By Madla S.B. No. 449
75R4628 MWV-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the transfer of certain powers and duties of the Texas
1-3 Feed and Fertilizer Control Service to the commissioner of
1-4 agriculture.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapters A-F, Chapter 141, Agriculture Code,
1-7 are amended to read as follows:
1-8 SUBCHAPTER A. GENERAL PROVISIONS
1-9 Sec. 141.001. Definitions. In this chapter:
1-10 (1) "Animal" means an animate being that is not human
1-11 and has the power of voluntary action.
1-12 (2) ["Board" means the board of regents of The Texas
1-13 A&M University System.]
1-14 [(3)] "Broker" means a person who is employed on a
1-15 commission basis to sell property for another person. The term
1-16 does not include a person who:
1-17 (A) has possession or absolute control over the
1-18 property that is to be sold;
1-19 (B) receives a salary; or
1-20 (C) acts for one party to the exclusion of all
1-21 others.
1-22 (3) [(4)] "Bulk" means any lot of commercial feed that
1-23 is not in a closed container at the time it passes to the
1-24 possession of the consumer and includes that feed at any stage of
2-1 distribution.
2-2 (4) [(5)] "Container" means a bag, box, barrel,
2-3 bottle, package, carton, object, apparatus, device, or appliance in
2-4 which commercial feed is packed, stored, or placed for handling,
2-5 transporting, or distributing.
2-6 (5) [(6)] "Cotton plant by-products" means the residue
2-7 from the ginning of cotton.
2-8 (6) [(7)] "Customer-formula feed" means a mixture of
2-9 commercial feed or feed material all or part of which is furnished
2-10 by the person who processes, mixes, mills, or otherwise prepares
2-11 the mixture and which is mixed according to the specific
2-12 instructions of the purchaser. The term includes a special formula
2-13 feed or a made-to-order feed.
2-14 [(8) "Director" means the director of the Texas
2-15 Agricultural Experiment Station.]
2-16 (7) [(9)] "Distribute" means sell, offer for sale,
2-17 barter, exchange, or otherwise supply.
2-18 (8) [(10)] "Feed facility" means a site where feed, a
2-19 component of feed, or feed ingredients are mixed, custom blended,
2-20 ground, unground, manufactured, milled, bagged, salvaged, or
2-21 processed.
2-22 (9) [(11)] "Ingredient" means a constituent material
2-23 of commercial feed.
2-24 (10) [(12)] "Label" means a display of written,
2-25 printed, or graphic matter on or affixed to or wrapped with a
2-26 container or on an invoice or delivery slip.
2-27 (11) [(13)] "Licensee" means a person who obtains a
3-1 license to operate a feed facility under this chapter.
3-2 (12) [(14)] "Official sample" means a sample of feed
3-3 taken by the commissioner [service] and designated as official by
3-4 the commissioner [service].
3-5 (13) [(15)] "Product" means the name of the commercial
3-6 feed that identifies it as to kind, class, or specific use and
3-7 includes the brand, term, trademark, or other specific designation
3-8 under which commercial feed is distributed in this state.
3-9 (14) [(16)] "Purchaser" means a person who buys or
3-10 otherwise acquires a commercial feed, customer-formula feed, or
3-11 custom-mix or custom-mill service.
3-12 [(17) "Service" means the Texas Feed and Fertilizer
3-13 Control Service.]
3-14 (15) [(18)] "Ton" means a net weight of 2,000 pounds
3-15 avoirdupois or 1,000 kilograms metric.
3-16 (16) [(19)] "Weight" means net weight of a container
3-17 of commercial feed expressed in either the avoirdupois or metric
3-18 system.
3-19 Sec. 141.002. Commercial Feed. (a) Except as otherwise
3-20 provided by this section, a material is a commercial feed subject
3-21 to this chapter if it is a simple, mixed, compounded, ground,
3-22 unground, organic, or inorganic material used as a feed for an
3-23 animal, including a vitamin, mineral, antibiotic, antioxidant,
3-24 medicine, drug, chemical, or other material used as an ingredient
3-25 or component of a mixture of materials used as a feed for an
3-26 animal.
