BILL ANALYSIS C.S.S.B. 1146 By: Lucio Agriculture 04-13-95 Committee Report (Substituted) BACKGROUND Current law enforces the maturity requirements for grapefruit and oranges through December 15 of each harvest season. Research and maturity inspections show that early and mid-season oranges usually meet maturity requirements by November 1, and grapefruit usually meets maturity requirements by December 1. These maturity dates are important because juice content increases as fruit becomes more mature. PURPOSE As proposed, C.S.S.B. 1146 designates a specific time period of each year in which grapefruit and early or mid-season oranges are mature enough to be transported, prepared, received, or delivered for transportation or market. Requires these fruits to be inspected before they are prepared at any other time of the year and requires a fee to be paid to the Department of Agriculture for shipment or sale of the fruits during this time. RULEMAKING AUTHORITY It is the committee's opinion that rulemaking authority is granted to the Department of Agriculture under SECTION 2 (Section 94.003(a), Agriculture Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 94.002, Agriculture Code, to provide that except to the extent specifically provided by this chapter, this chapter does not apply to, among others, grapefruit, rather than citrus fruit, that is shipped, rather than accepted for transportation or is being transported, after December 1 of a year and before August 1 of the following year, rather than December 15 and September 1; or early and mid-season oranges (oranges) shipped after November 1 of a year and before August 1 of the following year. SECTION 2. Amends Section 94.003(a), Agriculture Code, to require the Department of Agriculture (department) to adopt rules that define maturity standards for grapefruit and oranges according to the amount of juice and soluble solids in the fruit and the ratio of soluble solids to anhydrous citric acids in the fruit. Makes a nonsubstantive change. SECTION 3. Amends Section 94.021, Agriculture Code, to provide that grapefruit meeting the maturity standards for grapefruit established by rule of the department are mature. Deletes language relating to maturity standards for grapefruit. SECTION 4. Amends Section 94.022, Agriculture Code, to provide that oranges meeting the maturity standards for oranges established by rule of the department are mature. Deletes language regarding the ratio of soluble solids to anhydrous citric acid of juice. SECTION 5. Amends Section 94.025(b), Agriculture Code, to prohibit grapefruit, rather than citrus fruit, that is immature or unfit for consumption from being prepared for sale or transportation, transported, or received from December 2 of one year to July 31 of the following year. Prohibits oranges that are immature or otherwise unfit for consumption from being prepared for sale or transportation, transported, or received from November 2 of one year to July 31 of the following year. SECTION 6. Amends Section 94.031, Agriculture Code, as follows: Sec. 94.031. INSPECTION. (a) Prohibits grapefruit, rather than citrus fruit, from being transported, prepared, received, or delivered (prepared) for transportation or market after July 31 and before December 2 of each year unless the grapefruit has been inspected for maturity and approved by certain inspectors and is accompanied by a maturity stamp. (b) Prohibits oranges from being transported or prepared for transportation or market after July 31 and before November 2 of each year unless the oranges have been inspected for maturity and approved by certain inspectors and are accompanied by a maturity stamp. (c) Created from existing text. Deletes existing Subsection (c) requiring an inspector to sign certificates of inspection with a specific title. SECTION 7. Amends Section 94.035(a), Agriculture Code, to require a person who sells or ships grapefruit after July 31 and before December 2 of a year or oranges after July 31 and before November 2 of a year, rather than citrus fruit between August 31 and November 2, to pay a fee to the department. SECTION 8. Amends Section 95.016, Agriculture Code, to prohibit a person from applying coloring matter to citrus fruit unless the citrus fruit meets the applicable maturity standards established by rule of the department, rather than by passing state maturity tests. Deletes existing Subsections (b)-(d) relating to standards for use of coloring matter. SECTION 9. Authorizes the department to initially adopt rules defining maturity standards for grapefruit and oranges under Section 94.003(a) as emergency rules in accordance with Section 2001.034, Government Code. SECTION 10. Repealer: Sections 94.004, 94.023, and 94.024, Agriculture Code (Appointment of Inspectors-Determination of Soluble Solids-Determination of Anhydrous Citric Acid). SECTION 11. Emergency clause. Effective date: upon passage.