Texas 2023 - 88th Regular

Texas Senate Bill SB812 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 812
2	2
3	3
4	4	AN ACT
5	5	relating to food allergen awareness in food service establishments,
6	6	food handler and food manager certifications, and food service
7	7	training or education programs.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. This Act may be cited as the Sergio Lopez Food
10	10	Allergy Awareness Act.
11	11	SECTION 2. Chapter 437, Health and Safety Code, is amended
12	12	by adding Section 437.027 to read as follows:
13	13	Sec. 437.027. FOOD ALLERGEN AWARENESS POSTER. (a) A food
14	14	service establishment shall display a poster relating to food
15	15	allergen awareness in an area of the establishment regularly
16	16	accessible to the establishment's food service employees. The
17	17	department shall:
18	18	(1) collaborate with individuals with expertise and
19	19	knowledge regarding food allergies to determine the form and
20	20	content of the poster;
21	21	(2) post a sample poster on the department's Internet
22	22	website; and
23	23	(3) update the poster as necessary to ensure the
24	24	poster contains current information about food allergens and
25	25	remains consistent with standards promulgated by the United States
26	26	Food and Drug Administration.
27	27	(b) The poster must include information regarding:
28	28	(1) the risk of an allergic reaction to a food
29	29	allergen;
30	30	(2) symptoms of an allergic reaction;
31	31	(3) the major food allergens, as determined by federal
32	32	law and regulations of the United States Food and Drug
33	33	Administration;
34	34	(4) the procedures for preventing an allergic
35	35	reaction; and
36	36	(5) appropriate responses for assisting an individual
37	37	who is having an allergic reaction.
38	38	(c) The executive commissioner shall adopt rules necessary
39	39	to implement this section.
40	40	(d) This section does not create a private cause of action
41	41	or change any common law or statutory duty.
42	42	(e) Notwithstanding any other law, a county, municipality,
43	43	or public health district may not adopt or enforce an order,
44	44	ordinance, rule, or other measure related to food allergens that is
45	45	inconsistent with or exceeds the requirements of this section or
46	46	Chapter 438.
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 438.0431(b), Health and Safety Code, is
90	90	amended to read as follows:
91	91	(b) The executive commissioner shall by rule define the
92	92	basic food safety training or education required to be included in a
93	93	course curriculum. The course curriculum must include the food
94	94	allergen awareness information described by Section 437.027(b).
95	95	The course length may not exceed two hours.
96	96	SECTION 5. Section 438.103, Health and Safety Code, is
97	97	amended to read as follows:
98	98	Sec. 438.103. CERTIFICATION AND RENEWAL OF
99	99	CERTIFICATION; EXAMINATION REQUIRED. (a) A person who satisfies
100	100	the requirements of this subchapter may receive and renew a food
101	101	manager certificate by passing a state-approved examination.
102	102	(b) A state-approved examination for issuance or renewal of
103	103	a food manager certificate must test an applicant on the food
104	104	allergen awareness information described by Section 437.027(b).
105	105	SECTION 6. Chapter 438, Health and Safety Code, is amended
106	106	by adding Subchapter I to read as follows:
107	107	SUBCHAPTER I. MISCELLANEOUS PROVISIONS
108	108	Sec. 438.201. NO PRIVATE CAUSE OF ACTION. The provisions of
109	109	this chapter related to food allergens do not create a private cause
110	110	of action or change any common law or statutory duty.
111	111	Sec. 438.202. CERTAIN REGULATIONS PROHIBITED.
112	112	Notwithstanding any other law, a county, municipality, or public
113	113	health district may not adopt or enforce an order, ordinance, rule,
114	114	or other measure related to food allergens that is inconsistent
115	115	with or exceeds the requirements of this chapter or Section
116	116	437.027.
117	117	SECTION 7. Not later than December 1, 2023:
118	118	(1) the Department of State Health Services shall
119	119	determine the form and content of the poster and post the sample
120	120	poster on the department's Internet website as required by Section
121	121	437.027, Health and Safety Code, as added by this Act;
122	122	(2) the Department of State Health Services shall
123	123	update the education or training program accreditation
124	124	requirements and course curriculum as required by Sections 438.043
125	125	and 438.0431, Health and Safety Code, as amended by this Act; and
126	126	(3) the executive commissioner of the Health and Human
127	127	Services Commission shall adopt any rules necessary to implement
128	128	the changes in law made by this Act.
129	129	SECTION 8. The changes in law made by this Act apply only to
130	130	a food manager or food handler certificate issued or renewed on or
131	131	after September 1, 2024. A certificate issued before that date is
132	132	covered by the law in effect when the certificate was issued, and
133	133	the former law is continued in effect for that purpose.
134	134	SECTION 9. Notwithstanding Section 437.027, Health and
135	135	Safety Code, as added by this Act, a food service establishment is
136	136	not required to comply with that section before September 1, 2024.
137	137	SECTION 10. This Act takes effect September 1, 2023.
138	138	______________________________ ______________________________
139	139	President of the Senate Speaker of the House
140	140	I hereby certify that S.B. No. 812 passed the Senate on
141	141	April 6, 2023, by the following vote: Yeas 26, Nays 5.
142	142	______________________________
143	143	Secretary of the Senate
144	144	I hereby certify that S.B. No. 812 passed the House on
145	145	May 24, 2023, by the following vote: Yeas 95, Nays 49, one
146	146	present not voting.
147	147	______________________________
148	148	Chief Clerk of the House
149	149	Approved:
150	150	______________________________
151	151	Date
152	152	______________________________
153	153	Governor