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        |  | AN ACT | 
      
        |  | relating to exemptions from certain regulation for small honey | 
      
        |  | production operations. | 
      
        |  | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
      
        |  | SECTION 1.  Section 437.001, Health and Safety Code, is | 
      
        |  | amended by adding Subdivisions (1-a) and (7) to read as follows: | 
      
        |  | (1-a)  "Beekeeper" has the meaning assigned by Section | 
      
        |  | 131.001, Agriculture Code. | 
      
        |  | (7)  "Small honey production operation" means a | 
      
        |  | beekeeper that: | 
      
        |  | (A)  produces less than 2,500 pounds of honey each | 
      
        |  | year; | 
      
        |  | (B)  sells or distributes the honey or honeycomb | 
      
        |  | that the beekeeper produces either personally or with the help of | 
      
        |  | the beekeeper's immediate family members; | 
      
        |  | (C)  only sells or distributes honey or honeycomb: | 
      
        |  | (i)  that is produced from a hive that is: | 
      
        |  | (a)  located in the state; and | 
      
        |  | (b)  owned and managed by the | 
      
        |  | beekeeper; | 
      
        |  | (ii)  that is pure honey as defined by | 
      
        |  | Section 131.001, Agriculture Code, and that is raw and not blended | 
      
        |  | with any other product or otherwise adulterated; and | 
      
        |  | (iii)  directly to consumers at the | 
      
        |  | beekeeper's home, a farmer's market, a farm stand, or a municipal, | 
      
        |  | county, or nonprofit fair, festival, or event; and | 
      
        |  | (D)  delivers the honey or honeycomb that the | 
      
        |  | beekeeper produces to the consumer at the point of sale or another | 
      
        |  | location designated by the consumer. | 
      
        |  | SECTION 2.  Chapter 437, Health and Safety Code, is amended | 
      
        |  | by adding Sections 437.0197, 437.0198, and 437.0199 to read as | 
      
        |  | follows: | 
      
        |  | Sec. 437.0197.  EXEMPTION FOR SMALL HONEY PRODUCTION | 
      
        |  | OPERATION.  A small honey production operation is not a food service | 
      
        |  | establishment for purposes of this chapter. | 
      
        |  | Sec. 437.0198.  REGULATION OF SMALL HONEY PRODUCTION | 
      
        |  | OPERATION PROHIBITED.  A local government authority, including a | 
      
        |  | local health department, may not regulate the production of honey | 
      
        |  | or honeycomb at a small honey production operation. | 
      
        |  | Sec. 437.0199.  LABELING REQUIREMENTS FOR SMALL HONEY | 
      
        |  | PRODUCTION OPERATION.  Honey or honeycomb sold or distributed by a | 
      
        |  | small honey production operation must be labeled in accordance with | 
      
        |  | Subchapter E, Chapter 131, Agriculture Code.  The label must | 
      
        |  | include: | 
      
        |  | (1)  the net weight of the honey expressed in both the | 
      
        |  | avoirdupois and metric systems; | 
      
        |  | (2)  the beekeeper's name and address; and | 
      
        |  | (3)  the statement "Bottled or packaged in a facility | 
      
        |  | not inspected by the Texas Department of State Health Services." | 
      
        |  | SECTION 3.  This Act takes effect September 1, 2015. | 
      
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        |  | ______________________________ | ______________________________ | 
      
        |  | President of the Senate | Speaker of the House | 
      
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        |  | I hereby certify that S.B. No. 1766 passed the Senate on | 
      
        |  | April 20, 2015, by the following vote:  Yeas 30, Nays 0. | 
      
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        |  | 
      
        |  | ______________________________ | 
      
        |  | Secretary of the Senate | 
      
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        |  | I hereby certify that S.B. No. 1766 passed the House on | 
      
        |  | May 19, 2015, by the following vote:  Yeas 146, Nays 0, two | 
      
        |  | present not voting. | 
      
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        |  | ______________________________ | 
      
        |  | Chief Clerk of the House | 
      
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        |  | Approved: | 
      
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        |  | ______________________________ | 
      
        |  | Date | 
      
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        |  | ______________________________ | 
      
        |  | Governor |