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Texas Legislature· SB 823Effective on 9/1/25

Relating to labeling and representation of imported shrimp; authorizing an administrative penalty, the official text

Shown verbatim: the complete text as captured from the official page posted by the Texas Legislature, fetched 2026-08-29. Where this bill amends existing law, language marked for deletion in the official page appears here in brackets. This is the enrolled version. The official bill page.
S.B. No. 823

AN ACT

relating to labeling and representation of imported shrimp;

authorizing an administrative penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter F, Chapter 436, Health and Safety

Code, is amended by adding Section 436.083 to read as follows:

Sec. 436.083. LABELING OF SHRIMP. (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 food service supplier, wholesaler, distributor, or

wholesale distributor may not sell shrimp in this state unless the

shrimp's label includes a clear and conspicuous notice stating

whether the shrimp is imported.

(c) A restaurant shall not label or represent imported

shrimp as "Texas shrimp," "American shrimp," "Domestic shrimp," or

"Gulf shrimp."

(d) The department, a public health district, a county, or a

municipality that under Chapter 431 or 437 requires a restaurant,

food service supplier, wholesaler, distributor, or wholesale

distributor to hold a license or permit to operate in this state may

impose an administrative penalty against the license or permit

holder 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 section that the license or

permit holder believed in good faith the shrimp was not imported.

(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. As soon as practicable after the effective date

of this Act, the executive commissioner of the Health and Human

Services Commission shall adopt rules necessary to implement

Section 436.083, Health and Safety Code, as added by this Act.

SECTION 3. This Act takes effect September 1, 2025.

______________________________
______________________________

President of the Senate
Speaker of the House

I hereby certify that S.B. No. 823 passed the Senate on

May 23, 2025, by the following vote: Yeas 28, Nays 3.

______________________________

Secretary of the Senate

I hereby certify that S.B. No. 823 passed the House on

May 28, 2025, by the following vote: Yeas 128, Nays 13, two

present not voting.

______________________________

Chief Clerk of the House

Approved:

______________________________

Date

______________________________

Governor
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