88R9102 EAS-F
 
  By: Cortez H.B. No. 1447
 
 
A BILL TO BE ENTITLED
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 that is inconsistent with or
exceeds the requirements of this section.
       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,

Statutes affected:
Introduced: Health and Safety Code 438.043, Health and Safety Code 438.0431, Health and Safety Code 438.103 (Health and Safety Code 438)