1-1 By: Bivins, Lucio S.B. No. 1291
1-2 (In the Senate - Filed March 18, 1993; March 22, 1993, read
1-3 first time and referred to Committee on Natural Resources;
1-4 April 27, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 8, Nays 0; April 27, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Sims x
1-10 Truan x
1-11 Armbrister x
1-12 Barrientos x
1-13 Bivins x
1-14 Brown x
1-15 Carriker x
1-16 Lucio x
1-17 Montford x
1-18 Ratliff x
1-19 Shelley x
1-20 COMMITTEE SUBSTITUTE FOR S.B. No. 1291 By: Bivins
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to the establishment of an organic standards and
1-24 certification program; providing penalties.
1-25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-26 SECTION 1. Title 2, Agriculture Code, is amended by adding
1-27 Chapter 18 to read as follows:
1-28 CHAPTER 18. ORGANIC STANDARDS AND CERTIFICATION
1-29 Sec. 18.001. DEFINITIONS. In this chapter:
1-30 (1) "Distributor" means a person engaged in the
1-31 business of selling food or fiber for resale, including a
1-32 wholesaler, broker, packer, repacker, shipper, or shipping agent.
1-33 (2) "Logo" means the department's copyrighted "Texas
1-34 Department of Agriculture Certified Organic" or "Texas Department
1-35 of Agriculture Organic Certification Pending--Transitional"
1-36 logotype.
1-37 (3) "Organic certifying agent" means a private organic
1-38 certification organization accredited under this chapter.
1-39 (4) "Organic farming" means a system of ecological
1-40 soil management that relies on building humus levels through crop
1-41 rotations, recycling organic wastes, and applying balanced mineral
1-42 amendments and that uses, when necessary, mechanical, botanical, or
1-43 biological controls with minimum adverse effects on health and
1-44 environment.
1-45 (5) "Organic food" includes only food that is produced
1-46 under a system of organic farming and processed, packaged,
1-47 transported, and stored to retain maximum nutritional value without
1-48 the use of artificial preservatives, coloring or other additives,
1-49 ionizing radiation, or synthetic pesticides.
1-50 (6) "Organic fiber" includes only fiber that is
1-51 produced under a system of organic farming and processed, packaged,
1-52 transported, and stored to maintain segregation and prevention of
1-53 contamination from other fiber or synthetic pesticides, prohibited
1-54 defoliants, or desiccants.
1-55 (7) "Processor" means a person who is engaged in the
1-56 business of manufacturing raw agricultural commodities into food,
1-57 feed, or fiber products.
1-58 (8) "Producer" means a person who is engaged in the
1-59 business of growing or producing food, feed, or fiber.
1-60 (9) "Retailer" means a person, other than a restaurant
1-61 operator, who is engaged in the business of selling food at retail,
1-62 other than at a restaurant, to its ultimate consumer.
1-63 Sec. 18.002. RULES. The department may adopt rules
1-64 necessary for the enforcement and administration of this chapter.
1-65 Sec. 18.003. ORGANIC CERTIFICATION. (a) The department
1-66 shall certify producers, processors, distributors, and retailers of
1-67 organic food and fiber in this state. The department by rule shall
1-68 adopt minimum standards for certification under this chapter.
2-1 (b) A person may apply for an organic certification or a
2-2 renewal of an organic certification by submitting an application
2-3 and a nonrefundable annual fee prescribed by the department.
2-4 (c) An organic certification expires on August 31 of each
2-5 year. A person who fails to submit a renewal fee on or before the
2-6 expiration date of the certification must pay, in addition to the
2-7 renewal fee, the late fee provided by Section 12.024 of this code.
2-8 (d) A person who is certified under this chapter may use
2-9 department logos as provided by department rule.
2-10 Sec. 18.004. ORGANIC CERTIFYING AGENT ACCREDITATION PROGRAM.
2-11 (a) The department by rule may accredit a person as an organic
2-12 certifying agent. On receipt of a certificate of accreditation
2-13 under this section, an organic certifying agent may certify for the
2-14 department a producer, processor, distributor, or retailer of
2-15 organic food or fiber under this chapter.
