2021 Texas Food Legislation

The current legislative session is well underway, and our state lawmakers are attempting to pass meaningful legislation – both big and small.

TexasPHS has read all of the proposed bills affecting food manufacturers, restaurants, food delivery companies, and cottage food producers, and we invite you to continue reading to discover the most important regulations surrounding FOOD IN TEXAS in 2021.

1.) HB 598 – Relating to the fees charged by a third-party food delivery service to a food service establishment.

This is the first bill of its kind in Texas to address third-party food delivery services such as DoorDash and Uber Eats. The proposed bill would impose the following restrictions on fees, if passed:

• A delivery fee of no more than 15% of the price of an order; OR
• A fee other than a delivery fee in an amount that is more than 5% of the price of an order

TexasPHS Hot Take: This bill is way too weak on so many levels. Lawmakers should also pass food safety and sanitation mandates for third-party delivery services, such as AB-3336.

2.) SB 617 and HB 1652 – Relating to the regulation of certain direct sales of food to consumers and a limitation on the fee amount for certain permits.

These two proposed bills in the House and Senate both seek to strengthen the food freedom rights of farmers and other food producers who sell food directly to consumers. The two bills also address governmental entities who overcharge farmers and other food producers. These bills essentially address concerns voiced by small, independent farmers after SB 932 was passed in 2019.

TexasPHS Hot Take: The term “farmers market” is vague and interpretive and municipal governments tend to regulate farmers and small food producers too harshly.

3.) HB 1276 – Relating to the sale of certain food by food service establishments.

HB 1276 allows a restaurant to operate as a grocery store. If passed, a restaurant or other food service establishment may sell unprepared foods directly to a consumer as long as food safety guidelines are met. For example, a restaurant may sell a patron a raw beef brisket received from its supplier as long as the brisket is in its original packaging and bears an official mark from the USDA.

TexasPHS Hot Take: Absolutely! Anything to help restaurants and Main Street get through the pandemic. The proposed bills relating to the pickup and delivery of alcoholic beverages for off-premises consumption will also help (HB 1024, SB 298, and HB 983).

4.) HB 464 – Relating to food allergen awareness in food service establishments.

This proposed bill creates a mandate for restaurants and other food service establishments to display information about food allergen awareness to employees. HB 464 seeks to improve the level of communication between customers with food allergies and the establishment’s staff concerning food allergens.

TexasPHS Hot Take: Posting an educational poster about food allergen awareness in a back hallway is not going to make a difference. Consistent and persistent food safety training from management is much better.

5.) HB 1686 – Relating to the regulation of food production on single-family residential lots by a municipality or property owners’ association.

This proposed bill seeks to strength the food freedom rights of persons on a single-family residential lot. If passed, a municipality or a property owners’ association may not prohibit the following activities on a single-family residential lot:

• Growing fruits and veggies
• The keeping or raising of domestic fowl, rabbits, or beehives
• A cottage food production operation

TexasPHS Hot Take: All good. Common sense regulation.

6.) HB 928 – Relating to the marketing and sale of catfish and similar fish by food service establishments.

This proposed bill defines what a catfish is and provides administrative penalties to restaurants and other food service establishments that lie about selling catfish.

TexasPHS Hot Take: Restaurants should be penalized for marketing the sale of catfish when the establishment is really selling swai. That’s low.