DME H.B. 1052 75(R)    BILL ANALYSIS


AGRICULTURE & LIVESTOCK
H.B. 1052
By: Gutierrez
2-25-97
Committee Report (Amended)



BACKGROUND 

Shell eggs, including Grade "A" shell eggs, are often implicated in
reported food borne illnesses caused by Salmonella enteritidis (S.e.).
Additional health controls, which are considered by the federal Food and
Drug Administration (FDA) to be essential in minimizing the risk of S.e.
in shell eggs, include maintaining shell eggs at an actual content
temperature of 45 degrees Fahrenheit or 7 degrees Celsius until sold or
used.  The United States Department of Agriculture (USDA) regulations
require a specific ambient or surrounding temperature of 60 degrees
Fahrenheit, even though federal law since 1991 has required an ambient
temperature of no greater than 45 degrees. 

The Texas Department of Agriculture (TDA) has rulemaking authority under
Section 132, Agriculture Code, to implement temperature standards. On
September 3, 1996, TDA changed storing regulations in anticipation of
USDA/FDA setting new storage temperature requirements. The regulation was
changed from "eggs shall be stored under refrigeration at a temperature
not higher than 60 degrees Fahrenheit..." to "eggs shall be stored under
refrigeration at the temperature required by the United States Department
of Agriculture and the federal Food and Drug Administration." 

PURPOSE

This legislation would require shell eggs to be stored at 45 degrees
Fahrenheit or less after initial packing. 

RULEMAKING AUTHORITY

It is the Committee's opinion that this legislation does not expressly
grant any additional rulemaking authority to a state officer, department,
agency or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 132.004, Agriculture Code, to require shell
eggs that have been packaged to be stored at or below 45 degrees
Fahrenheit. 

SECTION 2.  Effective date: September 1, 1997.  Requires the commissioner
of agriculture to adopt rules to implement changes specified by this Act
before January 1, 1998. 

SECTION 3.  Emergency clause.


EXPLANATION OF AMENDMENTS

Under the introduced version of this legislation, eggs must be stored at
45 degrees Fahrenheit after packing. The amended version requires the 45
degree storing temperature, but allows any different temperature standard
adopted by the USDA/FDA to prevail.