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BILL ANALYSIS

 

 

Senate Research Center

C.S.H.B. 410

86R31829 SRA-D

By: White; Bailes (Johnson)

 

Health & Human Services

 

5/19/2019

 

Committee Report (Substituted)

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

C.S.H.B. 410 amends current law relating to the regulation of meat and other food products.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 433.003, Health and Safety Code, to define "beef," "chicken," "lamb," "meat," "pork," "rabbit," and "turkey."

 

SECTION 2. Amends Section 433.005, Health and Safety Code, by adding Subsection (a-1), as follows:

 

(a-1) Provides that a food product is misbranded if:

 

(1) the food product is misrepresented as harvested meat through the use of false or misleading advertising or labeling; or

 

(2) any part of the food product's labeling includes certain terms or any common variation of those terms and the product does not contain the product described by the term listed on the label.

 

SECTION 3. Amends Section 433.0245, Health and Safety Code, by adding Subsections (a-1), (e), and (f) and amending Subsections (b), (c), and (d), as follows:

 

(a-1) Provides that, for purposes of this section, a low-volume livestock processing establishment:

 

(1) includes an establishment that processes fewer than 10,000 domestic rabbits or more than 1,000 but fewer than 10,000 poultry in a calendar year; and

 

(2) does not include an establishment that processes 1,000 or fewer poultry raised by the operator of the establishment in a calendar year.

 

(b) Creates an exception under Subsections (e) and (f) to the requirement of a low‑volume livestock processing establishment that is exempt from federal inspection to register with the Department of State Health Services (DSHS) in accordance with rules adopted by the executive commissioner of the Health and Human Services Commission for registration.

 

(c) Makes a conforming change to this subsection.

 

(d) Makes a conforming change to this subsection.

 

(e) Provides that a low-volume livestock processing establishment that is exempt from federal inspection and processes fewer than 500 domestic rabbits in a calendar year is not required to comply with Subsection (b) or (c).

 

(f) Provides that an establishment described by Subsection (a-1)(2):

 

(1) is not subject to additional state regulation; and

 

(2) is authorized to sell poultry products directly to:

 

(A) consumers; and

 

(B) restaurants that provide food for immediate human consumption.

 

SECTION 4. Effective date: September 1, 2019.