87R4474 KKR-D     By: Springer S.B. No. 843       A BILL TO BE ENTITLED   AN ACT   relating to the sale of certain food by 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 437.026 to read as follows:          Sec. 437.026.  SALE OF CERTAIN FOOD BY FOOD SERVICE   ESTABLISHMENT. (a)  Except as provided by Subsection (b), a food   service establishment that holds a permit under this chapter may   sell directly to an individual consumer food, other than prepared   food, that:                (1)  is in its original condition or original packaging   as received by the establishment;                (2)  is labeled, which may include a handwritten label,   with the name and source of the food and the date the food is sold;                (3)  for meat or poultry, bears an official mark of   inspection from the department or the United States Department of   Agriculture;                (4)  for a meat product or poultry product, is obtained   from a source that is appropriately inspected and bears an official   mark of inspection described by Subdivision (3);                (5)  for a time and temperature control for safety food   as defined by Section 437.0196, does not exceed the shelf life   displayed on the food's packaging; and                (6)  for food requiring refrigeration other than   produce, is:                      (A)  maintained at or below 41 degrees Fahrenheit   until the establishment sells or donates the food; and                      (B)  protected from contamination.          (b)  A food service establishment described by Subsection   (a) may not sell directly to an individual consumer food that is:                (1)  in a package exhibiting damage or that is not   labeled with the manufacturer's original labeling; or                (2)  distressed because the food:                      (A)  has been subjected to fire, flooding,   excessive heat, smoke, radiation, or another environmental   contamination;                       (B)  is not held at the correct temperature for   the food type; or                      (C)  is stored for a prolonged period.          SECTION 2.  As soon as practicable after the effective date   of this Act, the executive commissioner of the Health and Human   Services Commission shall adopt rules to implement Section 437.026,   Health and Safety Code, as added by this Act.          SECTION 3.  Section 437.026, Health and Safety Code, as   added by this Act, applies only to the sale of food by a food service   establishment that occurs on or after the effective date of this   Act. The sale of food by a food service establishment that occurs   before the effective date of this Act is governed by the law in   effect on the date the sale occurred, and the former law is   continued in effect for that purpose.          SECTION 4.  This Act takes effect September 1, 2021.