Bill Text: TX SB1359 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to a prohibition of foods containing trans fat.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2013-04-30 - Left pending in committee [SB1359 Detail]
Download: Texas-2013-SB1359-Introduced.html
| 83R5863 AJZ-D | ||
| By: Rodriguez | S.B. No. 1359 | |
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| relating to a prohibition of foods containing trans fat. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 437, Health and Safety Code, is amended | ||
| by adding Section 437.022 to read as follows: | ||
| Sec. 437.022. FOODS CONTAINING TRANS FAT. (a) In this | ||
| section: | ||
| (1) "Food" and "label" have the meanings assigned by | ||
| Section 431.002. | ||
| (2) "Food service establishment" means a business that | ||
| sells or otherwise serves individual portions of food, intended for | ||
| human consumption, directly to the consumer. | ||
| (3) "Trans fat" means a food or food additive | ||
| artificially created by partial hydrogenation. | ||
| (b) This section does not apply to: | ||
| (1) a nonprofit organization; | ||
| (2) a volunteer fire department that serves food to | ||
| the public only four days or less in any week, except that once each | ||
| year the fire department may serve food to the public for not more | ||
| than 30 consecutive days; | ||
| (3) a kitchen in a private home where food is prepared | ||
| at no charge for guests in the home or at a social gathering; | ||
| (4) a shelter where food is prepared at no charge for | ||
| unemployed, homeless, or other disadvantaged populations; | ||
| (5) a caterer that prepares food for consumption by | ||
| persons in a private home or at a private social gathering; | ||
| (6) a food preparation area or serving area where only | ||
| food that is not potentially hazardous food, as determined under | ||
| the 2005 Model Food Code of the United States Food and Drug | ||
| Administration and the guidelines interpreting that model code, or | ||
| a subsequent model food code and related guidelines adopted by | ||
| department rule, is prepared or served by an organization described | ||
| by Subdivision (1) or (2); | ||
| (7) a business that attributes at least 50 percent of | ||
| the business's gross receipts to the retail sale of gasoline and | ||
| diesel fuel to consumers; or | ||
| (8) a grocery store, not including a separately owned | ||
| restaurant located inside of a grocery store. | ||
| (c) A food service establishment shall maintain on the food | ||
| service establishment's premises an original label for any food or | ||
| food additive that is required by federal law to have a label | ||
| affixed to it when purchased and that contains a trans fat for as | ||
| long as the food or food additive is used, stored, or served by the | ||
| food service establishment. | ||
| (d) On request, a food service establishment shall make a | ||
| label required under Subsection (c) available to a person | ||
| conducting an inspection under Section 437.009. | ||
| (e) A food service establishment may not prepare, package, | ||
| store, or serve a food that contains a trans fat or use a trans fat | ||
| to prepare a food, except that a food service establishment may: | ||
| (1) use a trans fat to prepare bakery items, including | ||
| items made with yeast dough or cake batter; | ||
| (2) store or serve a packaged food in an original | ||
| package with a label indicating that the food has a trans fat | ||
| content of less than 0.5 grams per serving; and | ||
| (3) prepare and package a food that contains a trans | ||
| fat that will be labeled with an indication that the food has a | ||
| trans fat content of less than 0.5 grams per serving. | ||
| (e-1) Subsection (e) applies only to a food service | ||
| establishment that is part of a chain operating with the same name | ||
| or as a franchised outlet of the same parent company at 15 or more | ||
| locations in this state. This subsection expires August 31, 2015. | ||
| (f) Subsection (e) does not apply to a food service | ||
| establishment that contracts with a food manufacturer or | ||
| distributor for the provision of a food that is prepared wholly or | ||
| partly by the manufacturer or distributor and served by the food | ||
| service establishment without the food's original packaging. For | ||
| an individual food service establishment, the exemption under this | ||
| subsection expires on the later of: | ||
| (1) the date the contract between the food service | ||
| establishment and the food manufacturer or distributor expires, | ||
| excluding an extension provided for on or after September 1, 2013, | ||
| if the contract was executed before September 1, 2013; or | ||
| (2) August 31, 2015. | ||
| SECTION 2. This Act takes effect September 1, 2013, except | ||
| that Section 437.022(e), Health and Safety Code, as added by this | ||
| Act, takes effect September 1, 2014. | ||
