HB1958 - Relating to labeling and representation of imported shrimp by restaurants.

  89R28059 TYPED     By: Lopez of Cameron, Hunter, Villalobos, H.B. No. 1958       Virdell     Substitute the following for H.B. No. 1958:     By:  Button C.S.H.B. No. 1958       A BILL TO BE ENTITLED   AN ACT   relating to labeling and representation of imported shrimp by   restaurants.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 437, Health and Safety Code, is amended   by adding Section 437.029 to read as follows:           Sec.   437.029.     IMPORTED SHRIMP LABELING AND REPRESENTATION.   (a) For purposes of this section, a shrimp is considered to be   imported if the shrimp does not satisfy the United States country of   origin requirements for wild or farm-raised shellfish established   by 7 C.F.R. Section 60.128, or successor regulations.           (b)     A restaurant shall not label or represent imported   shrimp as "Texas shrimp," "American shrimp," "Domestic shrimp," or   "Gulf shrimp."           (c)     A restaurant shall not label or represent farm-raised   shrimp as "wild-caught shrimp."           (d)     The department, a public health district, a county, or a   municipality that under Chapter 431 or 437 requires a restaurant to   hold a license or permit to operate in this state shall impose an   administrative penalty against the restaurant for a violation of   this section or a rule adopted under this section.           (e)     It is an affirmative defense to the imposition of an   administrative penalty under this chapter for a violation of this   section that the restaurant believed in good faith the shrimp was   not imported or farm raised.           (f)     This section does not create a private cause of action   or change any common law or statutory duty.           (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 shrimp packaged by itself or as an ingredient in another   packaged food product that is sold packaged.          SECTION 2.  Notwithstanding Section 437.029, Health and   Safety Code, as added by this Act, a restaurant is not required to   comply with that section before March 1, 2026.          SECTION 3.  This Act takes effect September 1, 2025.