“Licensing helps DSHS know where the establishments are. If we don’t license facilities, then we don’t know where to look when something goes wrong.”
addressed food safety regulations at farmers’ markets and in cottage food op- erations. (See “New Regulations Affect Farmers’ Markets, Cottage Foods,” page 28.) Texas Medical Association physician leaders testified on food safety legisla- tion as it evolved throughout the session. Senator Nelson says physician input on food safety during the session was in- valuable. (See “Medicine Opposes Raw Milk Sales Expansion,” opposite page.) “Physicians are often the very first point of contact for those who have been inflicted with food-borne illnesses. We need their input on how Texas can best respond to outbreaks,” she said. Dr. Lakey adds, “Physicians are a very important link for us to find and elimi- nate food-borne illnesses before an out- break grows.”
have the authority to license produce- only distributors. “Once we were able to find some of these distributors and meet with them, we found many that didn’t know safe food-handling practices,” Dr. Lakey said. During their four-month investiga-
tion, public health officials in Texas and other states probed clusters of sick people who had eaten at the same res- taurants. The Food and Drug Administra- tion (FDA) traced jalapeño peppers back to distributors in the United States that received produce grown and packed in Mexico. McAllen produce importer and distributor Agricola Zaragoza voluntarily recalled jalapeño peppers in July 2008 with the oversight of the FDA. But now, legislation that passed dur- ing this year’s legislative session will help DSHS identify the source of food- borne illness out- breaks, Dr. Lakey says. Senate Bill 81 by Senator Jane Nelson (R-Flower Mound), chair of the Senate Commit- tee on Health and Human Services,
David Lakey, MD 26 TEXAS MEDICINE November 2011
increases the number of food wholesal- ers and warehouse operators that must obtain licenses from DSHS.
“Licensing helps DSHS know where the establishments are. If we don’t li- cense facilities, then we don’t know where to look when something goes wrong,” Dr. Lakey said. Starting Sept. 1, 2012, distributors of
fresh fruits and vegetables must have a DSHS license. The Texas Health and Hu- man Services Commission (HHSC) will release licensing rules in the summer of 2012. The remainder of the statute took effect Sept. 1, 2011. To view SB 81, visit
www.legis.state.tx.us/BillLookup/Ac tions.aspx?LegSess=82R&Bill=SB81. Senator Nelson says DSHS’s inabil- ity to license produce-only distributors “made it impossible for state and local health officials to track food-borne ill- ness outbreaks to any of these compa- nies and also meant that there was no way to reach these companies with edu- cation and best practices on safe food handling.”
She says requiring them to be li- censed will allow public health officials to “respond more quickly and more ef- ficiently to better protect the public.” SB 81 combines several bills that also
New law steps up licensing The new regulations in SB 81 should improve DSHS’s ability to improve food safety.
DSHS enforcement activities include follow-up inspections at establishments that have problems, sending warning letters, holding management meetings with the firms, and providing technical assistance. When a food-borne illness outbreak involves a Texas manufacturer, whole- saler, or warehouse, DSHS can recall contaminated products, close establish- ments temporarily until they can ensure their food is safe or close them perma- nently, and levy fines. The Texas Health and Safety Code re- quires the department to consider:
• Any previous violations, • The seriousness of the violation, • Any hazard to the health and safety of the public,
• The entity’s demonstrated good faith, and
• Other related issues that may arise.
DSHS can levy administrative penal- ties up to $25,000 per day per violation. According to Dr. Lakey, the agency nor- mally doesn’t assess maximum penalties. It typically negotiates administrative penalties with establishments during
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56