Bill Text: TX SB812 | 2023-2024 | 88th Legislature | Enrolled

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Bill Title: Relating to food allergen awareness in food service establishments, food handler and food manager certifications, and food service training or education programs.

Spectrum: Slight Partisan Bill (Democrat 5-2)

Status: (Passed) 2023-06-18 - Effective on 9/1/23 [SB812 Detail]

Download: Texas-2023-SB812-Enrolled.html

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S.B. No. 812

AN ACT
relating to food allergen awareness in food service establishments,
food handler and food manager certifications, and food service
training or education programs.
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 437.027 to read as follows:
Sec. 437.027. FOOD ALLERGEN AWARENESS POSTER. (a) A food
service establishment shall display a poster relating to food
allergen awareness in an area of the establishment regularly
accessible to the establishment's food service employees. The
department shall:
(1) collaborate with individuals with expertise and
knowledge regarding food allergies to 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 the
poster contains current information about food allergens and
remains consistent with standards promulgated by the United States
Food and Drug Administration.
(b) The poster must include information regarding:
(1) the risk of an allergic reaction to a food
allergen;
(2) symptoms of an allergic reaction;
(3) the major food allergens, as determined by federal
law and regulations of the United States Food and Drug
Administration;
(4) the procedures for preventing an allergic
reaction; and
(5) appropriate responses for assisting an individual
who is having an allergic reaction.
(c) The executive commissioner shall adopt rules necessary
to implement this section.
(d) This section does not create a private cause of action
or change any common law or statutory duty.
(e) Notwithstanding any other law, a county, municipality,
or public health district may not adopt or enforce an order,
ordinance, rule, or other measure related to food allergens that is
inconsistent with or exceeds the requirements of this section or
Chapter 438.
SECTION 3. Section 438.043(a), Health and Safety Code, is
amended to read as follows:
(a) The department may not accredit an education or training
program unless the program includes:
(1) four hours of training on the subject of food,
including:
(A) a description of food-borne disease and its
cause and prevention; [and]
(B) protection of food in location, receipt,
storage, preparation, service, and transportation; and
(C) the food allergen awareness information
described by Section 437.027(b);
(2) four hours of training on the subject of food
service facilities, including:
(A) waste disposal and sanitary plumbing and
water;
(B) cleaning and sanitization of dishes and
utensils;
(C) storage of equipment and utensils;
(D) housekeeping procedures and schedules;
(E) proper handling of nonfood supplies,
including single service items, linens, and toxic materials; and
(F) cleanliness of the physical plant, including
building construction, ventilation, lighting, pest control, and
general safety of the environment;
(3) two hours of training on the subject of sanitary
habits for food handlers, including:
(A) personal hygiene, including proper dress,
handwashing, personal habits, and illness;
(B) food handling practices, including minimum
handling and proper use of food service utensils; and
(C) operational problems, including
identification and correction of commonly occurring deficiencies;
and
(4) four hours of training on the subject of
management in the food service industry, including:
(A) self-inspection promotion and techniques;
(B) motivation, including safety, the economics
of safe food handling, and planning to meet sanitation guidelines;
and
(C) personnel training, including management
responsibility, resources, and methods.
SECTION 4. Section 438.0431(b), Health and Safety Code, is
amended to read as follows:
(b) The executive commissioner shall by rule define the
basic food safety training or education required to be included in a
course curriculum. The course curriculum must include the food
allergen awareness information described by Section 437.027(b).
The course length may not exceed two hours.
SECTION 5. Section 438.103, Health and Safety Code, is
amended to read as follows:
Sec. 438.103. CERTIFICATION AND RENEWAL OF
CERTIFICATION; EXAMINATION REQUIRED. (a) A person who satisfies
the requirements of this subchapter may receive and renew a food
manager certificate by passing a state-approved examination.
(b) A state-approved examination for issuance or renewal of
a food manager certificate must test an applicant on the food
allergen awareness information described by Section 437.027(b).
SECTION 6. Chapter 438, Health and Safety Code, is amended
by adding Subchapter I to read as follows:
SUBCHAPTER I. MISCELLANEOUS PROVISIONS
Sec. 438.201. NO PRIVATE CAUSE OF ACTION. The provisions of
this chapter related to food allergens do not create a private cause
of action or change any common law or statutory duty.
Sec. 438.202. CERTAIN REGULATIONS PROHIBITED.
Notwithstanding any other law, a county, municipality, or public
health district may not adopt or enforce an order, ordinance, rule,
or other measure related to food allergens that is inconsistent
with or exceeds the requirements of this chapter or Section
437.027.
SECTION 7. Not later than December 1, 2023:
(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
437.027, Health and Safety Code, as added by this Act;
(2) the Department of State Health Services shall
update the education or training program accreditation
requirements and course curriculum as required by Sections 438.043
and 438.0431, Health and Safety Code, as amended by this Act; and
(3) the executive commissioner of the Health and Human
Services Commission shall adopt any rules necessary to implement
the changes in law made by this Act.
SECTION 8. The changes in law made by this Act apply only to
a food manager or food handler certificate issued or renewed on or
after September 1, 2024. A certificate issued before that date is
covered by the law in effect when the certificate was issued, and
the former law is continued in effect for that purpose.
SECTION 9. Notwithstanding Section 437.027, Health and
Safety Code, as added by this Act, a food service establishment is
not required to comply with that section before September 1, 2024.
SECTION 10. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 812 passed the Senate on
April 6, 2023, by the following vote: Yeas 26, Nays 5.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 812 passed the House on
May 24, 2023, by the following vote: Yeas 95, Nays 49, one
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor