HBA-MPA, ATS C.S.S.B. 1031 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.S.B. 1031
By: Madla
Business & Industry
4/22/1999
Committee Report (Substituted)


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. 

C.S.S.B. 1031 provides that Section 434.007, Health and Safety Code does
not apply to specified food establishments.  

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. Amends Section 434.007, Health and Safety Code, by adding
Subsection (f), to provide that this section (Weight Standards for Bread
Loaves) does not apply to a food establishment defined under Chapter 437
(Regulation of Food Service Establishments, Retail Food Stores,Mobile Food
Units, and Roadside Food Vendors) or licensed under Chapter 431 (Texas
Food, Drug, and Cosmetic Act) as a food manufacturer.   

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.B. 1031 differs from the original bill in SECTION 1 by amending,
rather than repealing Section 434.007, Health and Safety Code, by adding
Subsection (f), to provide that this section (Weight Standards for Bread
Loaves) does not apply to a food establishment defined under Chapter 437
(Regulation of Food Service Establishments, Retail Food Stores,Mobile Food
Units, and Roadside Food Vendors) or licensed under Chapter 431 (Texas
Food, Drug, and Cosmetic Act) as a food manufacturer.