By: Hinojosa of Nueces S.B. No. 1484
Kolkhorst
A BILL TO BE ENTITLED
AN ACT
relating to the marketing and sale of catfish and similar fish by
food service establishments, food service suppliers, wholesalers,
distributors, and wholesale distributors; providing administrative
and civil penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 436, Health and Safety Code, is amended
by adding Subchapter J to read as follows:
SUBCHAPTER J. MARKETING AND SALE OF CATFISH AND FISH SIMILAR TO
CATFISH
Sec. 436.151. DEFINITIONS. In this subchapter:
(1) "Catfish" means any species of the scientific
family Ictaluridae that is caught or produced by the customary
technique of aquaculture and fishing in freshwater sources in the
United States or a territory of the United States. The term does
not include any species of the scientific genus Pangasius, family
Clariidae, or family Siluridae, including fish commonly known as
basa, tra, and swai.
(2) "Distributor" means a person who transports and
delivers seafood from a food service supplier or wholesaler to a
food service establishment.
(3) "Food service establishment" has the meaning
assigned by Section 437.001.
(4) "Food service supplier" means a person who
sources, processes, or packages seafood for commercial sale. The
term includes a wholesaler, manufacturer, and seafood broker.
(5) "Wholesale distributor" means a person who sells
seafood exclusively to another business, such as a distributor or a
food service establishment, without direct-to-consumer sales.
(6) "Wholesaler" means a person who purchases seafood
in bulk from a food service supplier and resells the food to a
distributor or food service establishment.
Sec. 436.152. REQUIREMENTS FOR FOOD SERVICE
ESTABLISHMENTS, FOOD SERVICE SUPPLIERS, WHOLESALERS, DISTRIBUTORS,
AND WHOLESALE DISTRIBUTORS. (a) A food service establishment,
food service supplier, wholesaler, distributor, or wholesale
distributor that offers a food product for sale may represent and
identify the product as catfish only if the product contains
catfish and does not contain another fish similar to catfish.
(b) A food service establishment that offers for sale a food
product containing a fish similar to catfish that is not catfish may
not represent the product as catfish.
(c) A food service supplier, wholesaler, distributor, or
wholesale distributor that offers for sale a product containing a
fish similar to catfish that is not catfish:
(1) may not represent the product as catfish; and
(2) shall ensure the species and country of origin of
the fish contained in the product are conspicuously identified in
the description of the product on the product's packaging or
container.
Sec. 436.153. ADMINISTRATIVE PENALTY; AFFIRMATIVE DEFENSE.
(a) The department, a public health district, or a county that
under Chapter 431 or 437 requires a food service establishment,
food service supplier, wholesaler, distributor, or wholesale
distributor to hold a license or permit to operate in this state may
impose an administrative penalty against the license or permit
holder for a violation of this subchapter or a rule adopted under
this subchapter.
(b) The department, public health district, or county, as
applicable, shall determine the amount of the penalty imposed for
the violation based on the seriousness of the conduct.
(c) Each day a violation continues or occurs is a separate
violation for purposes of imposing an administrative penalty under
this section.
(d) It is an affirmative defense to the imposition of an
administrative penalty under this section that a food service
establishment demonstrates the establishment in good faith
believed the fish the establishment purchased and offered for sale
was catfish.
Sec. 436.154. CIVIL PENALTY; AFFIRMATIVE DEFENSE. (a) A
food service establishment, food service supplier, wholesaler,
distributor, or wholesale distributor that violates this
subchapter or a rule adopted under this subchapter is liable for a
civil penalty to this state, a public health district, or a county
that under Chapter 431 or 437 requires a license or permit to
operate in this state.
(b) The court shall determine the amount of the penalty to
be imposed based on the seriousness of the conduct.
(c) Each day a violation continues or occurs is a separate
violation for purposes of imposing a civil penalty under this
section.
(d) The attorney general, the district or county attorney
for the county, or the municipal attorney of the municipality in
which the violation is alleged to have occurred may bring an action
to recover a civil penalty under this section.
(e) It is an affirmative defense to liability in a civil
action under this section that a food service establishment
demonstrates the establishment in good faith believed the fish the
establishment purchased and offered for sale was catfish.
Sec. 436.155. REMEDIES NOT CUMULATIVE. A person may be
subject to either an administrative penalty under Section 436.153
or a civil penalty under Section 436.154 for a violation of this
subchapter arising from the same conduct, but not both.
SECTION 2. This Act takes effect September 1, 2025.