1-1 By: Danburg (Senate Sponsor - Bivins) H.B. No. 2446
1-2 (In the Senate - Received from the House May 10, 1993;
1-3 May 11, 1993, read first time and referred to Committee on Natural
1-4 Resources; May 14, 1993, reported favorably by the following vote:
1-5 Yeas 7, Nays 0; May 14, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Sims x
1-9 Truan x
1-10 Armbrister x
1-11 Barrientos x
1-12 Bivins x
1-13 Brown x
1-14 Carriker x
1-15 Lucio x
1-16 Montford x
1-17 Ratliff x
1-18 Shelley x
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to the establishment of an organic standards and
1-22 certification program; providing penalties.
1-23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-24 SECTION 1. Title 2, Agriculture Code, is amended by adding
1-25 Chapter 18 to read as follows:
1-26 CHAPTER 18. ORGANIC STANDARDS AND CERTIFICATION
1-27 Sec. 18.001. DEFINITIONS. In this chapter:
1-28 (1) "Distributor" means a person engaged in the
1-29 business of selling food or fiber for resale, including a
1-30 wholesaler, broker, packer, repacker, shipper, or shipping agent.
1-31 (2) "Logo" means the department's copyrighted "Texas
1-32 Department of Agriculture Certified Organic" or "Texas Department
1-33 of Agriculture Organic Certification Pending--Transitional"
1-34 logotype.
1-35 (3) "Organic certifying agent" means a private organic
1-36 certification organization accredited under this chapter.
1-37 (4) "Organic farming" means a system of ecological
1-38 soil management that relies on building humus levels through crop
1-39 rotations, recycling organic wastes, and applying balanced mineral
1-40 amendments and that uses, when necessary, mechanical, botanical, or
1-41 biological controls with minimum adverse effects on health and
1-42 environment.
1-43 (5) "Organic food" includes only food that is produced
1-44 under a system of organic farming and processed, packaged,
1-45 transported, and stored to retain maximum nutritional value without
1-46 the use of artificial preservatives, coloring or other additives,
1-47 ionizing radiation, or synthetic pesticides.
1-48 (6) "Organic fiber" includes only fiber that is
1-49 produced under a system of organic farming and processed, packaged,
1-50 transported, and stored to maintain segregation and prevention of
1-51 contamination from other fiber or synthetic pesticides, prohibited
1-52 defoliants, or desiccants.
1-53 (7) "Processor" means a person who is engaged in the
1-54 business of manufacturing raw agricultural commodities into food,
1-55 feed, or fiber products.
1-56 (8) "Producer" means a person who is engaged in the
1-57 business of growing or producing food, feed, or fiber.
1-58 (9) "Retailer" means a person, other than a restaurant
1-59 operator, who is engaged in the business of selling food at retail,
1-60 other than at a restaurant, to its ultimate consumer.
1-61 Sec. 18.002. RULES. The department may adopt rules
1-62 necessary for the enforcement and administration of this chapter.
1-63 Sec. 18.003. ORGANIC CERTIFICATION. (a) The department
1-64 shall certify producers, processors, distributors, and retailers of
1-65 organic food and fiber in this state. The department by rule shall
1-66 adopt minimum standards for certification under this chapter.
1-67 (b) A person may apply for an organic certification, or a
1-68 renewal of an organic certification, by submitting an application
2-1 and a nonrefundable annual fee prescribed by the department.
2-2 (c) An organic certification expires on August 31 of each
2-3 year. A person who fails to submit a renewal fee on or before the
2-4 expiration date of the certification must pay, in addition to the
2-5 renewal fee, the late fee provided by Section 12.024 of this code.
2-6 (d) A person who is certified under this chapter may use
2-7 department logos as provided by department rule.
2-8 Sec. 18.004. ORGANIC CERTIFYING AGENT ACCREDITATION PROGRAM.
2-9 (a) The department by rule may accredit a person as an organic
2-10 certifying agent. On receipt of a certificate of accreditation
2-11 under this section, an organic certifying agent may certify for the
2-12 department a producer, processor, distributor, or retailer of
2-13 organic food or fiber under this chapter.
