Texas 2023 - 88th Regular

Texas House Bill HB1445 Compare Versions

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Version 2 (New)

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1	1	88R4666 EAS-F
2	2	By: Cortez H.B. No. 1445
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to food allergen awareness in food service establishments,
8	8	food manager certifications, and food service programs.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. This Act may be cited as the Sergio Lopez Food
11	11	Allergy Awareness Act.
12	12	SECTION 2. Chapter 437, Health and Safety Code, is amended
13	13	by adding Section 437.027 to read as follows:
14	14	Sec. 437.027. FOOD ALLERGEN AWARENESS POSTER. (a) A food
15	15	service establishment shall display a poster relating to food
16	16	allergen awareness in an area of the establishment regularly
17	17	accessible to the establishment's food service employees. The
18	18	department shall:
19	19	(1) collaborate with individuals with expertise and
20	20	knowledge regarding food allergies to determine the form and
21	21	content of the poster;
22	22	(2) post a sample poster on the department's Internet
23	23	website; and
24	24	(3) update the poster as necessary to ensure the
25	25	poster contains current information about food allergens and
26	26	remains consistent with standards promulgated by the United States
27	27	Food and Drug Administration.
28	28	(b) The poster must include information regarding:
29	29	(1) the risk of an allergic reaction to a food
30	30	allergen;
31	31	(2) symptoms of an allergic reaction;
32	32	(3) the major food allergens, as determined by federal
33	33	law and regulations of the United States Food and Drug
34	34	Administration;
35	35	(4) the procedures for preventing an allergic
36	36	reaction; and
37	37	(5) appropriate responses for assisting an individual
38	38	who is having an allergic reaction.
39	39	(c) The executive commissioner shall adopt rules necessary
40	40	to implement this section.
41	41	(d) This section does not create a private cause of action
42	42	or change any common law or statutory duty.
43	43	(e) Notwithstanding any other law, a county, municipality,
44	44	or public health district may not adopt or enforce an order,
45	45	ordinance, rule, or other measure that is inconsistent with or
46	46	exceeds the requirements of this section.
47	47	SECTION 3. Section 438.043(a), Health and Safety Code, is
48	48	amended to read as follows:
49	49	(a) The department may not accredit an education or training
50	50	program unless the program includes:
51	51	(1) four hours of training on the subject of food,
52	52	including:
53	53	(A) a description of food-borne disease and its
54	54	cause and prevention; [and]
55	55	(B) protection of food in location, receipt,
56	56	storage, preparation, service, and transportation; and
57	57	(C) the food allergen awareness information
58	58	described by Section 437.027(b);
59	59	(2) four hours of training on the subject of food
60	60	service facilities, including:
61	61	(A) waste disposal and sanitary plumbing and
62	62	water;
63	63	(B) cleaning and sanitization of dishes and
64	64	utensils;
65	65	(C) storage of equipment and utensils;
66	66	(D) housekeeping procedures and schedules;
67	67	(E) proper handling of nonfood supplies,
68	68	including single service items, linens, and toxic materials; and
69	69	(F) cleanliness of the physical plant, including
70	70	building construction, ventilation, lighting, pest control, and
71	71	general safety of the environment;
72	72	(3) two hours of training on the subject of sanitary
73	73	habits for food handlers, including:
74	74	(A) personal hygiene, including proper dress,
75	75	handwashing, personal habits, and illness;
76	76	(B) food handling practices, including minimum
77	77	handling and proper use of food service utensils; and
78	78	(C) operational problems, including
79	79	identification and correction of commonly occurring deficiencies;
80	80	and
81	81	(4) four hours of training on the subject of
82	82	management in the food service industry, including:
83	83	(A) self-inspection promotion and techniques;
84	84	(B) motivation, including safety, the economics
85	85	of safe food handling, and planning to meet sanitation guidelines;
86	86	and
87	87	(C) personnel training, including management
88	88	responsibility, resources, and methods.
89	89	SECTION 4. Section 438.103, Health and Safety Code, is
90	90	amended to read as follows:
91	91	Sec. 438.103. CERTIFICATION AND RENEWAL OF
92	92	CERTIFICATION; EXAMINATION REQUIRED. (a) A person who satisfies
93	93	the requirements of this subchapter may receive and renew a food
94	94	manager certificate by passing a state-approved examination.
95	95	(b) A state-approved examination for issuance or renewal of
96	96	a food manager certificate must test an applicant on the food
97	97	allergen awareness information described by Section 437.027(b).
98	98	SECTION 5. Not later than December 1, 2023:
99	99	(1) the Department of State Health Services shall
100	100	determine the form and content of the poster and post the sample
101	101	poster on the department's Internet website as required by Section
102	102	437.027, Health and Safety Code, as added by this Act;
103	103	(2) the Department of State Health Services shall
104	104	update the education or training program as required by Section
105	105	438.043, Health and Safety Code, as amended by this Act; and
106	106	(3) the executive commissioner of the Health and Human
107	107	Services Commission shall adopt any rules necessary to implement
108	108	the changes in law made by this Act.
109	109	SECTION 6. The changes in law made by this Act apply only to
110	110	a food manager certificate issued or renewed on or after September
111	111	1, 2024. A certificate issued before that date is covered by the
112	112	law in effect when the certificate was issued, and the former law is
113	113	continued in effect for that purpose.
114	114	SECTION 7. Notwithstanding Section 437.027, Health and
115	115	Safety Code, as added by this Act, a food service establishment is
116	116	not required to comply with that section before September 1, 2024.
117	117	SECTION 8. This Act takes effect September 1, 2023.