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.
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