SB1484 - Relating to the marketing and sale of catfish and similar fish by food service establishments, food service suppliers, wholesalers, distributors, and wholesale distributors; providing administrative and civil penalties.

  89R29948 MCF-D     By: Hinojosa of Nueces, et al. S.B. No. 1484     (Kitzman)     Substitute the following for S.B. No. 1484:  No.       A BILL TO BE ENTITLED   AN ACT   relating to the marketing and sale of catfish and similar fish by   food service establishments, food service suppliers, wholesalers,   distributors, and wholesale distributors; 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 that is caught or produced by the customary   technique of aquaculture and fishing. The term does not include any   species of the scientific genus Pangasius, family Clariidae, or   family Siluridae, including fish commonly known as basa, tra, and   swai.                 (2)     "Distributor" means a person who transports and   delivers seafood from a food service supplier or wholesaler to a   food service establishment.                 (3)     "Food service establishment" has the meaning   assigned by Section 437.001.                 (4)     "Food service supplier" means a person who   sources, processes, or packages seafood for commercial sale.   The   term includes a wholesaler, manufacturer, and seafood broker.                 (5)     "Wholesale distributor" means a person who sells   seafood exclusively to another business, such as a distributor or a   food service establishment, without direct-to-consumer sales.                 (6)     "Wholesaler" means a person who purchases seafood   in bulk from a food service supplier and resells the food to a   distributor or food service establishment.           Sec.   436.152.     REQUIREMENTS FOR FOOD SERVICE   ESTABLISHMENTS, FOOD SERVICE SUPPLIERS, WHOLESALERS, DISTRIBUTORS,   AND WHOLESALE DISTRIBUTORS. (a) A food service establishment,   food service supplier, wholesaler, distributor, or wholesale   distributor 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 may   not represent the product as catfish.           (c)     A food service supplier, wholesaler, distributor, or   wholesale distributor that offers for sale a product containing a   fish similar to catfish that is not catfish:                 (1)  may not represent the product as catfish; and                 (2)     shall ensure the species and country of origin of   the fish contained in the product are conspicuously identified in   the description of the product on the product's packaging or   container.             Sec.   436.153.     ADMINISTRATIVE PENALTY; AFFIRMATIVE DEFENSE.   (a) The department, a public health district, or a county that   under Chapter 431 or 437 requires a food service establishment,   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 subchapter or a rule adopted under   this subchapter.           (b)     The department, public health district, or county, as   applicable, shall determine the amount of the penalty imposed for   the violation based on the seriousness of the conduct.             (c)     Each day a violation continues or occurs is a separate   violation for purposes of imposing an administrative penalty under   this section.           (d)     It is an affirmative defense to the imposition of an   administrative penalty under this section that a food service   establishment demonstrates the establishment in good faith   believed the fish the establishment purchased and offered for sale   was catfish.           Sec.   436.154.     CIVIL PENALTY; AFFIRMATIVE DEFENSE. (a) A   food service establishment, food service supplier, wholesaler,   distributor, or wholesale distributor that violates this   subchapter or a rule adopted under this subchapter is liable for a   civil penalty to this state, a public health district, or a county   that under Chapter 431 or 437 requires a license or permit to   operate in this state.           (b)     The court shall determine the amount of the penalty to   be imposed based on the seriousness of the conduct.           (c)     Each day a violation continues or occurs is a separate   violation for purposes of imposing a civil penalty under this   section.           (d)     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.           (e)     It is an affirmative defense to liability in a civil   action under this section that a food service establishment   demonstrates the establishment in good faith believed the fish the   establishment purchased and offered for sale was catfish.           Sec.   436.155.     REMEDIES NOT CUMULATIVE. A person may be   subject to either an administrative penalty under Section 436.153   or a civil penalty under Section 436.154 for a violation of this   subchapter arising from the same conduct, but not both.          SECTION 2.  This Act takes effect September 1, 2025.