Bill Text: TX HB3743 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to food allergen awareness in food service establishments.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-04-03 - Referred to Public Health [HB3743 Detail]
Download: Texas-2017-HB3743-Introduced.html
By: Cortez | H.B. No. 3743 |
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relating to food allergen awareness in 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 437.024 to read as follows: | ||
Sec. 437.024. FOOD ALLERGEN AWARENESS. (a) A food service | ||
establishment shall display a poster relating to food allergen | ||
awareness in an area of the establishment accessible primarily to | ||
employees of the establishment. The department shall determine the | ||
form and content of the poster and post a sample poster on the | ||
department's Internet website. | ||
(b) A food service establishment may display the | ||
information from the sample poster in lieu of the poster provided | ||
the information is presented and posted in a manner that is easily | ||
readable by the establishment's employees in the selected employee | ||
area. | ||
(c) The poster or posted information must include | ||
information regarding: | ||
(1) the risk of an allergic reaction; | ||
(2) the eight major food allergens, including milk, | ||
wheat, eggs, soy, shellfish, peanuts, tree nuts, and fish; and | ||
(3) methods for preventing cross-contamination in | ||
food preparation. | ||
(d) The executive commissioner shall adopt rules necessary | ||
to implement this section. | ||
(e) This section does not create a private cause of action | ||
or change any common law or statutory duty. | ||
SECTION 2. Not later than December 1, 2017: | ||
(1) the Department of State Health Services shall | ||
determine the form and content of the poster and post the sample | ||
poster on the department | ||
's Internet website as required by Section | ||
437.024, Health and Safety Code, as added by this Act; and | ||
(2) the executive commissioner of the Health and Human | ||
Services Commission shall adopt any rules necessary to implement | ||
Section 437.024, Health and Safety Code, as added by this Act. | ||
SECTION 3. Notwithstanding Section 437.024, Health and | ||
Safety Code, as added by this Act, a food service establishment is | ||
not required to comply with that section before January 1, 2018. | ||
SECTION 4. This Act takes effect September 1, 2017. |