3-27 (b) Except as specifically provided by this chapter, a
4-1 customer-formula feed is a commercial feed subject to this chapter.
4-2 (c) The following are not commercial feeds subject to this
4-3 chapter:
4-4 (1) unground hay not containing toxins or chemical
4-5 adulterants;
4-6 (2) whole grain or whole seed not containing toxins or
4-7 chemical adulterants;
4-8 (3) unadulterated cotton plant by-products or any
4-9 unadulterated hulls;
4-10 (4) a feed product produced and sold by a farmer;
4-11 (5) a feed mixed and used by a person who contracts
4-12 with the owner of animals to care for and feed the animals;
4-13 (6) an individual mineral substance not mixed with
4-14 another material;
4-15 (7) a material furnished by a purchaser for use in a
4-16 customer-formula feed that was produced by the purchaser or
4-17 acquired by the purchaser from a source other than the person whose
4-18 services are engaged in the milling, mixing, or processing of a
4-19 customer-formula feed; or
4-20 (8) a feed or feed ingredient handled by a broker.
4-21 (d) Regardless of whether a claim is made as to the
4-22 prophylactic, therapeutic, or other purpose of the material, a
4-23 mineral, vitamin, antibiotic, antioxidant, medicine, drug, or other
4-24 material may be added to a commercial feed only if and in the
4-25 manner authorized by the rules of the commissioner [service]. If a
4-26 guarantee or claim is made for the material, the material is
4-27 subject to inspection and analysis in accordance with the rules of
5-1 the commissioner [service].
5-2 Sec. 141.003. Administration. (a) An agent or employee of
5-3 the commissioner may exercise [The Texas Feed and Fertilizer
5-4 Control Service is under the direction of the director of the Texas
5-5 Agricultural Experiment Station, who is responsible for exercising]
5-6 the powers and perform [performing] the duties assigned to the
5-7 commissioner [service] by this chapter.
5-8 (b) The commissioner [service] may employ personnel
5-9 necessary to perform the [its] duties assigned by this chapter.
5-10 (c) The commissioner [director] may appoint a state chemist
5-11 whose responsibilities may include the making of chemical analyses
5-12 and tests required by this chapter.
5-13 Sec. 141.004. Rules; Minimum Standards. Following notice
5-14 and public hearing, the commissioner [service] may adopt rules as
5-15 necessary for the enforcement of this chapter, including rules
5-16 defining and establishing minimum standards for commercial feed.
5-17 To the extent practicable, rules that define and establish minimum
5-18 standards for commercial feed must be in harmony with the official
5-19 standards of the Association of American Feed Control Officials.
5-20 Sec. 141.005. Publications. (a) At least annually, the
5-21 commissioner [service] shall publish:
5-22 (1) information concerning the sales of commercial
5-23 feeds, together with data on commercial feed production and use as
5-24 the commissioner [service] considers advisable;
5-25 (2) the results of the analyses of official samples of
5-26 commercial feed distributed in this state as compared to the
5-27 analyses guaranteed in the registration and on the label; and
6-1 (3) a financial statement showing the receipt and
6-2 expenditure of funds by the commissioner [service] under this
6-3 chapter.
6-4 (b) The commissioner [service] may publish other information
6-5 relating to feed as the commissioner [service] considers necessary
6-6 or desirable to the public interest. The commissioner [service]
6-7 shall prescribe the form of publications under this section.
6-8 (c) A publication under this section may not disclose the
6-9 scope of operations of any person.
6-10 Sec. 141.006. Custom Processing. This chapter does not
6-11 apply to the mixing, milling, or processing of a material produced
6-12 by a purchaser of commercial feed or acquired by the purchaser from
6-13 a source other than the person who mixes, mills, or processes the
6-14 material.
6-15 SUBCHAPTER B. LICENSE
6-16 Sec. 141.021. License Required. (a) A person may not
6-17 manufacture or distribute commercial feed in this state without a
6-18 valid current license issued by the commissioner [service] for each
6-19 feed facility that manufactures or distributes commercial feed. A
6-20 person making only retail sales of commercial feed bearing the
6-21 label of a licensed manufacturer, guarantor, or distributor is not
6-22 required to obtain a license.
6-23 (b) An application for a license shall be submitted on a
6-24 form prescribed and provided by the commissioner [service] and
6-25 accompanied by a license fee not to exceed $75 for each facility,
6-26 as provided by [department] rule adopted by the commissioner.
6-27 (c) A licensee or license applicant shall provide the
7-1 commissioner [service] copies of labels and labeling and other
7-2 information that the commissioner [service] by rule requires.
7-3 (d) A person applying for a license after the 30th day
7-4 following receipt of notice to obtain a license and a licensee
7-5 applying late for a license renewal shall pay a $75 late fee in
7-6 addition to the license fee.
7-7 Sec. 141.023. Term of License. A license issued under this
7-8 chapter is permanent unless:
7-9 (1) the commissioner [service] revokes, suspends,
7-10 annuls, or amends the license;
7-11 (2) the licensee withdraws or cancels the license;
7-12 (3) the licensee's report to the commissioner
7-13 [service] indicates no activity for one year; or
7-14 (4) the commissioner [service] requires a new license.
7-15 Sec. 141.025. Refusal or Revocation of License. Following
7-16 notice and a hearing, the commissioner [service] may revoke,
7-17 suspend, annul, or amend an existing license or may refuse to issue
7-18 a license if the commissioner [it] finds that the licensee or
7-19 applicant has:
7-20 (1) been convicted of a crime for which a license may
7-21 be revoked, suspended, annulled, amended, or refused under Article
7-22 6252-13c, Revised Statutes;
7-23 (2) refused or after notice failed to comply with this
7-24 chapter and rules adopted under this chapter; or
7-25 (3) used fraudulent or deceptive practices in
7-26 attempting evasion of this chapter or a rule adopted under this
7-27 chapter.
8-1 SUBCHAPTER C. LABELING
8-2 Sec. 141.051. Labeling of Commercial Feed. (a) Except as
8-3 provided by Subsection (d) of this section, each container of
8-4 commercial feed distributed in this state, other than
8-5 customer-formula feed, must have a label with the following
8-6 information:
8-7 (1) the name and principal address of the person
8-8 responsible for manufacture and distribution;
8-9 (2) the brand or name under which the feed is to be
8-10 distributed;
8-11 (3) the quantity of the feed in the container, in
8-12 either net weight, net volume contents, or net fluid content
8-13 according to rules adopted by the commissioner [service];
8-14 (4) the guaranteed analysis of nutrients in the feed,
8-15 listing a maximum or minimum quantity determinable by laboratory
8-16 methods of protein, fat, fiber, and other components of commercial
8-17 feed;
8-18 (5) the common or usual name of each ingredient used
8-19 in the feed;
8-20 (6) the name and percentage of any hulls, shells,
8-21 screenings, straw, stalks, corncobs, or other low grade feeding
8-22 materials or fillers in the feed, if any;
8-23 (7) an appropriate warning statement and directions
8-24 for use relating to each medicine, drug, mineral, vitamin,
8-25 antibiotic, or antioxidant in the feed; and
8-26 (8) other information that the commissioner [service]
8-27 may by rule require.
9-1 (b) The manufacturer or other person distributing the feed
9-2 shall affix the label required by this section to the outside of
9-3 the container or cause it to be printed on the side of the
9-4 container in the manner prescribed by the commissioner [service].
9-5 The information must be grouped together and plainly printed in
9-6 English in the size of type prescribed by the commissioner
9-7 [service].
9-8 (c) If the labeling information is shown on the container
9-9 rather than printed on the label, the information must be plainly
9-10 printed in a conspicuous place in the size of type prescribed by
9-11 the commissioner [service].
9-12 (d) A person distributing in this state commercial feed in a
9-13 container that holds an amount exceeding 110 pounds dry weight or
9-14 55 gallons liquid need not label the container in accordance with
9-15 this section, but shall furnish the purchaser with a statement of
9-16 the information in accordance with Section 141.052 of this chapter.
