 40 | 40 | | Section 437.024, Health and Safety Code, as added by this Act. |
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| 41 | 41 | | SECTION 3. Notwithstanding Section 437.024, Health and |
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| 42 | 42 | | Safety Code, as added by this Act, a food service establishment is |
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| 43 | 43 | | not required to comply with that section before January 1, 2018. |
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| 44 | 44 | | SECTION 4. This Act takes effect September 1, 2017. |
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