By: Cortez H.B. No. 3743
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to food allergen awareness in food service establishments.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 437, Health and Safety Code, is amended
  by adding Section 437.024 to read as follows:
         Sec. 437.024.  FOOD ALLERGEN AWARENESS. (a) A food service
  establishment shall display a poster relating to food allergen
  awareness in an area of the establishment accessible primarily to
  employees of the establishment. The department shall determine the
  form and content of the poster and post a sample poster on the
  department's Internet website.
         (b)  A food service establishment may display the
  information from the sample poster in lieu of the poster provided
  the information is presented and posted in a manner that is easily
  readable by the establishment's employees in the selected employee
  area.
         (c)  The poster or posted information must include
  information regarding:
               (1)  the risk of an allergic reaction;
               (2)  the eight major food allergens, including milk,
  wheat, eggs, soy, shellfish, peanuts, tree nuts, and fish; and
               (3)  methods for preventing cross-contamination in
  food preparation.
         (d)  The executive commissioner shall adopt rules necessary
  to implement this section.
         (e)  This section does not create a private cause of action
  or change any common law or statutory duty.
         SECTION 2.  Not later than December 1, 2017:
               (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
  437.024, Health and Safety Code, as added by this Act; and
               (2)  the executive commissioner of the Health and Human
  Services Commission shall adopt any rules necessary to implement
  Section 437.024, Health and Safety Code, as added by this Act.
         SECTION 3.  Notwithstanding Section 437.024, Health and
  Safety Code, as added by this Act, a food service establishment is
  not required to comply with that section before January 1, 2018.
         SECTION 4.  This Act takes effect September 1, 2017.