78th Texas Legislature, Regular Session, Senate Bill 381, Chapter 334 Page: 1 of 4
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CHAPTER 334 S.B. No. 381
1 AN ACT
2 relating to food manufacturer and food wholesaler licensing
3 requirements under the Texas Food, Drug, and Cosmetic Act.
4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
5 SECTION 1. Section 431.221, Health and Safety Code, is
6 amended by amending Subdivisions (2) and (3) and adding Subdivision
7 (6) to read as follows:
8 (2) "Food manufacturer" means a person who combines,
9 purifies, processes, or packages food for sale through a wholesale
10 outlet. The term also includes a retail outlet that packages or
11 labels food before sale and a person that represents itself as
12 responsible for the purity and proper labeling of an article of food
13 by labeling the food with the person's name and address. The term
14 does not include a restaurant that provides food for immediate
15 human consumption to a political subdivision or to a licensed
16 nonprofit organization if the restaurant would not otherwise be
17 considered a food manufacturer under this subdivision.
18 (3) "Food wholesaler" means a person who distributes
19 food for resale, either through a retail outlet owned by that person
20 or through sales to another person. The term "food wholesaler"
21 shall not include:
22 (A) a commissary which distributes food
23 primarily intended for immediate consumption on the premises of a
24 retail outlet under common ownership; [o]1
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Texas. Legislature. Senate. 78th Texas Legislature, Regular Session, Senate Bill 381, Chapter 334, legislative document, June 18, 2003; [Austin, Texas]. (https://texashistory.unt.edu/ark:/67531/metapth159415/m1/1/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.