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.