Texas Mandates Education for Employees on Food Allergy Awareness in Restaurants, Retailers, and Food Service Establishments

"Starting from September 1, 2024, in accordance with Senate Bill 812, also known as the Sergio Lopez Food Allergy Awareness Act, all food service establishments in Texas will be required to visibly display a poster aimed at educating their employees about food allergies.

Over the past two decades, the number of Americans living with food allergies has increased by approximately 50 percent. With growing concerns surrounding food allergies, Texas similar to other states such as Illinois and Massachuttes has taken the initiative to mandate that food establishments provide education and training to their staff regarding food allergies and the potentially severe and life-threatening consequences they can entail. The Act is named after Sergio Lopez, who tragically lost his life after consuming a taco that employees had assured him did not contain peanuts.

Who Must Comply?

This requirement applies to a wide range of food service establishments, as defined by the Texas Administrative Code. Food service establishments encompass various entities, including but not limited to:

• Restaurants
• Retail food stores
• Cafeterias
• Caterers
• Operations such as transport vehicles or central preparation facilities that supply vending or satellite feeding locations
• Mobile, stationary, temporary, or permanent facilities or locations where food is consumed on or off the premises, regardless of whether a fee is charged for the food.

Steps to Achieve Compliance

The Act stipulates that food service establishments must conspicuously display a poster on food allergen awareness in an area that is routinely accessible to their employees. This poster must convey essential information, including:

• The risk of allergic reactions to food allergens
• Symptoms of an allergic reaction
• The major food allergens (currently recognized as milk, soybeans, fish, peanuts, shellfish, sesame, eggs, wheat, and tree nuts)
• Protocols for preventing allergic reactions
• Correct responses for assisting individuals experiencing allergic reactions.

The Act mandates that the Texas Department of Health and Human Services (DSHS) collaborate with food allergy experts to periodically update the poster's format and content to align with FDA standards. Furthermore, the Act requires that basic food safety education or training programs incorporate food allergen awareness information. The content covered by the Act will also be included in state-issued examinations for obtaining or renewing a food manager certificate.

Compliance Deadline

Food service establishments are required to display the poster by September 1, 2024. DSHS will make a sample poster available on its website no later than December 1, 2023, to assist establishments in meeting this requirement.

Additional Information

It's essential to note that the Act does not alter any existing common law or statutory duties, nor does it establish a basis for private legal actions. Additionally, the Act prohibits any county, city, or public health district from adopting or enforcing measures related to food allergens that are inconsistent or more stringent than those outlined in the Act."