H.B. No. 1276
AN ACT
relating to the sale of certain food by 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 437.026 to read as follows:
Sec. 437.026. SALE OF CERTAIN FOOD BY FOOD SERVICE
ESTABLISHMENT. (a) Except as provided by Subsection (b), a food
service establishment that holds a permit under this chapter may
sell directly to an individual consumer food, other than prepared
food, that:
(1) is labeled, which may include a handwritten label,
with any information required by the department's food service
establishment rules;
(2) for a meat product or poultry product, is obtained
from a source that is appropriately inspected and bears an official
mark of inspection from the department or the United States
Department of Agriculture; and
(3) for food requiring refrigeration other than whole,
uncut produce, is:
(A) maintained at or below 41 degrees Fahrenheit
until the establishment sells or donates the food; and
(B) protected from contamination.
(b) A food service establishment described by Subsection
(a) may not sell directly to an individual consumer food that is:
(1) in a package exhibiting damage; or
(2) distressed because the food:
(A) has been subjected to fire, flooding,
excessive heat, smoke, radiation, or another environmental
contamination;
(B) is not held at the correct temperature for
the food type; or
(C) is not in good condition.
(c) A municipality or public health district may not require
a food service establishment that sells food directly to an
individual consumer under this section to obtain a food
manufacturer license or permit if the establishment:
(1) complies with this section; and
(2) is not required to hold a food manufacturer
license or permit under other state law.
SECTION 2. 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 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:
(A) 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; or
(B) sells food directly to an individual consumer
if:
(i) the restaurant holds a permit as a food
service establishment under Chapter 437;
(ii) the restaurant complies with Section
437.026; and
(iii) the restaurant is not otherwise
required to hold a license under this subchapter.
SECTION 3. As soon as practicable after the effective date
of this Act, the executive commissioner of the Health and Human
Services Commission shall adopt rules to implement the changes in
law made by this Act.
SECTION 4. The changes in law made by this Act apply only to
the sale of food by a food service establishment that occurs on or
after the effective date of this Act. The sale of food by a food
service establishment that occurs before the effective date of this
Act is governed by the law in effect on the date the sale occurred,
and the former law is continued in effect for that purpose.
SECTION 5. Section 431.2211(a), Health and Safety Code, as
amended by this Act, applies only to a license issued or renewed on
or after the effective date of this Act.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1276 was passed by the House on April
22, 2021, by the following vote: Yeas 145, Nays 2, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1276 was passed by the Senate on May
19, 2021, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor