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.