By: Lucio S.B. No. 1683
(In the Senate - Filed March 9, 2017; March 22, 2017, read
first time and referred to Committee on Health & Human Services;
May 4, 2017, reported favorably by the following vote: Yeas 5,
Nays 4; May 4, 2017, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to food allergen awareness in food service establishments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 437, Health and Safety Code, is amended
by adding Section 437.024 to read as follows:
Sec. 437.024. FOOD ALLERGEN AWARENESS. (a) A food service
establishment shall display a poster relating to food allergen
awareness in an area of the establishment accessible primarily to
employees of the establishment. The department shall determine the
form and content of the poster and post a sample poster on the
department's Internet website.
(b) A food service establishment may display the
information from the sample poster in lieu of the poster, provided
that the information is presented and posted in a manner that is
easily readable by the establishment's employees in the selected
employee area.
(c) The poster or posted information must include
information regarding:
(1) the risk of an allergic reaction;
(2) the eight major food allergens, including milk,
wheat, eggs, soy, shellfish, peanuts, tree nuts, and fish; and
(3) methods for preventing cross-contamination in
food preparation.
(d) The executive commissioner shall adopt rules necessary
to implement this section.
(e) This section does not create a private cause of action
or change any common law or statutory duty.
SECTION 2. Not later than December 1, 2017:
(1) the Department of State Health Services shall
determine the form and content of the poster and post the sample
poster on the department's Internet website as required by Section
437.024, Health and Safety Code, as added by this Act; and
(2) the executive commissioner of the Health and Human
Services Commission shall adopt any rules necessary to implement
Section 437.024, Health and Safety Code, as added by this Act.
SECTION 3. 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 before January 1, 2018.
SECTION 4. This Act takes effect September 1, 2017.
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