SB823 - Relating to labeling and representation of imported shrimp; authorizing an administrative penalty.

      S.B. No. 823         AN ACT   relating to labeling and representation of imported shrimp;   authorizing an administrative penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter F, Chapter 436, Health and Safety   Code, is amended by adding Section 436.083 to read as follows:           Sec.   436.083.     LABELING OF SHRIMP. (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 food service supplier, wholesaler, distributor, or   wholesale distributor may not sell shrimp in this state unless the   shrimp's label includes a clear and conspicuous notice stating   whether the shrimp is imported.           (c)     A restaurant shall not label or represent imported   shrimp as "Texas shrimp," "American shrimp," "Domestic shrimp," or   "Gulf shrimp."           (d)     The department, a public health district, a county, or a   municipality that under Chapter 431 or 437 requires a restaurant,   food service supplier, wholesaler, distributor, or wholesale   distributor to hold a license or permit to operate in this state may   impose an administrative penalty against the license or permit   holder 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 section that the license or   permit holder believed in good faith the shrimp was not imported.           (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.  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 added by this Act.          SECTION 3.  This Act takes effect September 1, 2025.               ______________________________ ______________________________      President of the Senate Speaker of the House                 I hereby certify that S.B. No. 823 passed the Senate on   May 23, 2025, by the following vote:  Yeas 28, Nays 3.       ______________________________   Secretary of the Senate                I hereby certify that S.B. No. 823 passed the House on   May 28, 2025, by the following vote:  Yeas 128, Nays 13, two   present not voting.       ______________________________   Chief Clerk of the House            Approved:     ______________________________                Date       ______________________________              Governor