2-14 (b) A person may apply for a certificate of accreditation,
2-15 or a renewal of a certificate of accreditation, by submitting an
2-16 application and a nonrefundable annual fee prescribed by the
2-17 department.
2-18 (c) The department may issue a certificate of accreditation
2-19 under this section only if it determines that the applicant's
2-20 certification standards are equivalent to department certification
2-21 standards.
2-22 (d) A certificate of accreditation expires on the first
2-23 anniversary of the date of issuance. A person who fails to submit
2-24 a renewal fee on or before the expiration date of the certificate
2-25 of accreditation must pay, in addition to the renewal fee, the late
2-26 fee provided by Section 12.024 of this code.
2-27 (e) An organic certifying agent may not:
2-28 (1) provide an organic certification for a person with
2-29 whom the organic certifying agent, or an employee of the organic
2-30 certifying agent, has, or has had, a commercial relationship,
2-31 including providing consulting services;
2-32 (2) accept payment, gifts, or other favors of any kind
2-33 from a person seeking certification, other than fees permitted by
2-34 this chapter; or
2-35 (3) charge a fee other than a fee prescribed by this
2-36 chapter for providing advice about organic practices or techniques.
2-37 Sec. 18.005. USE OF TERM "ORGANIC." A person may not label,
2-38 market, advertise, or represent as "organic" any food or fiber that
2-39 is sold, kept, offered, or exposed for sale, unless that person is:
2-40 (1) certified directly by the department under Section
2-41 18.003 of this code; or
2-42 (2) certified by an organic certifying agent under
2-43 Section 18.004 of this code.
2-44 Sec. 18.006. FEES. (a) The department may charge an annual
2-45 fee not to exceed $2,500 for each applicant certified as a
2-46 producer, distributor, or retailer and a fee not to exceed $5,000
2-47 for each applicant certified as a processor of organic food or
2-48 fiber produced in this state.
2-49 (b) The department may charge an annual fee not to exceed
2-50 $2,500 for each applicant certified as a distributor or retailer
2-51 and a fee not to exceed $5,000 for each applicant certified as a
2-52 processor of organic food or fiber produced outside of this state.
2-53 (c) The department may charge an annual fee not to exceed
2-54 $2,500 for a person who obtains a certificate of accreditation as
2-55 an organic certifying agent.
2-56 (d) The department shall set fees under this chapter in
2-57 amounts that enable it to recover the costs of administering this
2-58 chapter.
2-59 Sec. 18.007. DENIAL, SUSPENSION, OR REVOCATION OF ORGANIC
2-60 CERTIFICATION OR ORGANIC CERTIFYING AGENT ACCREDITATION. The
2-61 department may deny, suspend, or revoke a certification of a
2-62 producer, processor, distributor, or retailer or a certificate of
2-63 accreditation issued to an organic certifying agent under this
2-64 chapter if the person to whom the certification or accreditation
2-65 was issued:
2-66 (1) makes a false representation material to a matter
2-67 governed by this chapter; or
2-68 (2) violates or refuses to comply with this chapter or
2-69 a rule or instruction of the department under this chapter.
2-70 Sec. 18.008. PENALTY. (a) A person commits an offense if
3-1 the person knowingly:
3-2 (1) violates this chapter; or
3-3 (2) fails to comply with a notice, order, or rule of
3-4 the department under this chapter.
3-5 (b) An offense under this section is a Class C misdemeanor.
3-6 Sec. 18.009. CIVIL PENALTY; INJUNCTION. (a) A person who
3-7 violates this chapter or a rule adopted under this chapter is
3-8 liable to the state for a civil penalty not to exceed $500 for each
3-9 violation. Each day a violation continues is a separate violation
3-10 for purposes of a civil penalty assessment.
3-11 (b) On request of the department, the attorney general or
3-12 the county attorney or district attorney of the county in which the
3-13 violation is alleged to have occurred shall file suit to collect
3-14 the penalty.
