Bill Text: TX HB464 | 2021-2022 | 87th Legislature | Comm Sub
Bill Title: Relating to food allergen awareness in food service establishments.
Spectrum: Partisan Bill (Democrat 4-0)
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. |