Bill Text: TX HB464 | 2021-2022 | 87th Legislature | Comm Sub
Bill Title: Relating to food allergen awareness in food service establishments.
Sponsorship: Partisan Bill (Democrat 4)
Status: (Introduced - Dead) 2021-05-12 - Placed on General State Calendar [HB464 Detail]
Download: Texas-2021-HB464-Comm_Sub.html
| 87R18030 EAS-D | |||
| By: Cortez, Zwiener, et al. | H.B. No. 464 | ||
| Substitute the following for H.B. No. 464: | |||
| By: Klick | C.S.H.B. No. 464 | ||
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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. This Act may be cited as the Sergio Lopez Food | ||
| Allergy Awareness Act. | ||
| SECTION 2. Chapter 437, Health and Safety Code, is amended | ||
| by adding Section 437.026 to read as follows: | ||
| Sec. 437.026. 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 | ||
| food service employees of the establishment. The department shall: | ||
| (1) determine the form and content of the poster; | ||
| (2) post a sample poster on the department's Internet | ||
| website; and | ||
| (3) update the poster as necessary to ensure that the | ||
| poster contains current information about food allergens and | ||
| remains consistent with standards promulgated by the United States | ||
| Food and Drug Administration. | ||
| (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 food service employees in the | ||
| selected employee area. | ||
| (c) The poster or posted information must: | ||
| (1) state that a reaction to a food allergen is | ||
| potentially life-threatening; and | ||
| (2) include information regarding: | ||
| (A) the risk of an allergic reaction to a food | ||
| allergen; | ||
| (B) the major food allergens, including milk, | ||
| wheat, eggs, soy, crustacean shellfish, peanuts, tree nuts, and | ||
| fish; | ||
| (C) the proper methods and procedures for | ||
| checking ingredients in food items, including unexpected or hidden | ||
| ingredients; | ||
| (D) the importance of clear communication | ||
| between customers with food allergies and the establishment's staff | ||
| concerning food allergens; and | ||
| (E) methods for preventing cross-contact 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 3. Not later than December 1, 2021: | ||
| (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 | ||
| 437.026, 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 437.026, Health and Safety Code, as added by this Act. | ||
| SECTION 4. Notwithstanding Section 437.026, Health and | ||
| Safety Code, as added by this Act, a food service establishment is | ||
| not required to comply with that section before January 1, 2022. | ||
| SECTION 5. This Act takes effect September 1, 2021. | ||