2-16 (b) A person may apply for a certificate of accreditation or
2-17 a renewal of a certificate of accreditation by submitting an
2-18 application and a nonrefundable annual fee prescribed by the
2-19 department.
2-20 (c) The department may issue a certificate of accreditation
2-21 under this section only if it determines that the applicant's
2-22 certification standards are equivalent to department certification
2-23 standards.
2-24 (d) A certificate of accreditation expires on the first
2-25 anniversary of the date of issuance. A person who fails to submit
2-26 a renewal fee on or before the expiration date of the certificate
2-27 of accreditation must pay, in addition to the renewal fee, the late
2-28 fee provided by Section 12.024 of this code.
2-29 (e) An organic certifying agent may not:
2-30 (1) provide an organic certification for a person with
2-31 whom the organic certifying agent or an employee of the organic
2-32 certifying agent has or has had a commercial relationship,
2-33 including providing consulting services;
2-34 (2) accept payment, gifts, or other favors of any kind
2-35 from a person seeking certification, other than fees permitted by
2-36 this chapter; or
2-37 (3) charge a fee other than a fee prescribed by this
2-38 chapter for providing advice about organic practices or techniques.
2-39 Sec. 18.005. USE OF TERM "ORGANIC." A person may not label,
2-40 market, advertise, or represent as "organic" any food or fiber that
2-41 is sold, kept, offered, or exposed for sale unless that person is:
2-42 (1) certified directly by the department under Section
2-43 18.003 of this code; or
2-44 (2) certified by an organic certifying agent under
2-45 Section 18.004 of this code.
2-46 Sec. 18.006. FEES. (a) The department may charge an annual
2-47 fee not to exceed $2,500 for each applicant certified as a
2-48 producer, distributor, or retailer and a fee not to exceed $5,000
2-49 for each applicant certified as a processor of organic food or
2-50 fiber produced in this state.
2-51 (b) The department may charge an annual fee not to exceed
2-52 $2,500 for each applicant certified as a distributor or retailer
2-53 and a fee not to exceed $5,000 for each applicant certified as a
2-54 processor of organic food or fiber produced outside of this state.
2-55 (c) The department may charge an annual fee not to exceed
2-56 $2,500 for a person who obtains a certificate of accreditation as
2-57 an organic certifying agent.
2-58 (d) The department shall set fees under this chapter in
2-59 amounts that enable it to recover the costs of administering this
2-60 chapter.
2-61 Sec. 18.007. DENIAL, SUSPENSION, OR REVOCATION OF ORGANIC
2-62 CERTIFICATION OR ORGANIC CERTIFYING AGENT ACCREDITATION. The
2-63 department may deny, suspend, or revoke a certification of a
2-64 producer, processor, distributor, or retailer or a certificate of
2-65 accreditation issued to an organic certifying agent under this
2-66 chapter if the person to whom the certification or accreditation
2-67 was issued:
2-68 (1) makes a false representation material to a matter
2-69 governed by this chapter; or
2-70 (2) violates or refuses to comply with this chapter or
3-1 a rule or instruction of the department under this chapter.
3-2 Sec. 18.008. PENALTY. (a) A person commits an offense if
3-3 the person knowingly:
3-4 (1) violates this chapter; or
3-5 (2) fails to comply with a notice, order, or rule of
3-6 the department under this chapter.
3-7 (b) An offense under this section is a Class C misdemeanor.
3-8 Sec. 18.009. CIVIL PENALTY; INJUNCTION. (a) A person who
3-9 violates this chapter or a rule adopted under this chapter is
3-10 liable to the state for a civil penalty not to exceed $500 for each
3-11 violation. Each day a violation continues is a separate violation
3-12 for purposes of a civil penalty assessment.
3-13 (b) On request of the department, the attorney general or
3-14 the county attorney or district attorney of the county in which the
3-15 violation is alleged to have occurred shall file suit to collect
3-16 the penalty.
