Bill Summary – FastDemocracy

      
            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 ill
Statutes affected: 
Introduced: Health and Safety Code 438.043, Health and Safety Code 438.103 (Health and Safety Code 438)
Senate Committee Report: Health and Safety Code 438.043, Health and Safety Code 438.0431, Health and Safety Code 438.103 (Health and Safety Code 438)
Engrossed: Health and Safety Code 438.043, Health and Safety Code 438.0431, Health and Safety Code 438.103 (Health and Safety Code 438)
House Committee Report: Health and Safety Code 438.043, Health and Safety Code 438.0431, Health and Safety Code 438.103 (Health and Safety Code 438)
Enrolled: Health and Safety Code 438.043, Health and Safety Code 438.0431, Health and Safety Code 438.103 (Health and Safety Code 438)




	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 ill Statutes affected: Introduced: Health and Safety Code 438.043, Health and Safety Code 438.103 (Health and Safety Code 438) Senate Committee Report: Health and Safety Code 438.043, Health and Safety Code 438.0431, Health and Safety Code 438.103 (Health and Safety Code 438) Engrossed: Health and Safety Code 438.043, Health and Safety Code 438.0431, Health and Safety Code 438.103 (Health and Safety Code 438) House Committee Report: Health and Safety Code 438.043, Health and Safety Code 438.0431, Health and Safety Code 438.103 (Health and Safety Code 438) Enrolled: Health and Safety Code 438.043, Health and Safety Code 438.0431, Health and Safety Code 438.103 (Health and Safety Code 438)