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A BILL TO BE ENTITLED
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AN ACT
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relating to food allergen awareness in food service establishments; |
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authorizing a fee; requiring a food allergen awareness |
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certification for certain food service employees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 437.001, Health and Safety Code, is |
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amended by adding Subdivisions (5-a), (5-b), and (5-c) to read as |
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follows: |
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(5-a) "Major food allergen": |
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(A) includes: |
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(i) milk; |
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(ii) eggs; |
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(iii) fish, including bass, flounder, and |
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cod; |
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(iv) crustaceans, including crab, lobster, |
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and shrimp; |
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(v) tree nuts, including almonds, pecans, |
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and walnuts; |
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(vi) wheat; |
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(vii) peanuts; |
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(viii) soybeans; and |
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(ix) a food ingredient that contains |
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protein derived from any of those foods; and |
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(B) does not include any food ingredient that is |
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exempt from the food allergen labeling requirements of Section |
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403(w), Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section |
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343). |
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(5-b) "Menu" means a printed or pictorial display of |
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food items and prices of those items that are available for sale |
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from a food service establishment. The term includes a display of |
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food items that is distributed outside the food service |
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establishment, a promotional display of food items from which a |
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customer may place an order, and a display of food items on the food |
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service establishment's Internet website. |
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(5-c) "Menu board" means a list or pictorial display of |
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food items and the prices of those food items posted within or |
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outside a food service establishment. |
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SECTION 2. Chapter 437, Health and Safety Code, is amended |
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by adding Sections 437.024, 437.025, and 437.026 to read as |
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follows: |
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Sec. 437.024. FOOD ALLERGEN NOTICE ON MENUS AND MENU |
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BOARDS. (a) A food service establishment shall include on each menu |
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and menu board a clear and conspicuous notice requesting that a |
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customer notify the server of the customer's allergy to a major food |
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allergen before placing an order. The notice shall state: "Before |
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placing your order, please inform your server if a person in your |
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party has a food allergy." |
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(b) Except as provided by Subsection (c), a food service |
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establishment shall ensure that notice described by Subsection (a) |
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posted on a menu board is easily readable from the point of service |
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at which a customer orders food. The font size of the notice must be |
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the same size as or larger than the smallest font size of a menu item |
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listed on the menu board. |
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(c) A food service establishment may, instead of posting the |
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notice described by Subsection (a) on the menu board, post the |
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notice adjacent to the menu board. The notice posted under this |
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subsection must be: |
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(1) securely posted and easily readable from a |
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distance of five feet by a customer standing at or approaching the |
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point of service; |
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(2) directly facing the customer; and |
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(3) unobstructed from a customer's view. |
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Sec. 437.025. FOOD ALLERGY AWARE DESIGNATION. (a) The |
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department shall develop a program to designate certain food |
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service establishments as food allergy aware. The department shall |
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maintain a list of food service establishments that receive the |
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designation on the department's Internet website. |
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(b) Participation by a food service establishment in the |
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food allergy aware program is voluntary. |
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(c) The executive commissioner shall adopt guidelines and |
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requirements for a food service establishment to receive the food |
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allergy aware designation. The requirements must include |
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maintaining on the premises and making available to the public a |
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master list of all ingredients used in the preparation of each food |
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item available for consumption. |
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Sec. 437.026. REQUIRED FOOD ALLERGEN AWARENESS TRAINING AND |
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CERTIFICATION. (a) In this section: |
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(1) "Food allergen awareness training and |
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certification program" means a program approved by the department |
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under this section. |
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(2) "Food handler" means a food service employee who |
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works with unpackaged food, food equipment or utensils, or |
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food-contact surfaces. |
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(3) "Food server" includes any food service employee |
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who takes food orders from customers or delivers food to customers. |
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(b) Each food handler, food server, and manager employed at |
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a food service establishment shall successfully complete a food |
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allergen awareness training and certification program approved by |
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the department as required by this sections not later than the 30th |
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day after the date on which the person is hired by the food service |
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establishment. |
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(c) Each food handler, food server, and manager who |
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completes the food allergen awareness training and certification |
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program must renew the certification every three years while that |
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person is employed at the food service establishment. |
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(d) Each manager shall post for display the manager's |
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certification required by Subsection (b). |
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(e) A manager shall ensure that at least one person with the |
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certification required by Subsection (b) is present at the food |
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service establishment during all hours the establishment provides |
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food service to customers. |
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(f) The executive commissioner by rule shall establish |
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criteria and guidelines for food allergen awareness training and |
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certification programs. The department may approve food allergen |
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awareness training and certification programs that meet the |
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established criteria and guidelines. A food allergen awareness |
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training and certification program approved by the department must |
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include training on: |
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(1) the serious nature of food allergy; |
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(2) the importance of reading ingredient labels and of |
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strict allergen avoidance; |
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(3) the avoidance of cross-contact during food |
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preparation; and |
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(4) the means of activating emergency assistance in |
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the event of an allergic reaction. |
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(g) The executive commissioner by rule shall establish a fee |
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for the department to charge in the amount necessary to cover the |
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costs of administering this section to each person that applies for |
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the department's approval of a food allergen awareness training and |
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certification program. |
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(h) The department at least every five years shall review |
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each food allergen awareness training and certification program |
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approved by the department to ensure the program continues to meet |
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the criteria and guidelines established by rule under this section. |
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SECTION 3. Not later than December 1, 2015, the executive |
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commissioner of the Health and Human Services Commission shall, in |
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consultation with Food Allergy Research & Education and the Texas |
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Restaurant Association, adopt rules establishing: |
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(1) the guidelines and requirements for a food allergy |
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aware designation as required by Section 437.025, Health and Safety |
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Code, as added by this Act; and |
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(2) criteria and guidelines for food allergen |
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awareness training and certification programs as required by |
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Section 437.026, Health and Safety Code, as added by this Act. |
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SECTION 4. (a) Notwithstanding Section 437.024, Health and |
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Safety Code, as added by this Act, a food service establishment is |
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not required to comply with that section until September 1, 2016. |
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(b) Notwithstanding Section 437.026, Health and Safety |
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Code, as added by this Act, a food handler, food server, or manager |
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employed at a food service establishment on or before February 1, |
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2016, must comply with that section on or before March 1, 2016. |
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SECTION 5. Not earlier than September 1, 2016, and not later |
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than September 1, 2017, the executive commissioner of the Health |
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and Human Services Commission shall, in consultation with Food |
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Allergy Research & Education and the Texas Restaurant Association, |
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submit a report to the legislature analyzing the impact of this Act |
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on food service establishments and consumers. The report must |
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include the rate at which food service establishments comply with |
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the requirements of this Act and recommendations to improve food |
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allergen awareness by food service establishments and their |
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employees that are consistent with the public health and welfare. |
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SECTION 6. This Act takes effect September 1, 2015. |