9-17 Sec. 141.052. Labeling of Bulk Commercial Feed. At the time
9-18 of delivery of bulk commercial feed distributed in this state,
9-19 other than customer-formula feed, the manufacturer or other person
9-20 distributing the feed shall furnish the purchaser with a written or
9-21 printed statement showing the information required by Section
9-22 141.051(a) of this code.
9-23 Sec. 141.053. Labeling of Customer-Formula Feed.
9-24 (a) Except as provided by Subsection (b) of this section, a person
9-25 distributing customer-formula feed in this state shall furnish to
9-26 the purchaser at the time of delivery a label showing:
9-27 (1) the name and address of the mixer, miller, or
10-1 processor;
10-2 (2) the name and address of the purchaser;
10-3 (3) the date of sale;
10-4 (4) the name or brand and the number of pounds of each
10-5 registered commercial feed used in the mixture; and
10-6 (5) the name and number of pounds of each other
10-7 ingredient added to the mixture, including any ingredient supplied
10-8 by the purchaser.
10-9 (b) If all ingredients for a customer-formula feed are
10-10 furnished by the mixer, miller, or processor, the commissioner
10-11 [service] may permit a customer-formula feed to be identified by
10-12 means of an identifying name, number, or similar designation rather
10-13 than by listing the ingredients under Subsections (a)(4) and (a)(5)
10-14 of this section. The commissioner [service] may adopt rules and
10-15 prescribe forms for identification of a customer-formula feed under
10-16 this subsection.
10-17 Sec. 141.054. General Label Restrictions. Except as
10-18 authorized by this chapter or a rule of the commissioner [service],
10-19 the label of a commercial feed may not:
10-20 (1) advertise, name, promote or otherwise draw
10-21 attention to one or more components or ingredients in the product
10-22 unless the percentage and common name of the component or
10-23 ingredient is clearly and prominently declared;
10-24 (2) contain the name of another manufacturer or person
10-25 or a product of another manufacturer or person; or
10-26 (3) contain a false, deceptive, or misleading
10-27 statement.
11-1 Sec. 141.055. Request For Label Review. (a) The
11-2 commissioner [service] shall:
11-3 (1) by rule adopt procedures that allow a licensee to
11-4 submit a product label to the commissioner [service] for review;
11-5 (2) review each product label submitted by a licensee
11-6 to determine compliance with the labeling requirements of this
11-7 subchapter;
11-8 (3) make a detailed report to the licensee regarding
11-9 changes to the label required for compliance with the [service's]
11-10 rules adopted by the commissioner; and
11-11 (4) provide the licensee with the advice that the
11-12 commissioner [service] considers necessary to enable the licensee
11-13 to comply with the [service's] labeling rules adopted by the
11-14 commissioner.
11-15 (b) The commissioner [service] may not charge a fee for a
11-16 review, a report, or advice under this section.
11-17 SUBCHAPTER D. INSPECTION FEE
11-18 Sec. 141.071. Inspection Fee. (a) For each state fiscal
11-19 year, a person who manufactures or distributes commercial feed or a
11-20 component of commercial feed in this state, including a person who
11-21 mixes, mills, or processes customer-formula feed, shall pay to the
11-22 commissioner [service] an inspection fee prescribed by this
11-23 section.
11-24 (b) Except as otherwise provided by this section, the
11-25 inspection fee is 15 cents per ton of commercial feed. The
11-26 commissioner [With the approval of the board, the director] may
11-27 reduce or increase the inspection in increments of 1 cent up to a
12-1 maximum of 2 cents per fiscal year, except that the commissioner
12-2 [board and director] shall reduce the inspection fee by 1 cent
12-3 increments when the balance of the Texas feed control fund exceeds
12-4 one-half the projected operating expenses of the commissioner under
12-5 this chapter [service] for the next fiscal year.
12-6 (c) A person distributing in this state a commercial feed
12-7 product packaged in individual containers of five pounds or less
12-8 shall pay, for each distinct commercial feed product so
12-9 distributed, a flat rate inspection fee of $50 for each fiscal year
12-10 or part of a fiscal year in which the distribution is made.
12-11 (d) A licensee paying an inspection fee under Subsection (b)
12-12 of this section shall pay in advance a minimum annual inspection
12-13 fee of $100 per fiscal year. All advance inspection fees collected
12-14 under this section shall be credited towards the first tonnage
12-15 inspection fee owed by the licensee accruing in that fiscal year.
12-16 (e) A person is not required to pay an inspection fee on a
12-17 portion of a customer-formula feed that is produced by the
12-18 purchaser or acquired by the purchaser from a source other than the
12-19 person who mixes, mills, or processes the mixture.
12-20 (f) The commissioner [service] by rule may provide that a
12-21 person is not required to pay an inspection fee on commercial feed
12-22 that the person manufactures or distributes solely for
12-23 investigational, experimental, or laboratory use by qualified
12-24 persons, if the investigation or experiment is conducted in the
12-25 public interest.
12-26 Sec. 141.072. Quarterly Tonnage Reporting and Inspection Fee
12-27 Payment. (a) The person responsible for paying the inspection fee
13-1 for a feed facility generating $100 or more during a license year
13-2 in tonnage fees shall file with the commissioner [service] a
13-3 quarterly sworn report either stating that no tonnage of commercial
13-4 feed was distributed during the preceding quarter or setting forth
13-5 the tonnage of all commercial feed that the feed facility
13-6 manufactured or distributed in this state during the preceding
13-7 quarter. Each quarterly tonnage report must be accompanied by
13-8 payment of the inspection fee due based on the tonnage reported for
13-9 that quarter.
13-10 (b) The person responsible for paying the inspection fee for
13-11 a feed facility producing less than $100 a license year in tonnage
13-12 fees shall file with the commissioner [service] an annual sworn
13-13 report either stating that no tonnage of commercial feed was
13-14 distributed during the preceding license year or stating the
13-15 tonnage of all commercial feed the facility manufactured and
13-16 distributed in this state during the preceding license year. Each
13-17 annual tonnage report must be accompanied by payment of the
13-18 inspection fee due based on the tonnage reported for that year.
13-19 (c) A quarterly tonnage report and inspection fee payment is
13-20 due on or before the 31st day following the last day of November,
13-21 February, May, and August for persons reporting quarterly. An
13-22 annual tonnage report and inspection fee payment is due on or
13-23 before the 31st day following the last day of August for persons
13-24 reporting annually.
13-25 (d) The commissioner [service] may prescribe and furnish
13-26 forms as necessary under this section.
13-27 Sec. 141.073. Penalty for Late Filing or Payment. (a) If a
14-1 person paying the inspection fee on the basis of tonnage reporting
14-2 does not file a quarterly report or pay the fee before the 31st day
14-3 following the last day of a quarter, the person shall pay a penalty
14-4 equal to 15 percent of the inspection fee due or $50, whichever is
14-5 greater.
14-6 (b) The penalty together with any delinquent inspection fee
14-7 is due before the 61st day following the last day of the quarter.
14-8 The commissioner [service] shall cancel the license of a licensee
14-9 who fails to pay the penalty and delinquent inspection fee within
14-10 that time period after notice.
14-11 Sec. 141.074. Records; Additional Reports; Audits. (a) For
14-12 the purpose of determining the accurate tonnage of commercial feed
14-13 distributed in this state or identify or verify tonnage reports,
14-14 the commissioner [service] may require each licensee to maintain
14-15 records or file additional reports.
14-16 (b) The commissioner [service] is entitled to examine at
14-17 reasonable times the records maintained under this section.
14-18 (c) Unless otherwise authorized by the commissioner
14-19 [service], a licensee shall preserve and maintain the records under
14-20 this section in usable condition for at least two years. The
14-21 commissioner [service] may require a licensee to retain the records
14-22 for a period longer than two years if the commissioner [service]
14-23 determines it to be in the public interest.
