87R4474 KKR-D
By: Springer S.B. No. 843
A BILL TO BE ENTITLED
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 in its original condition or original packaging
as received by the establishment;
(2) is labeled, which may include a handwritten label,
with the name and source of the food and the date the food is sold;
(3) for meat or poultry, bears an official mark of
inspection from the department or the United States Department of
Agriculture;
(4) for a meat product or poultry product, is obtained
from a source that is appropriately inspected and bears an official
mark of inspection described by Subdivision (3);
(5) for a time and temperature control for safety food
as defined by Section 437.0196, does not exceed the shelf life
displayed on the food's packaging; and
(6) for food requiring refrigeration other than
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 that is not
labeled with the manufacturer's original labeling; 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 stored for a prolonged period.
SECTION 2. 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 Section 437.026,
Health and Safety Code, as added by this Act.
SECTION 3. Section 437.026, Health and Safety Code, as
added by this Act, applies 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 4. This Act takes effect September 1, 2021.