HB 451 — Labeling and representation of imported fish

90R1262 AB-D By: Leo Wilson H.B. No. 451 relating to labeling and representation of imported fish and shellfish.

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.