HBA-ATS S.B. 1031 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 1031 By: Madla Business & Industry 4/15/1999 Engrossed 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. S.B. 1031 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.