HBA-MPM C.S.H.B. 3601 77(R) BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 3601 By: Capelo Public Health 4/10/2001 Committee Report (Substituted) 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. C.S.H.B. 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 C.S.H.B. 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 (Sec. 431.021). 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 (Sec. 431.045). The bill provides that a person is not required to be licensed under the food manufacturers and food wholesalers provisions of the Texas Food, Drug, and Cosmetic Act if the person holds a license under the Texas Food, Drug, Device, and Cosmetic Salvage Act and only engages in conduct within the scope of that license. The bill provides that an exemption from the licensing requirements does not exempt the person from other provisions governing food manufacturers and food wholesalers or from rules adopted by the Texas Board of Health to administer and enforce those provisions. The bill specifies that provisions of the Alcoholic Beverage Code prevail to the extent of any conflict with the Texas Food, Drug, and Cosmetic Act (Sec. 431.2211). EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 3601 differs from the original by adding a provision specifying that a person is not required to be licensed under the food manufacturers and food wholesalers provisions of the Texas Food, Drug, and Cosmetic Act if the person is licensed under the Texas Food, Drug, Device, and Cosmetic Salvage Act and acts solely within the scope of that license. The substitute also specifies that provisions of the Alcoholic Beverage Code prevail to the extent of any conflict with the Texas Food, Drug, and Cosmetic Act (Sec. 431.2211).