HBA-ATS H.B. 3289 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3289
By: Van de Putte
Business & Industry
3/28/1999
Introduced



BACKGROUND AND PURPOSE 

Section 434.007, Health and Safety Code, prescribes the standard weights
for loaves of bread made by persons in the business of wholesaling and
retailing bread in Texas.  At the time of the statute's enactment in 1911,
it was common for some bakeries to pump air into loaves of bread to
increase their weight.  These "air loaves" were sold to the public at an
advertised weight, and priced accordingly, that was inaccurate.  To prevent
fraud on the public in the sale of bread and prevent unfair competition
among dealers, these "pan laws" were enacted throughout the United States. 

In 1951, Congress passed the Fair Packaging and Labeling Act (Act) to
provide for net weight standards for packaging.  Texas incorporated the Act
into the Health and Safety Code.  In 1990, Congress amended the Federal
Food, Drug, and Cosmetic Act by enacting the Nutritional Labeling and
Education Act.  This statute requires detailed labeling of food products
through accurate statements of quantity and ingredients.  The passage of
these two federal laws may have preempted the operation of Section 434.007.
The Texas Department of Health (department) inspects bread manufacturers,
wholesalers, and supermarket and retail bakeries using federal and state
laws other than Section 434.007 because the department has interpreted the
federal laws as preempting the operation of Section 434.007.  However, in
opinion No. JC-0007 the attorney general concluded that the Nutrition
Labeling and Education Act does not preempt Section 434.007 as a matter of
law. 

H.B. 3289 repeals Section 434.007, Health and Safety Code. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Repealer: Section 434.007 (Weight Standards for Bread Loaves),
Health and Safety Code.  Section 434.007 prescribes the standard weights
for loaves of bread made by persons in the business of wholesaling and
retailing bread. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.