Text of section as added by Acts 2023, 88th Leg., R.S., Ch. 1031 (S.B. 812), Sec. 2
For text of section as added by Acts 2023, 88th Leg., R.S., Ch. 245 (S.B. 577), Sec. 1, see other Sec. 437.027.
Sec. 437.027.  FOOD ALLERGEN AWARENESS POSTER.  (a)  A food service establishment shall display a poster relating to food allergen awareness in an area of the establishment regularly accessible to the establishment's food service employees. The department shall:
(1)  collaborate with individuals with expertise and knowledge regarding food allergies to determine the form and content of the poster;
(2)  post a sample poster on the department's Internet website; and
(3)  update the poster as necessary to ensure the poster contains current information about food allergens and remains consistent with standards promulgated by the United States Food and Drug Administration.
(b)  The poster must include information regarding:
(1)  the risk of an allergic reaction to a food allergen;
(2)  symptoms of an allergic reaction;
(3)  the major food allergens, as determined by federal law and regulations of the United States Food and Drug Administration;
(4)  the procedures for preventing an allergic reaction; and
(5)  appropriate responses for assisting an individual who is having an allergic reaction.
(c)  The executive commissioner shall adopt rules necessary to implement this section.
(d)  This section does not create a private cause of action or change any common law or statutory duty.
(e)  Notwithstanding any other law, a county, municipality, or public health district may not adopt or enforce an order, ordinance, rule, or other measure related to food allergens that is inconsistent with or exceeds the requirements of this section or Chapter 438.
Added by Acts 2023, 88th Leg., R.S., Ch. 1031 (S.B. 812), Sec. 2, eff. September 1, 2023.