By: Creighton  S.B. No. 1766
         (In the Senate - Filed March 13, 2015; March 24, 2015, read
  first time and referred to Committee on Agriculture, Water, and
  Rural Affairs; April 15, 2015, reported favorably by the following
  vote:  Yeas 7, Nays 0; April 15, 2015, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
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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