bill extends the imported shrimp label rule to all seafood

The text as introduced · 365 words

90R1262 AB-D

By: Leo Wilson
H.B. No. 451

A BILL TO BE ENTITLED

AN ACT

relating to labeling and representation of imported fish and

shellfish.

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

SECTION 1. The heading to Section 436.083, Health and

Safety Code, is amended to read as follows:

Sec. 436.083. LABELING OF FISH AND SHELLFISH [ SHRIMP ].

SECTION 2. Sections 436.083(a), (b), (c), (e), and (g),

Health and Safety Code, are amended to read as follows:

(a) For purposes of this section, a fish or shellfish

[ shrimp ] is considered to be imported if the fish or shellfish

[ shrimp ] does not satisfy the United States country of origin

requirements for wild or farm-raised fish or shellfish established

by 7 C.F.R. Section 60.128, or successor regulations.

(b) A food service supplier, wholesaler, distributor, or

wholesale distributor may not sell fish or shellfish [ shrimp ] in

this state unless the fish's or shellfish's [ shrimp's ] label

includes a clear and conspicuous notice stating whether the fish or

shellfish [ shrimp ] is imported.

(c) A restaurant shall not label or represent imported fish

or shellfish [ shrimp ] as "Texas fish or shellfish [ shrimp ],"

"American fish or shellfish [ shrimp ]," "Domestic fish or shellfish

[ shrimp ]," or "Gulf fish or shellfish [ shrimp ]."

(e) It is an affirmative defense to the imposition of an

administrative penalty under this section that the license or

permit holder believed in good faith the fish or shellfish [ shrimp ]

was not imported.

(g) This section does not apply to foods served or prepared

in similar retail food establishments, such as grocery stores or

other food enterprises located within grocery stores, or properly

labeled fish or shellfish [ shrimp ] packaged by itself or as an

ingredient in another packaged food product that is sold packaged.

SECTION 3. As soon as practicable after the effective date

of this Act, the executive commissioner of the Health and Human

Services Commission shall adopt rules necessary to implement

Section 436.083, Health and Safety Code, as amended by this Act.

SECTION 4. This Act takes effect September 1, 2027.