Texas 2023 - 88th Regular

Texas House Bill HB1447 Compare Versions

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Version 2 (New)

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1	1	88R9102 EAS-F
2	2	By: Cortez H.B. No. 1447
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 handler and food manager certifications, and food service
9	9	training or education programs.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. This Act may be cited as the Sergio Lopez Food
12	12	Allergy Awareness Act.
13	13	SECTION 2. Chapter 437, Health and Safety Code, is amended
14	14	by adding Section 437.027 to read as follows:
15	15	Sec. 437.027. FOOD ALLERGEN AWARENESS POSTER. (a) A food
16	16	service establishment shall display a poster relating to food
17	17	allergen awareness in an area of the establishment regularly
18	18	accessible to the establishment's food service employees. The
19	19	department shall:
20	20	(1) collaborate with individuals with expertise and
21	21	knowledge regarding food allergies to determine the form and
22	22	content of the poster;
23	23	(2) post a sample poster on the department's Internet
24	24	website; and
25	25	(3) update the poster as necessary to ensure the
26	26	poster contains current information about food allergens and
27	27	remains consistent with standards promulgated by the United States
28	28	Food and Drug Administration.
29	29	(b) The poster must include information regarding:
30	30	(1) the risk of an allergic reaction to a food
31	31	allergen;
32	32	(2) symptoms of an allergic reaction;
33	33	(3) the major food allergens, as determined by federal
34	34	law and regulations of the United States Food and Drug
35	35	Administration;
36	36	(4) the procedures for preventing an allergic
37	37	reaction; and
38	38	(5) appropriate responses for assisting an individual
39	39	who is having an allergic reaction.
40	40	(c) The executive commissioner shall adopt rules necessary
41	41	to implement this section.
42	42	(d) This section does not create a private cause of action
43	43	or change any common law or statutory duty.
44	44	(e) Notwithstanding any other law, a county, municipality,
45	45	or public health district may not adopt or enforce an order,
46	46	ordinance, rule, or other measure that is inconsistent with or
47	47	exceeds the requirements of this section.
48	48	SECTION 3. Section 438.043(a), Health and Safety Code, is
49	49	amended to read as follows:
50	50	(a) The department may not accredit an education or training
51	51	program unless the program includes:
52	52	(1) four hours of training on the subject of food,
53	53	including:
54	54	(A) a description of food-borne disease and its
55	55	cause and prevention; [and]
56	56	(B) protection of food in location, receipt,
57	57	storage, preparation, service, and transportation; and
58	58	(C) the food allergen awareness information
59	59	described by Section 437.027(b);
60	60	(2) four hours of training on the subject of food
61	61	service facilities, including:
62	62	(A) waste disposal and sanitary plumbing and
63	63	water;
64	64	(B) cleaning and sanitization of dishes and
65	65	utensils;
66	66	(C) storage of equipment and utensils;
67	67	(D) housekeeping procedures and schedules;
68	68	(E) proper handling of nonfood supplies,
69	69	including single service items, linens, and toxic materials; and
70	70	(F) cleanliness of the physical plant, including
71	71	building construction, ventilation, lighting, pest control, and
72	72	general safety of the environment;
73	73	(3) two hours of training on the subject of sanitary
74	74	habits for food handlers, including:
75	75	(A) personal hygiene, including proper dress,
76	76	handwashing, personal habits, and illness;
77	77	(B) food handling practices, including minimum
78	78	handling and proper use of food service utensils; and
79	79	(C) operational problems, including
80	80	identification and correction of commonly occurring deficiencies;
81	81	and
82	82	(4) four hours of training on the subject of
83	83	management in the food service industry, including:
84	84	(A) self-inspection promotion and techniques;
85	85	(B) motivation, including safety, the economics
86	86	of safe food handling, and planning to meet sanitation guidelines;
87	87	and
88	88	(C) personnel training, including management
89	89	responsibility, resources, and methods.
90	90	SECTION 4. Section 438.0431(b), Health and Safety Code, is
91	91	amended to read as follows:
92	92	(b) The executive commissioner shall by rule define the
93	93	basic food safety training or education required to be included in a
94	94	course curriculum. The course curriculum must include the food
95	95	allergen awareness information described by Section 437.027(b).
96	96	The course length may not exceed two hours.
97	97	SECTION 5. Section 438.103, Health and Safety Code, is
98	98	amended to read as follows:
99	99	Sec. 438.103. CERTIFICATION AND RENEWAL OF
100	100	CERTIFICATION; EXAMINATION REQUIRED. (a) A person who satisfies
101	101	the requirements of this subchapter may receive and renew a food
102	102	manager certificate by passing a state-approved examination.
103	103	(b) A state-approved examination for issuance or renewal of
104	104	a food manager certificate must test an applicant on the food
105	105	allergen awareness information described by Section 437.027(b).
106	106	SECTION 6. Not later than December 1, 2023:
107	107	(1) the Department of State Health Services shall
108	108	determine the form and content of the poster and post the sample
109	109	poster on the department's Internet website as required by Section
110	110	437.027, Health and Safety Code, as added by this Act;
111	111	(2) the Department of State Health Services shall
112	112	update the education or training program accreditation
113	113	requirements and course curriculum as required by Sections 438.043
114	114	and 438.0431, Health and Safety Code, as amended by this Act; and
115	115	(3) the executive commissioner of the Health and Human
116	116	Services Commission shall adopt any rules necessary to implement
117	117	the changes in law made by this Act.
118	118	SECTION 7. The changes in law made by this Act apply only to
119	119	a food manager or food handler certificate issued or renewed on or
120	120	after September 1, 2024. A certificate issued before that date is
121	121	covered by the law in effect when the certificate was issued, and
122	122	the former law is continued in effect for that purpose.
123	123	SECTION 8. Notwithstanding Section 437.027, Health and
124	124	Safety Code, as added by this Act, a food service establishment is
125	125	not required to comply with that section before September 1, 2024.
126	126	SECTION 9. This Act takes effect September 1, 2023.