Read the full stored bill text
HB444 ENGROSSED
Page 0
HB444
QNE2Q51-2
By Representative Brown
RFD: Health
First Read: 12-Feb-26
1
2
3
4
5
HB444 Engrossed
Page 1
First Read: 12-Feb-26
A BILL
TO BE ENTITLED
AN ACT
Relating to seafood products; to amend Sections
22-20A-3, 22-20A-5, 22-20A-7, and 22-20A-8, Code of Alabama
1975, to authorize the Commissioner of Agriculture and
Industries to test seafood to ensure compliance with country
of origin labeling requirements; to revise the permitted
methods by which certain food service establishments may
notify consumers of country of origin; to further provide for
food service establishments that violate these requirements;
and to make nonsubstantive, technical revisions to update the
existing code language to current style.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 22-20A-3, 22-20A-5, 22-20A-7, and
22-20A-8, Code of Alabama 1975, are amended to read as
follows:
"§22-20A-3
(a) Any individual or entity who person that supplies a
covered commodity to a food service establishment shall
provide the country of origin of the covered commodity to the
food service establishment.
(b)(1) A food service establishment, including an
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
HB444 Engrossed
Page 2
(b)(1) A food service establishment, including an
in-store deli, selling or providing that sells or provides a
covered commodity that originated outside of the United States
for primarily off-premises preparation shall provide the
country of origin of the covered commodity, or denote that the
covered commodity is imported into the United States , in.
(2) The country of origin of a covered commodity, or
the fact that a covered commodity is imported into the United
States, shall be provided using letters no smaller than the
same size , and in the same font, and shade as the covered
commodity being offered is listed, by means of a label, stamp,
mark, placard, or other visible sign on the package, display,
holding unit, or bin containing the covered commodity at the
final point of sale or by posting a sign stating such that
measures not less than eight and one half one-half inches wide
by 11 inches tall and is placed not less than 36 inches from
the floor located in a conspicuous location where the covered
commodity is held for offer using English letters not less
than one inch in size.
(c)(1) A food service establishment that primarily
prepares a covered commodity that originated outside of the
United States on-premises, which it sells or provides using a
menu as a standard business practice, shall display on all
menus the country of origin of the covered commodity, or
denote that the covered commodity is imported into the United
States , in letters no smaller than the same size , and in the
same font, and shade as the covered commodity being offered is
listed, immediately adjacent to the menu listing of the
covered commodity being offered. In lieu of this requirement,
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
HB444 Engrossed
Page 3
covered commodity being offered. In lieu of this requirement,
the notice may be paper-clipped to the menu, with the same
location, size, font, and shade restrictions requirements that
are required when the notice is listed directly on the menu or
may be posted as a sign stating such that measures not less
than eight and one half inches wide by 11 inches tall and is
placed not less than 36 inches from the floor located in a
conspicuous location where the covered commodity is held for
offer using English letters not less than one inch in size .
(2) A food service establishment that primarily
prepares a covered commodity that originated outside of the
United States on-premises and that does not use a menu as a
standard business practice shall display on a sign posted at
the main entrance to the establishment stating that certain
covered commodities, as applicable, being offered by the
establishment are imported into the United States . Each sign
shall be not less than eight and one half one-half inches wide
by 11 inches tall and shall be written in the English language
in letters not less than one inch in size. The Each sign shall
be placed in an open area and at the main entrance to the
establishment in a conspicuous position not less than 36
inches from the floor so that it the sign is immediately
visible to all patrons consumers upon entering the
establishment .
(d)(1) A food service establishment offering
farm-raised fish or wild fish shall differentiate between
farm-raised fish and wild fish by stating such in the same
manner as is required by subsection (b) or (c) , as applicable .
(2) The terms " farmed-raised farm-raised fish" and
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
HB444 Engrossed
Page 4
(2) The terms " farmed-raised farm-raised fish" and
"wild fish" as used in this subsection mean fish and shrimp
only. The terms do not include crab crabs , lobster lobsters ,
oyster oysters , crayfish, clam clams , or scallops.
(e) The State Health Officer, upon verified complaint
and in compliance with all applicable state and federal laws,
shall investigate all reports of noncompliance with this
section. Upon receipt of the verified complaint, a copy of the
complaint shall be given to the retail food establishment or
food service establishment. "
"§22-20A-5
The board shall promulgate adopt rules as may be
necessary for the enforcement of to enforce this article , such
rules to be promulgated according to in accordance with the
Alabama Administrative Procedure Act."
"§22-20A-7
(a) The State Health Officer, or his or her designee,
shall regularly inspect all food service establishments
required to denote, post, or otherwise provide information
pursuant to this article to ensure compliance with this
article.
(b) The State Health Officer, or his or her designee,
upon receiving a verified complaint and in compliance with all
applicable state and federal laws, shall investigate all
reports of noncompliance with this article. Upon receiving a
verified complaint, a copy of the complaint shall be given to
the food service establishment that is the subject of the
complaint.
(c) The Commissioner of Agriculture and Industries, or
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
HB444 Engrossed
Page 5
(c) The Commissioner of Agriculture and Industries, or
his or her designee, may test any covered commodity for which
information is required to be provided pursuant to this
article to ensure compliance with this article and that the
correct information is provided. The commissioner shall report
any violations of this article to the State Health Officer for
inclusion on the list of all food service establishments that
violate this article required by Section 22-20A-8.
(d) The State Health Officer may apply for and the
circuit court of the county in which a violation of this
article or rule adopted pursuant to this article occurs may
grant a temporary restraining order or permanent injunction
restraining any person from violating or continuing to violate
any of the provisions of this article or any rule promulgated
under adopted pursuant to this article, notwithstanding the
existence of other remedies at law. The injunction shall be
issued without bond in the county where the violation
occurred."
"§22-20A-8
(a) Any food service establishment that violates this
article or the rules any rule adopted thereunder pursuant to
this article , after notice and a hearing, shall be subject to
civil penalties. The State Health Officer shall impose these
penalties on a graduated scale in accordance with the
following schedule for all violations within a 24-month
period:
(1) For a first offense, a written warning.
(2) For a second offense, a fine of one hundred dollars
($100).
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
HB444 Engrossed
Page 6
($100).
(3) For a third offense, a fine of two hundred fifty
dollars ($250).
(4) For a fourth offense, a fine of five hundred
dollars ($500).
(5) For a fifth and any subsequent offense, a fine of
one thousand dollars ($1,000).
(b) Any food service establishment that unknowingly
violates this article due to a good faith reliance upon the
establishment's supplier's attestation of the covered
commodity's country of origin shall be held harmless against
penalties for a violation of this article.
(c) A food service establishment may appeal any penalty
assessed pursuant to this section in accordance with the
Alabama Administrative Procedure Act. Judicial review of a
final action of the department shall be pursuant to Section
41-22-20.
(d) All fines and other monies collected pursuant to
this section shall be distributed to the department and used
to implement, enforce, and administer this article.
(e) The State Health Officer or Attorney General may
file an action to collect any unpaid penalty levied pursuant
to this section in a court of competent jurisdiction. The
defendant establishment shall be liable for all costs
associated with the collection of any unpaid penalty.
(f) The Alabama Department of Public Health shall
publish on the department's website, not less than quarterly,
the names and addresses of all food service establishments
that violate this article.
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
HB444 Engrossed
Page 7
that violate this article.
(g) A score or grade issued or assigned pursuant to
Section 22-20-5 to any food service establishment that
violates this article shall be reduced by five points for the
time period of the score or grade. "
Section 2. This act shall become effective on October
1, 2026.
169
170
171
172
173
174
HB444 Engrossed
Page 8
1, 2026.
House of Representatives
Read for the first time and referred
to the House of Representatives
committee on Health
................12-Feb-26
Read for the second time and placed
on the calendar:
1 amendment
................19-Feb-26
Read for the third time and passed
as amended
Yeas 99
Nays 1
Abstains 0
................19-Mar-26
John Treadwell
Clerk
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195