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A BILL TO BE ENTITLED
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AN ACT
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relating to egg grading. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 132.002, Agriculture Code, is amended to |
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read as follows: |
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Sec. 132.002. SALE OF UNGRADED EGGS BY PRODUCER [LIMITATION |
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OF CHAPTER]. (a) Except as provided by Subsection (b), this [This] |
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chapter does not apply to a person selling only eggs that are |
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produced by the person's own flock and for which the person does not |
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claim a grade. |
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(b) A person who produces eggs as described by Subsection |
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(a) may sell the eggs directly to a consumer or at wholesale if the |
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eggs are sold in a carton labeled with "ungraded" followed by |
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"produced by (producer's name)" and the producer's address. The |
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label information must be legible, must appear on the top panel of |
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the carton, and may be preprinted on the carton, printed on a label |
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attached to the carton, or hand printed on the carton. The carton |
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may not display the name of a retailer or of a producer other than |
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the producer whose flock produced the eggs. |
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(c) A state agency or political subdivision may not prohibit |
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a person described by Section 132.021(b) from purchasing, |
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reselling, or using eggs described by Subsection (b). |
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SECTION 2. Section 132.043(c), Agriculture Code, is amended |
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to read as follows: |
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(c) Licensees required by this section to collect or pay a |
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special fee shall remit the fee [monthly] in accordance with rules |
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established by the department. The rules may not require a licensee |
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to remit the fee more often than: |
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(1) monthly; or |
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(2) annually, if the licensee is required to remit |
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less than $360 for the year. |
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SECTION 3. Not later than December 1, 2021, the Department |
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of Agriculture shall adopt rules consistent with Section |
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132.043(c), Agriculture Code, as amended by this Act. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |