SRC-PNG S.B. 1304 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1304
By: Brown
Agriculture
4/7/1999
As Filed


DIGEST 

 Aflatoxin is a toxic mold by-product that grows on corn, sorghum, and
oilseeds.  There is a strong concern that aflatoxin contaminated corn is
occasionally sold as deer corn, or wildlife feed, if the aflatoxin
contamination levels are too high in the grains for more closely regulated
markets using those corn products.  Birds, including turkey and quail, are
particularly susceptible to aflatoxin poisoning, in which very small doses
can be lethal.  However, larger whitetail deer can suffer liver damage over
a period of time from contaminated products.  This bill would control
aflatoxin contamination levels in certain products and provide a criminal
penalty for any violations. 

PURPOSE

As proposed, S.B. 1304 controls aflatoxin contamination levels in certain
products and provides a criminal penalty for any violations. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Feed and Fertilizer Control
Service in SECTION 1 (Section 141.007, Agriculture Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 141A, Agriculture Code, by adding Section
141.007, as follows: 

Sec.  141.007.  AFLATOXIN CONTROL.  Authorizes the Texas Feed and
Fertilizer Control Service (service) to establish rules requiring the use
of processes for commercial feed, whole seed, and whole grain with
aflatoxin contamination levels considered unsafe by the service. 

SECTION 2. Amends Section 141.102, Agriculture Code, to require the service
by rule to prescribe the procedures for sampling and analysis of commercial
feed, including procedures designed to determine levels of aflatoxin in
whole grain, and whole seed. 

SECTION 3. Amends Section 141.148(b), Agriculture Code, to provide that a
person commits an offense if the person offers for retail sale whole seed
or whole grain that has not been ammoniated, undergone another process
recognized by the service to minimize aflatoxin, or contains aflatoxin
concentrations determined by the service to be unsafe, for the purposes of
feeding wildlife unless the whole seed or whole grain is labeled as
containing aflatoxin concentrations determined by the service to be safe.
Makes a conforming change. 

SECTION 4. Effective date: September 1, 1999.

SECTION 5. Emergency clause.