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A BILL TO BE ENTITLED
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AN ACT
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relating to the administration, implementation, and enforcement of |
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federal produce safety standards by the Department of Agriculture. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 91.009(a), (c-1), and (d), Agriculture |
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Code, are amended to read as follows: |
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(a) The department shall administer, implement, and enforce |
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in this state [is the lead agency for the administration,
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implementation, and enforcement of, and education and training
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relating to,] the United States Food and Drug Administration |
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Standards for the Growing, Harvesting, Packing, and Holding of |
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Produce for Human Consumption (21 C.F.R. Part 112) or any successor |
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federal produce safety rule or standard. |
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(c-1) The department may enter into a cooperative |
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agreement, interagency agreement, grant agreement, or memorandum |
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of understanding with a federal or state agency as necessary to |
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carry out the department's [for the] administration, |
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implementation, or enforcement of this section. |
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(d) The department may adopt rules to administer, |
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implement, and enforce this section. The department's rules may not |
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impose additional or more burdensome requirements than those |
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provided by the applicable federal rule or standard described by |
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Subsection (a). In the development of rules under this section, the |
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department may consider relevant state, federal, or national |
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standards and may consult with federal or state agencies. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |