Bill Text: TX HB4256 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to food allergen awareness in food service establishments.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-05-09 - Placed on General State Calendar [HB4256 Detail]
Download: Texas-2019-HB4256-Comm_Sub.html
| 86R26554 EAS-D | |||
| By: Cortez | H.B. No. 4256 | ||
| Substitute the following for H.B. No. 4256: | |||
| By: Thompson of Harris | C.S.H.B. No. 4256 | ||
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| 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 | ||
| that 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 major food allergens, including milk, wheat, | ||
| eggs, soy, shellfish, peanuts, tree nuts, and fish; and | ||
| (3) methods for preventing cross-contact 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, 2019: | ||
| (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, 2020. | ||
| SECTION 4. This Act takes effect September 1, 2019. | ||
