81R1041 SJM-D
 
  By: Shapleigh S.B. No. 204
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a prohibition of foods containing trans fat; providing
  a criminal penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 438, Health and Safety Code, is amended
  by adding Subchapter H to read as follows:
  SUBCHAPTER H.  FOODS CONTAINING TRANS FAT
         Sec. 438.121.  DEFINITIONS. In this subchapter:
               (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.
         Sec. 438.122.  MAINTENANCE OF FOOD LABELS FOR INSPECTION.
  (a) A food service establishment shall maintain on the food service
  establishment's premises an original label for any food or food
  additive that contains a fat for as long as the food or food
  additive is used, stored, or served by the food service
  establishment.
         (b)  On request, a food service establishment shall make a
  label required under Subsection (a) available to a person
  conducting an inspection under Section 437.009.
         Sec. 438.123.  USE OF TRANS FAT PROHIBITED. (a) A food
  service establishment may not package, store, or use a trans fat to
  prepare or serve food, except for a trans fat used to deep-fry yeast
  dough or cake batter.
         (b)  Subsection (a) does not apply to the storage of a
  packaged food to be served in its original package with a label
  indicating that the food has a trans fat content of less than 0.5
  grams per serving.
         Sec. 438.124.  FOODS CONTAINING TRANS FAT PROHIBITED. (a) A
  food service establishment may not prepare, package, store, or
  serve a food containing trans fat.
         (b)  Subsection (a) does not apply to:
               (1)  a yeast dough or cake batter prepared with or
  containing a trans fat; or
               (2)  a packaged food served in an original package with
  a label indicating that the food has a trans fat content of less
  than 0.5 grams per serving.
         Sec. 438.125.  CRIMINAL PENALTY. (a) A person commits an
  offense if the person violates this subchapter.
         (b)  An offense under this subchapter is a misdemeanor
  punishable by a fine of not less than $25 or more than $200.
         SECTION 2.  This Act takes effect September 1, 2009, except
  that Section 438.123, Health and Safety Code, as added by this Act,
  takes effect September 1, 2010, and Section 438.124, Health and
  Safety Code, as added by this Act, takes effect September 1, 2011.