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A BILL TO BE ENTITLED
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AN ACT
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relating to honey production operations and the harvesting and |
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packaging of honey and honeycomb. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 437.001(7), Health and Safety Code, is |
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amended to read as follows: |
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(7) "Honey [Small honey] production operation" means a |
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beekeeper that[: |
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[(A) produces less than 2,500 pounds of honey |
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each year; |
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[(B)] sells or distributes [the] honey or |
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honeycomb [that] the beekeeper produces [either personally or with |
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the help of the beekeeper's immediate family members; |
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[(C) only sells or distributes honey or |
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honeycomb: |
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[(i) that is produced from a hive that is: |
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[(a) located in the state; and |
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[(b) owned and managed by the |
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beekeeper; |
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[(ii)] that is or from which is extracted |
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pure honey as defined by Section 131.001, Agriculture Code, [and] |
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that is raw and not blended with any other product or otherwise |
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adulterated[; and |
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[(iii) directly to consumers at the |
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beekeeper's home, a farmer's market, a farm stand, or a municipal, |
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county, or nonprofit fair, festival, or event; and |
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[(D) delivers the honey or honeycomb that the |
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beekeeper produces to the consumer at the point of sale or another |
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location designated by the consumer]. |
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SECTION 2. Sections 437.0197, 437.0198, and 437.0199, |
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Health and Safety Code, are amended to read as follows: |
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Sec. 437.0197. EXEMPTION FOR [SMALL] HONEY PRODUCTION |
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OPERATION. A [small] honey production operation is not a food |
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service establishment for purposes of this chapter. |
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Sec. 437.0198. REGULATION OF [SMALL] HONEY PRODUCTION |
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OPERATION PROHIBITED. A local government authority, including a |
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local health department, may not regulate the production of honey |
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or honeycomb at a [small] honey production operation. |
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Sec. 437.0199. LABELING REQUIREMENTS FOR [SMALL] HONEY |
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PRODUCTION OPERATION. Honey or honeycomb sold or distributed by a |
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[small] honey production operation must be labeled in accordance |
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with Subchapter E, Chapter 131, Agriculture Code. [The label must |
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include: |
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[(1) the net weight of the honey expressed in both the |
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avoirdupois and metric systems; |
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[(2) the beekeeper's name and address; and |
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[(3) the statement "Bottled or packaged in a facility |
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not inspected by the Texas Department of State Health Services."] |
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SECTION 3. Chapter 437, Health and Safety Code, is amended |
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by adding Section 437.01991 to read as follows: |
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Sec. 437.01991. HONEY AS RAW AGRICULTURAL COMMODITY. (a) |
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In this section, "raw agricultural commodity" has the meaning |
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assigned by Section 431.002. |
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(b) For purposes of this subtitle and other applicable law, |
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a honey production operation that: |
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(1) extracts honey from honeycomb is harvesting a raw |
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agricultural commodity; and |
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(2) bottles extracted honey and packages cut honeycomb |
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is packaging a raw agricultural commodity without necessitating any |
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additional manufacturing or processing. |
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SECTION 4. This Act takes effect September 1, 2023. |