HBA-MPM H.B. 3601 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3601 By: Capelo Public Health 3/18/2001 Introduced BACKGROUND AND PURPOSE If a wholesale distributor of food fails to procure a license from the Texas Department of Health (TDH), TDH may not know of the existence of the distributor and therefore cannot conduct inspections to ensure that food distributed from the distributor's site of operation is safe for consumption. Current law does not provide for the enforcement of the licensing requirement as an unlawful act. Specific authority to punish violators of this provision could provide an incentive to food wholesalers to comply with state licensing requirements. House Bill 3601 specifies that operating as a wholesale distributor of food without a TDH license is an unlawful act and provides for the commissioner of health to issue an emergency order if the distribution of a food, drug, device, or cosmetic poses a threat to human safety. 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. ANALYSIS House Bill 3601 amends the Health and Safety Code to include operating as a food wholesaler in this state without a license from the Texas Department of Health as an act that is unlawful and prohibited. The bill includes distribution of a food, drug, device, or cosmetic, if such distribution creates or poses an immediate and serious threat to human life and health, as an act that may warrant an emergency order by the commissioner of health. EFFECTIVE DATE September 1, 2001.