3-15 (c) A civil penalty collected under this section shall be
3-16 deposited in the general revenue fund. All civil penalties
3-17 recovered in suits instituted by a county or district attorney
3-18 under this section shall be divided between the state and the
3-19 county in which the county or district attorney brought suit, with
3-20 50 percent of the recovery to be paid to the general revenue fund
3-21 and 50 percent to the county.
3-22 (d) The department is entitled to appropriate injunctive
3-23 relief to prevent or abate a violation of this chapter or a rule
3-24 adopted under this chapter. On request of the department, the
3-25 attorney general or the county or district attorney of the county
3-26 in which the alleged violation is threatened or occurring shall
3-27 file suit for the injunctive relief. Venue is in the county in
3-28 which the alleged violation is threatened or is occurring.
3-29 (e) This section is applicable only if the department
3-30 chooses to use civil remedy as opposed to criminal penalty under
3-31 Section 18.008.
3-32 Sec. 18.010. STOP-SALE ORDER. (a) If food or fiber is
3-33 being sold in violation of this chapter or a rule adopted under
3-34 this chapter, the department may issue a written order to stop the
3-35 sale of that item of food or fiber by a person in control of the
3-36 item. The person named in the order may not sell the item until:
3-37 (1) permitted by a court under Subsection (b) of this
3-38 section; or
3-39 (2) the department determines that the sale of the
3-40 item is in compliance with this chapter and rules adopted under
3-41 this chapter.
3-42 (b) The person named in the order may bring suit in a court
3-43 in the county where the item is located. After a hearing, the
3-44 court may permit the item to be sold if the court finds the item is
3-45 not being sold in violation of this chapter or a department rule
3-46 issued under this chapter.
3-47 (c) This section does not limit the department's right to
3-48 act under another section of this chapter.
3-49 SECTION 2. Section 12.0175, Agriculture Code, is amended to
3-50 read as follows:
3-51 Sec. 12.0175. GROWN IN TEXAS PROGRAM<; NATURAL, LEAN, OR
3-52 ORGANIC CERTIFICATION>. <(a)> If the department establishes a
3-53 program to promote products grown in the state or products made
3-54 from ingredients grown in the state, the department may charge a
3-55 membership fee not to exceed $50, as provided by department rule,
3-56 for each producer that participates in the program. The fee shall
3-57 be designed to recover the costs of promotion.
3-58 <(b) If the department establishes an organic certification
3-59 program, the department may charge, as provided by department rule,
3-60 an annual fee not to exceed $500 for each participant certified by
3-61 the department as a processor and a fee not to exceed $150 for each
3-62 participant certified by the department as a producer, distributor,
3-63 or retailer. The fee shall be designed to recover the costs of
3-64 inspection for purposes of certification.>
3-65 SECTION 3. Section 12.024(a), Agriculture Code, is amended
3-66 to read as follows:
3-67 (a) This section is applicable only to a renewal fee under
3-68 Section 14.005, 18.003, 18.004, 71.043, 71.057, 75.004, 76.044,
3-69 76.073, 76.113, or 132.025 of this code.
3-70 SECTION 4. The importance of this legislation and the
4-1 crowded condition of the calendars in both houses create an
4-2 emergency and an imperative public necessity that the
4-3 constitutional rule requiring bills to be read on three several
4-4 days in each house be suspended, and this rule is hereby suspended,
4-5 and that this Act take effect and be in force from and after its
4-6 passage, and it is so enacted.
4-7 * * * * *
4-8 Austin,
4-9 Texas
4-10 May 14, 1993
4-11 Hon. Bob Bullock
4-12 President of the Senate
4-13 Sir:
4-14 We, your Committee on Natural Resources to which was referred H.B.
4-15 No. 2446, have had the same under consideration, and I am
4-16 instructed to report it back to the Senate with the recommendation
4-17 that it do pass and be printed.
4-18 Sims,
4-19 Chairman
4-20 * * * * *
4-21 WITNESSES
4-22 FOR AGAINST ON
4-23 ___________________________________________________________________
4-24 Name: Brent Wren Wiseman x
4-25 Representing: Tx Department of Agriculture
4-26 City: Austin
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