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A BILL TO BE ENTITLED
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AN ACT
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relating to food safety. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 431.2211(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) A person is not required to hold a license under this |
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subchapter if the person is: |
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(1) a person, firm, or corporation that only harvests, |
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packages, or washes[, or ships] raw fruits or vegetables for |
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shipment at the location of harvest; |
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(2) an individual who only sells prepackaged |
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nonperishable foods, including dietary supplements, from a private |
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home as a direct seller; |
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(3) a person who holds a license under Chapter 432 and |
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who only engages in conduct within the scope of that license; or |
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(4) a restaurant that provides food for immediate |
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human consumption to a political subdivision or to a licensed |
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nonprofit organization if the restaurant would not otherwise be |
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required to hold a license under this subchapter. |
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SECTION 2. Section 431.226(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) The board by rule shall establish minimum standards for |
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granting and maintaining a license. In adopting rules under this |
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section, the board shall: |
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(1) ensure that the minimum standards prioritize safe |
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handling of fruits and vegetables based on known safety risks, |
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including any history of outbreaks of food-borne communicable |
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diseases; and |
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(2) consider acceptable produce safety standards |
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developed by a federal agency, state agency, or university. |
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SECTION 3. Subchapter J, Chapter 431, Health and Safety |
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Code, is amended by adding Section 431.227 to read as follows: |
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Sec. 431.227. FOOD SAFETY BEST PRACTICE EDUCATION PROGRAM. |
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(a) The department shall approve food safety best practice |
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education programs for places of business licensed under this |
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chapter. |
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(b) A place of business that completes a food safety best |
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practice education program approved by the department shall receive |
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a certificate valid for five years from the date of completion of |
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the program. |
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(c) When determining which places of business to inspect |
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under Section 431.042, the appropriate inspecting authority shall |
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consider whether the place of business holds a valid certificate |
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from a food safety best practice education program under this |
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section. |
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(d) The executive commissioner of the Health and Human |
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Services Commission shall adopt rules to implement this section. |
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SECTION 4. Section 431.244, Health and Safety Code, is |
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amended by adding Subsection (f) to read as follows: |
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(f) For any federal regulation adopted as a state rule under |
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this chapter, including a regulation considered to be a rule for |
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purposes of this chapter under Subsection (a), (b), or (c), the |
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Department of State Health Services shall provide on its Internet |
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website: |
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(1) a link to the text of the federal regulation; |
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(2) a clear explanation of the substance of and |
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purpose for the regulation; and |
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(3) information on providing comments in response to |
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any proposed or pending federal regulation, including an address to |
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which and the manner in which comments may be submitted. |
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SECTION 5. (a) Except as provided by Subsection (b) of this |
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section, this Act takes effect September 1, 2011. |
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(b) Section 431.2211(a), Health and Safety Code, as amended |
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by this Act, takes effect September 1, 2012. |