TITLE: Relating to labeling and representation of imported shrimp by restaurants.

SUMMARY: Relating to labeling and representation of imported shrimp by restaurants.

FULL TEXT:
AN ACT relating to labeling and representation of imported shrimp by restaurants. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 437, Health and Safety Code, is amended by adding Section 437.029 to read as follows: Sec. 437.029. IMPORTED SHRIMP LABELING AND REPRESENTATION. (a) For purposes of this section, a shrimp is considered to be imported if the shrimp does not satisfy the United States country of origin requirements for wild or farm-raised shellfish established by 7 C.F.R. Section 60.128, or successor regulations. (b) A restaurant shall not label or represent imported shrimp as "Texas shrimp," "American shrimp," "Domestic shrimp," or "Gulf shrimp." (c) A restaurant shall not label or represent farm-raised shrimp as "wild-caught shrimp." (d) The department, a public health district, a county, or a municipality that under Chapter 431 or 437 requires a restaurant to hold a license or permit to operate in this state shall impose an administrative penalty against the restaurant for a violation of this section or a rule adopted under this section. (e) It is an affirmative defense to the imposition of an administrative penalty under this chapter for a violation of this section that the restaurant believed in good faith the shrimp was not imported or farm raised. (f) This section does not create a private cause of action or change any common law or statutory duty. (g) This section does not apply to foods served or prepared in similar retail food establishments, such as grocery stores or other food enterprises located within grocery stores, or properly labeled shrimp packaged by itself or as an ingredient in another packaged food product that is sold packaged. SECTION 2. Notwithstanding Section 437.029, Health and Safety Code, as added by this Act, a restaurant is not required to comply with that section before March 1, 2026. SECTION 3. This Act takes effect September 1, 2025.