TITLE: Relating to the prohibited resale of infant formula purchased at retail; providing a civil penalty.

SUMMARY: Relating to the prohibited resale of infant formula purchased at retail; providing a civil penalty.

FULL TEXT:
AN ACT relating to the prohibited resale of infant formula purchased at retail; providing a civil penalty. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subtitle A, Title 6, Health and Safety Code, is amended by adding Chapter 444 to read as follows: CHAPTER 444. RESALE OF INFANT FORMULA PURCHASED AT RETAIL Sec. 444.001. DEFINITION. In this chapter, "infant formula" has the meaning assigned by Section 431.002. Sec. 444.002. PROHIBITION ON RESELLING INFANT FORMULA PURCHASED AT RETAIL. A person who purchases infant formula at retail, including at a retail establishment or from an online retail seller, may not resell the infant formula for profit. Sec. 444.003. CIVIL PENALTY. (a) At the request of the department, the attorney general or a district, county, or municipal attorney shall institute an action in district court to collect a civil penalty for a violation of Section 444.002. (b) The civil penalty may not exceed: (1) $5,000 for the first violation; and (2) $10,000 for each subsequent violation. (c) The attorney general or district, county, or municipal attorney may recover reasonable attorney's fees and expenses and court costs incurred in recovering a civil penalty under this section. SECTION 2. The change in law made by this Act applies only to a cause of action that accrues on or after the effective date of this Act. SECTION 3. This Act takes effect September 1, 2023.