14-24 (d) If a licensee is located outside this state, the
14-25 licensee shall maintain records required under this section in this
14-26 state or pay all costs incurred in the auditing of the records at
14-27 another location. The commissioner [service] shall promptly
15-1 furnish to the licensee an itemized statement of any costs incurred
15-2 in an out-of-state audit and the licensee shall pay the costs
15-3 before the 31st day following the date of the statement.
15-4 Sec. 141.075. Disposition and Use of Fees. (a) The
15-5 commissioner [service] shall deposit fees collected under this
15-6 subchapter in the same manner that other [local institutional] fees
15-7 [of The Texas A & M University System] are deposited by the
15-8 commissioner [collected]. The fees shall be set apart as a special
15-9 fund known as the Texas feed control fund.
15-10 (b) The Texas feed control fund shall be used[, with the
15-11 approval and consent of the board,] for administering this chapter,
15-12 including paying the cost of:
15-13 (1) equipment and facilities;
15-14 (2) inspection, sampling, and analysis;
15-15 (3) licensing;
15-16 (4) salaries; and
15-17 (5) publication of bulletins and reports.
15-18 (c) Fees collected under this subchapter that, in the
15-19 judgment of the commissioner [board], are not needed for the
15-20 administration of this chapter may be used for research relative to
15-21 the value of commercial feed.
15-22 SUBCHAPTER E. INSPECTION, SAMPLING, AND ANALYSIS
15-23 Sec. 141.101. Inspection and Sampling; Entry Power. In
15-24 order to determine if feed is in compliance with this chapter, the
15-25 commissioner [service] is entitled to:
15-26 (1) enter during regular business hours and inspect
15-27 any place of business, mill, plant building, or vehicle and to open
16-1 any container, bin, vat or parcel that is used in the manufacture,
16-2 transportation, importation, sale, or storage of commercial feed or
16-3 is suspected of containing a commercial feed; and
16-4 (2) take samples from feed found during that
16-5 inspection.
16-6 Sec. 141.102. Procedure for Sampling and Analysis. The
16-7 commissioner [service] by rule shall prescribe the procedures for
16-8 sampling and analysis of commercial feed. The procedures must, to
16-9 the extent practicable, be in accordance with the official methods
16-10 of the Association of Official Analytical Chemists or other methods
16-11 that the commissioner [service] determines authentic by research
16-12 and investigation.
16-13 Sec. 141.103. Identification of Sample. (a) Each sample
16-14 taken shall be sealed with a label placed on the container of the
16-15 sample showing:
16-16 (1) the serial number of the sample;
16-17 (2) the date on which the sample was taken; and
16-18 (3) the signature of the person who took the sample.
16-19 (b) Each sample shall be sent to the commissioner [service].
16-20 In addition, a report shall be sent to the commissioner [service]
16-21 stating:
16-22 (1) the name or brand of the commercial feed or
16-23 material sampled;
16-24 (2) the serial number of the sample;
16-25 (3) the manufacturer or guarantor of the lot sampled,
16-26 if known;
16-27 (4) the name of the person in possession of the lot
17-1 sampled;
17-2 (5) the date and place of taking the sample; and
17-3 (6) the name of the person who took the sample.
17-4 (c) For the purpose of properly identifying a sample with
17-5 the lot sampled, the commissioner [service] is entitled to examine
17-6 and copy any invoice, transportation record, or other record
17-7 pertaining to the lot.
17-8 Sec. 141.104. Independent Analysis of Sample. (a) If the
17-9 commissioner [service] finds through chemical analysis or another
17-10 method that a commercial feed is in violation of a provision of
17-11 this chapter, the commissioner [service] shall notify the
17-12 manufacturer or other person who caused the feed to be distributed.
17-13 The notice must be in writing and give full details of the
17-14 commissioner's [service's] findings.
17-15 (b) A person who receives a notice under this section may
17-16 request that the commissioner [service] submit portions of the
17-17 sample analyzed to other chemists for independent analysis. After
17-18 receiving a request, the commissioner [service] shall submit two
17-19 portions of the sample analyzed to two qualified chemists selected
17-20 by the commissioner [service]. If requested, the commissioner
17-21 [service] shall also submit one portion of the sample to the person
17-22 requesting independent analysis. A request under this subsection
17-23 must be filed with the commissioner [service] before the 16th day
17-24 following the day on which the notice is given under Subsection (a)
17-25 of this section.
17-26 (c) Each of the chemists selected by the commissioner
17-27 [service] shall analyze the portion of the sample and certify
18-1 findings to the commissioner [service] under oath. The findings
18-2 shall be prepared in duplicate and the commissioner [service] shall
18-3 forward one copy of each chemist's findings to the person who
18-4 requested the independent analysis.
18-5 (d) The three chemical analyses obtained under this section
18-6 may be considered in determining whether a violation of this
18-7 chapter has occurred.
18-8 (e) Except as provided by this subsection, the person
18-9 requesting independent analysis shall pay the cost of the analysis.
18-10 If, as a result of the independent analysis, the commissioner
18-11 [service] determines that a violation has not occurred, the
18-12 commissioner [service] shall pay the cost of the analysis.
18-13 SUBCHAPTER F. ENFORCEMENT; REMEDIES
18-14 Sec. 141.121. Stop-Sale Order. (a) If the commissioner
18-15 [service] has reasonable cause to believe that a commercial feed is
18-16 being distributed in violation of a provision of this chapter, the
18-17 commissioner [service] shall affix to the container of the feed a
18-18 written notice containing:
18-19 (1) an order to stop the sale of the feed; and
18-20 (2) a warning to all persons not to dispose of the
18-21 feed in any manner until the commissioner [service] or a court
18-22 gives permission or until the stop-sale order expires.
18-23 (b) If the commissioner [service] finds that the commercial
18-24 feed is in compliance with this chapter, the commissioner [service]
18-25 shall immediately remove the stop-sale order.
18-26 (c) A stop-sale order expires at the end of the 30th day
18-27 following the day on which it was affixed unless, prior to that
19-1 time, the commissioner [service] has instituted proceedings under
19-2 Section 141.122 of this code to condemn the feed.
19-3 Sec. 141.122. Condemnation of Feed. (a) If, after
19-4 examination and analysis, the commissioner [service] finds that a
19-5 commercial feed subject to a stop-sale order is in violation of a
19-6 provision of this chapter, the commissioner [service] shall
19-7 petition the district or county court in whose jurisdiction the
19-8 feed is located for an order for the condemnation and confiscation
19-9 of the feed. If the court determines that the feed is in violation
19-10 of this chapter, the feed shall be disposed of by sale or
19-11 destruction in accordance with the order of the court.
19-12 (b) If a condemned commercial feed is sold under Subsection
19-13 (a) of this section, the proceeds of the sale, less court costs and
19-14 charges, shall be paid into the state treasury.
19-15 (c) If the court finds that a violation of this chapter may
19-16 be corrected by proper processing or labeling, the court may order
19-17 that the feed be delivered to the licensee of the feed for
19-18 processing or labeling under the supervision of the commissioner
19-19 [service]. Before entering that order, the court shall:
19-20 (1) enter the decree;
19-21 (2) require that all costs, fees, and expenses be
19-22 paid; and
19-23 (3) require the licensee of the feed to post good and
19-24 sufficient bond conditioned on the proper labeling and processing
19-25 of the feed.
19-26 (d) The licensee of the feed shall pay all costs incurred by
19-27 the commissioner [service] in the supervision of labeling or
20-1 processing under Subsection (c) of this section. The court shall
20-2 return the bond to the licensee when the commissioner [service]
20-3 notifies the court that the commercial feed is no longer in
20-4 violation of this chapter and that the licensee has paid the
20-5 expenses of supervision.
20-6 Sec. 141.123. Warnings. If the commissioner [service]
20-7 determines that a violation of this chapter is of a minor nature
20-8 and that the public interest will be served and protected by the
20-9 issuance of a written warning, the commissioner [service] may issue
20-10 the warning instead of proceeding to condemn the feed, reporting
20-11 the violation for prosecution, or taking other administrative
20-12 action.
20-13 Sec. 141.124. Injunction. (a) The commissioner [service]
20-14 may sue [in the name of the director] to enjoin a violation of this
20-15 chapter.
20-16 (b) The commissioner [service] may request a prosecuting
20-17 attorney or the attorney general to sue to enjoin a violation or
20-18 threatened violation of this chapter.
20-19 Sec. 141.125. Suit to Recover Fees. The commissioner
20-20 [service] may sue to recover an inspection fee or a penalty due
20-21 under Subchapter D of this chapter. Venue for a suit under this
20-22 section is in Travis [Brazos] County.
20-23 Sec. 141.126. Prosecutions. Each district attorney,
20-24 criminal district attorney, or county attorney to whom the
20-25 commissioner [service] reports a violation of this chapter shall
20-26 cause appropriate proceedings to be instituted and prosecuted [in
20-27 the proper court] without delay [in the manner provided by law].
21-1 Sec. 141.127. Venue for Civil and Criminal Actions. Except
21-2 as provided by Section 141.125 of this code, venue for a civil
21-3 action or criminal prosecution under this chapter is in the county
21-4 in which the commercial feed is located at the time the alleged
21-5 violation is discovered by or made known to the commissioner
21-6 [service].
21-7 Sec. 141.128. Appeal of Administrative Order or Ruling.
21-8 (a) A person at interest who is aggrieved by an order or ruling of
21-9 the commissioner [service] may appeal the order or ruling in the
21-10 manner provided for contested cases by Chapter 2001, Government
21-11 Code.
21-12 (b) An appeal under this section is by trial de novo.
21-13 SECTION 2. Section 141.149(a), Agriculture Code, is amended
21-14 to read as follows:
21-15 (a) The commissioner [service] shall adopt rules that
21-16 conform to but are not more strict than current good manufacturing
21-17 practices as established under 21 U.S.C. Section 360b for the use
21-18 of drugs in the manufacture, processing, and packaging of
21-19 commercial feed unless the commissioner [service] determines that
21-20 those practices are not appropriate to conditions existing in this
21-21 state.
21-22 SECTION 3. (a) The powers and duties of the Texas Feed and
21-23 Fertilizer Control Service regarding animal feed regulation are
21-24 transferred to the commissioner of agriculture. A reference in law
21-25 to the regulation of animal feed by the Texas Feed and Fertilizer
21-26 Control Service means the commissioner of agriculture.
21-27 (b) The commissioner of agriculture assumes the position of
22-1 the Texas Feed and Fertilizer Control Service in relation to any
22-2 liability, obligation, agreement, or contract of the service with
22-3 regard to animal feed regulation.
22-4 (c) The records, other property, and unobligated and
22-5 unexpended appropriations of the Texas Feed and Fertilizer Control
22-6 Service for the regulation of animal feed become the records,
22-7 property, and appropriations of the commissioner of agriculture.
22-8 The employees of the service responsible for the regulation of
22-9 animal feed continue as employees of the commissioner.
22-10 (d) A rule adopted by the Texas Feed and Fertilizer Control
22-11 Service for the regulation of animal feed that is in effect
22-12 immediately before September 1, 1997, becomes a rule of the
22-13 commissioner of agriculture and remains in effect until amended or
22-14 repealed by the commissioner.
22-15 (e) The validity of any action taken by the Texas Feed and
22-16 Fertilizer Control Service with regard to the regulation of animal
22-17 feed, including the issue of a permit or license, is not affected
22-18 by this Act. To the extent those actions continue to have any
22-19 effect on or after September 1, 1997, they are considered to be the
22-20 actions of the commissioner of agriculture.
22-21 SECTION 4. This Act takes effect September 1, 1997.
22-22 SECTION 5. The importance of this legislation and the
22-23 crowded condition of the calendars in both houses create an
22-24 emergency and an imperative public necessity that the
22-25 constitutional rule requiring bills to be read on three several
22-26 days in each house be suspended, and this rule is hereby suspended.