Cain’s bill on what restaurants may call catfish

The text as introduced · 549 words

89R12588 MCF-D

By: Cain
H.B. No. 2976

A BILL TO BE ENTITLED

AN ACT

relating to the marketing and sale of catfish and similar fish by

food service establishments; providing administrative and civil

penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 436, Health and Safety Code, is amended

by adding Subchapter J to read as follows:

SUBCHAPTER J. MARKETING AND SALE OF CATFISH AND

FISH SIMILAR TO CATFISH

Sec. 436.151. DEFINITIONS. In this subchapter:

(1) "Catfish" means any species of the scientific

family Ictaluridae. The term does not include any species of the

scientific genus Pangasius, family Clariidae or family Siluridae,

including Swai fish.

(2) "Food service establishment" has the meaning

assigned by Section 437.001.

(3) "Menu board" means a posted list or pictorial

display of food items offered for sale by a food service

establishment.

Sec. 436.152. REQUIREMENTS FOR FOOD SERVICE

ESTABLISHMENTS. (a) A food service establishment that offers a

food product for sale may represent and identify the product as

catfish only if the product contains catfish and does not contain

another fish similar to catfish.

(b) A food service establishment that offers for sale a food

product containing a fish similar to catfish that is not catfish:

(1) may not represent the product as catfish; and

(2) shall conspicuously identify the type of fish

contained in the product in the description of the product on the

establishment's menu or menu board.

Sec. 436.153. ADMINISTRATIVE PENALTY. (a) The department,

or a public health district or county that under Chapter 437

requires a food service establishment to obtain a permit, may

impose an administrative penalty against a food service

establishment that violates this subchapter or a rule adopted under

this subchapter.

(b) The penalty for a violation may be in an amount not to

exceed:

(1) $250 for a food service establishment with gross

annual food sales of less than $50,000;

(2) $500 for a food service establishment with gross

annual food sales of at least $50,000 but less than $145,000; and

(3) $750 for a food service establishment with gross

annual food sales of at least $145,000.

(c) Each day a violation continues or occurs is a separate

violation for purposes of imposing a penalty.

Sec. 436.154. CIVIL PENALTY. (a) A food service

establishment that violates this subchapter or a rule adopted under

this subchapter is liable to this state, or a public health district

or county that under Chapter 437 requires the food service

establishment to obtain a permit, for a civil penalty in an amount

not to exceed:

(1) $250 for a food service establishment with gross

annual food sales of less than $50,000;

(2) $500 for a food service establishment with gross

annual food sales of at least $50,000 but less than $145,000; and

(3) $750 for a food service establishment with gross

annual food sales of at least $145,000.

(b) Each day a violation continues or occurs is a separate

violation for purposes of imposing a penalty.

(c) The attorney general, the district or county attorney

for the county, or the municipal attorney of the municipality in

which the violation is alleged to have occurred may bring an action

to recover a civil penalty under this section.

SECTION 2. This Act takes effect September 1, 2025.