The Lone Star State has introduced two pivotal pieces of legislation aimed at bolstering food safety and streamlining regulations to benefit its vibrant food service industry. With an implementation date of September 1, 2023, these new laws represent a significant step towards protecting public health and fostering growth in the sector.

SB 577 – Local Food Regulations and the Local Food Regulation Registry

SB 577 clarifies food establishments and licensing authorities, ensuring that health regulations are uniformly enforced. Key provisions include:

• The establishment of a registry by the Texas Department of State Health Services (DSHS) for local health ordinances that differ from state law or DSHS rules.
• Municipalities and public health districts must submit their local health ordinances to the registry before enforcement can commence.
• Limitations on licensing fees for alcoholic beverage sales and certified food manager (CFM) certificates in specific circumstances.
• Exemptions for certain surfaces in consumer areas from easily cleanable surface requirements.
• Freedom for licensees to provide packaging, utensils, and straws without restrictions, except for food-contact surfaces.

DSHS is actively working to facilitate the submission of local ordinances and regulations to the registry, with instructions and a link to the registry available on the DSHS website. Local public health entities began compliance with this legislation on September 1, 2023.

SB 812 – Food Allergen Awareness

SB 812, known as the “Sergio Lopez Food Allergy Awareness Act,” enhances food allergy awareness among food service employees and managers. Key provisions include:

• Mandatory posting of food allergy awareness posters in accessible areas of every food service establishment.
• Inclusion of food allergen awareness in DSHS-accredited certified food manager and food handler training and examination, effective for certificates issued or renewed on or after September 1, 2024.
• Prohibition of local jurisdictions from adopting measures inconsistent with these requirements.

These laws represent a collaborative effort to improve public health, enhance food safety, and support Texas’ food service industry. The Texas Restaurant Association praised the legislation for its role in creating a more efficient business environment and providing regulatory relief during challenging times.

As Texas restaurants face challenges such as extreme heat and rising costs, these new laws come at an opportune moment. They aim to provide regulatory consistency, lower permit fees, clarify health codes, offer property tax relief, and foster workforce development.

Kelsey Erickson Streufert, Chief Public Affairs Officer of the Texas Restaurant Association, expressed the Association’s commitment to delivering immediate relief and long-term security for the entire food service industry.

The Texas government’s efforts to strengthen the food safety framework and support the food service sector align with its mission to protect public health while fostering economic growth.

For more information and updates on these legislative changes, please visit the Texas Department of State Health Services website at www.dshs.texas.gov.