3-17 (c) A civil penalty collected under this section shall be
3-18 deposited in the general revenue fund. All civil penalties
3-19 recovered in suits instituted by a county or district attorney
3-20 under this section shall be divided between the state and the
3-21 county in which the county or district attorney brought suit, with
3-22 50 percent of the recovery to be paid to the general revenue fund
3-23 and 50 percent to the county.
3-24 (d) The department is entitled to appropriate injunctive
3-25 relief to prevent or abate a violation of this chapter or a rule
3-26 adopted under this chapter. On request of the department, the
3-27 attorney general or the county or district attorney of the county
3-28 in which the alleged violation is threatened or is occurring shall
3-29 file suit for the injunctive relief. Venue is in the county in
3-30 which the alleged violation is threatened or is occurring.
3-31 Sec. 18.010. STOP-SALE ORDER. (a) If food or fiber is
3-32 being sold in violation of this chapter or a rule adopted under
3-33 this chapter, the department may issue a written order to stop the
3-34 sale of that item of food or fiber by a person in control of the
3-35 item. The person named in the order may not sell the item until:
3-36 (1) permitted by a court under Subsection (b) of this
3-37 section; or
3-38 (2) the department determines that the sale of the
3-39 item is in compliance with this chapter and rules adopted under
3-40 this chapter.
3-41 (b) The person named in the order may bring suit in a court
3-42 in the county where the item is located. After a hearing, the
3-43 court may permit the item to be sold if the court finds the item is
3-44 not being sold in violation of this chapter or a department rule
3-45 issued under this chapter.
3-46 (c) This section does not limit the department's right to
3-47 act under another section of this chapter.
3-48 SECTION 2. Section 12.0175, Agriculture Code, is amended to
3-49 read as follows:
3-50 Sec. 12.0175. GROWN IN TEXAS PROGRAM<; NATURAL, LEAN, OR
3-51 ORGANIC CERTIFICATION>. <(a)> If the department establishes a
3-52 program to promote products grown in the state or products made
3-53 from ingredients grown in the state, the department may charge a
3-54 membership fee not to exceed $50, as provided by department rule,
3-55 for each producer that participates in the program. The fee shall
3-56 be designed to recover the costs of promotion.
3-57 <(b) If the department establishes an organic certification
3-58 program, the department may charge, as provided by department rule,
3-59 an annual fee not to exceed $500 for each participant certified by
3-60 the department as a processor and a fee not to exceed $150 for each
3-61 participant certified by the department as a producer, distributor,
3-62 or retailer. The fee shall be designed to recover the costs of
3-63 inspection for purposes of certification.>
3-64 SECTION 3. Subsection (a), Section 12.024(a), Agriculture
3-65 Code, is amended to read as follows:
3-66 (a) This section is applicable only to a renewal fee under
3-67 Section 14.005, 18.003, 18.004, 71.043, 71.057, 75.004, 76.044,
3-68 76.073, 76.113, or 132.025 of this code.
3-69 SECTION 4. The importance of this legislation and the
3-70 crowded condition of the calendars in both houses create an
4-1 emergency and an imperative public necessity that the
4-2 constitutional rule requiring bills to be read on three several
4-3 days in each house be suspended, and this rule is hereby suspended,
4-4 and that this Act take effect and be in force from and after its
4-5 passage, and it is so enacted.
4-6 * * * * *
4-7 Austin,
4-8 Texas
4-9 April 27, 1993
4-10 Hon. Bob Bullock
4-11 President of the Senate
4-12 Sir:
4-13 We, your Committee on Natural Resources to which was referred S.B.
4-14 No. 1291, have had the same under consideration, and I am
4-15 instructed to report it back to the Senate with the recommendation
4-16 that it do not pass, but that the Committee Substitute adopted in
4-17 lieu thereof 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 W. Wiseman x
4-25 Representing: Tx Dept of Agriculture
4-26 City: Austin, Tx
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4-28 Name: Esper K. Chandler x
4-29 Representing: Self
4-30 City: Edinburg, Tx
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