87R18030 EAS-D
By: Cortez, Zwiener, et al. H.B. No. 464
Substitute the following for H.B. No. 464:
By: Klick C.S.H.B. No. 464
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. This Act may be cited as the Sergio Lopez Food
Allergy Awareness Act.
SECTION 2. Chapter 437, Health and Safety Code, is amended
by adding Section 437.026 to read as follows:
Sec. 437.026. 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
food service employees of the establishment. The department shall:
(1) determine the form and content of the poster;
(2) post a sample poster on the department's Internet
website; and
(3) update the poster as necessary to ensure that the
poster contains current information about food allergens and
remains consistent with standards promulgated by the United States
Food and Drug Administration.
(b) A food service establishment may display the
information from the sample poster in lieu of the poster, provided
the information is presented and posted in a manner that is easily
readable by the establishment's food service employees in the
selected employee area.
(c) The poster or posted information must:
(1) state that a reaction to a food allergen is
potentially life-threatening; and
(2) include information regarding:
(A) the risk of an allergic reaction to a food
allergen;
(B) the major food allergens, including milk,
wheat, eggs, soy, crustacean shellfish, peanuts, tree nuts, and
fish;
(C) the proper methods and procedures for
checking ingredients in food items, including unexpected or hidden
ingredients;
(D) the importance of clear communication
between customers with food allergies and the establishment's staff
concerning food allergens; and
(E) methods for preventing cross-contact 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 3. Not later than December 1, 2021:
(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
437.026, 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 437.026, Health and Safety Code, as added by this Act.
SECTION 4. Notwithstanding Section 437.026, Health and
Safety Code, as added by this Act, a food service establishment is
not required to comply with that section before January 1, 2022.
SECTION 5. This Act takes effect September 1, 2021.