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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. Section 91.009, Agriculture Code, is amended by |
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amending Subsections (a) and (c-1) and adding Subsections (e) and |
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(f) 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. This section does not |
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authorize the department to implement or enforce any other federal |
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regulation. |
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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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(e) With respect to a farm that is not subject to the federal |
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rules or standards described by Subsection (a) because the farm |
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does not generate more than the threshold amount of revenue from the |
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sale of produce to be a covered farm, the department: |
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(1) may not use the authority granted by this section |
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as justification to physically enter the farm; |
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(2) is limited to inquiring about whether the farm |
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generates more than the threshold amount of revenue from the sale of |
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produce to be a covered farm; and |
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(3) may not conduct further investigative activity |
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after receiving documentation indicating the farm generates less |
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than the threshold amount of revenue from the sale of produce to be |
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a covered farm. |
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(f) The department's rules may not impose additional or more |
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burdensome requirements than those provided by the federal rules or |
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standards described by Subsection (a). Specifically, the |
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department may not: |
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(1) require registration of a farm that is not covered |
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by, is exempt from, or is eligible for a qualified exemption from |
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the rules or standards; |
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(2) without probable cause that the farm is violating |
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an applicable law, conduct a physical inspection of a farm that is |
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not covered by, is exempt from, or is eligible for a qualified |
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exemption from the rules or standards; or |
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(3) create a new or different standard, including a |
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standard for imposing penalties, that is not contained in the |
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federal rules or standards. |
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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, 2021. |