| 1 | 1 | | 87R4474 KKR-D |
|---|
| 2 | 2 | | By: Springer S.B. No. 843 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the sale of certain food by food service |
|---|
| 8 | 8 | | establishments. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Chapter 437, Health and Safety Code, is amended |
|---|
| 11 | 11 | | by adding Section 437.026 to read as follows: |
|---|
| 12 | 12 | | Sec. 437.026. SALE OF CERTAIN FOOD BY FOOD SERVICE |
|---|
| 13 | 13 | | ESTABLISHMENT. (a) Except as provided by Subsection (b), a food |
|---|
| 14 | 14 | | service establishment that holds a permit under this chapter may |
|---|
| 15 | 15 | | sell directly to an individual consumer food, other than prepared |
|---|
| 16 | 16 | | food, that: |
|---|
| 17 | 17 | | (1) is in its original condition or original packaging |
|---|
| 18 | 18 | | as received by the establishment; |
|---|
| 19 | 19 | | (2) is labeled, which may include a handwritten label, |
|---|
| 20 | 20 | | with the name and source of the food and the date the food is sold; |
|---|
| 21 | 21 | | (3) for meat or poultry, bears an official mark of |
|---|
| 22 | 22 | | inspection from the department or the United States Department of |
|---|
| 23 | 23 | | Agriculture; |
|---|
| 24 | 24 | | (4) for a meat product or poultry product, is obtained |
|---|
| 25 | 25 | | from a source that is appropriately inspected and bears an official |
|---|
| 26 | 26 | | mark of inspection described by Subdivision (3); |
|---|
| 27 | 27 | | (5) for a time and temperature control for safety food |
|---|
| 28 | 28 | | as defined by Section 437.0196, does not exceed the shelf life |
|---|
| 29 | 29 | | displayed on the food's packaging; and |
|---|
| 30 | 30 | | (6) for food requiring refrigeration other than |
|---|
| 31 | 31 | | produce, is: |
|---|
| 32 | 32 | | (A) maintained at or below 41 degrees Fahrenheit |
|---|
| 33 | 33 | | until the establishment sells or donates the food; and |
|---|
| 34 | 34 | | (B) protected from contamination. |
|---|
| 35 | 35 | | (b) A food service establishment described by Subsection |
|---|
| 36 | 36 | | (a) may not sell directly to an individual consumer food that is: |
|---|
| 37 | 37 | | (1) in a package exhibiting damage or that is not |
|---|
| 38 | 38 | | labeled with the manufacturer's original labeling; or |
|---|
| 39 | 39 | | (2) distressed because the food: |
|---|
| 40 | 40 | | (A) has been subjected to fire, flooding, |
|---|
| 41 | 41 | | excessive heat, smoke, radiation, or another environmental |
|---|
| 42 | 42 | | contamination; |
|---|
| 43 | 43 | | (B) is not held at the correct temperature for |
|---|
| 44 | 44 | | the food type; or |
|---|
| 45 | 45 | | (C) is stored for a prolonged period. |
|---|
| 46 | 46 | | SECTION 2. As soon as practicable after the effective date |
|---|
| 47 | 47 | | of this Act, the executive commissioner of the Health and Human |
|---|
| 48 | 48 | | Services Commission shall adopt rules to implement Section 437.026, |
|---|
| 49 | 49 | | Health and Safety Code, as added by this Act. |
|---|
| 50 | 50 | | SECTION 3. Section 437.026, Health and Safety Code, as |
|---|
| 51 | 51 | | added by this Act, applies only to the sale of food by a food service |
|---|
| 52 | 52 | | establishment that occurs on or after the effective date of this |
|---|
| 53 | 53 | | Act. The sale of food by a food service establishment that occurs |
|---|
| 54 | 54 | | before the effective date of this Act is governed by the law in |
|---|
| 55 | 55 | | effect on the date the sale occurred, and the former law is |
|---|
| 56 | 56 | | continued in effect for that purpose. |
|---|
| 57 | 57 | | SECTION 4. This Act takes effect September 1, 2021. |
|---|