| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to egg grading and the selling of ungraded eggs; requiring |
|
|
an occupational license. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 132.002, Agriculture Code, is amended to |
|
|
read as follows: |
|
|
Sec. 132.002. SALE OF UNGRADED EGGS BY PRODUCER [LIMITATION |
|
|
OF CHAPTER]. (a) Except as provided by this section, this [This] |
|
|
chapter does not apply to a person selling only eggs that are |
|
|
produced by the person's own flock and for which the person does not |
|
|
claim a grade. |
|
|
(b) A person who produces eggs as described by Subsection |
|
|
(a) may sell up to 120 dozen ungraded eggs per week directly to |
|
|
consumers or at wholesale. |
|
|
(c) A person who produces eggs as described by Subsection |
|
|
(a) may not sell the eggs at wholesale unless the person holds a |
|
|
license as an ungraded dealer-wholesaler issued by the department. |
|
|
The license must be renewed as provided by Section 132.024. |
|
|
(d) A person who holds a license described by Subsection (c) |
|
|
shall maintain records as provided by Section 132.061. |
|
|
(e) A person who holds a license described by Subsection (c) |
|
|
shall follow the sanitation requirements of Section 132.045 when |
|
|
handling eggs sold or offered for sale at wholesale. |
|
|
(f) A person who sells ungraded eggs as provided by |
|
|
Subsection (b) shall label the cartons of eggs with a label that: |
|
|
(1) is legible; |
|
|
(2) appears on the top panel of the carton; and |
|
|
(3) contains: |
|
|
(A) the word "ungraded"; |
|
|
(B) the producer's name; |
|
|
(C) the producer's address; |
|
|
(D) the producer's license number under |
|
|
Subsection (c), if the eggs are sold or offered for sale at |
|
|
wholesale; and |
|
|
(E) the date the carton was packed. |
|
|
SECTION 2. Section 132.043(c), Agriculture Code, is amended |
|
|
to read as follows: |
|
|
(c) Licensees required by this section to collect or pay a |
|
|
special fee shall remit the fee [monthly] in accordance with rules |
|
|
established by the department. The rules may not require a licensee |
|
|
to remit the fee more often than: |
|
|
(1) monthly; or |
|
|
(2) annually, if the licensee is required to remit |
|
|
less than $360 for the year. |
|
|
SECTION 3. Not later than December 1, 2023, the Department |
|
|
of Agriculture shall adopt rules consistent with Section |
|
|
132.043(c), Agriculture Code, as amended by this Act. |
|
|
SECTION 4. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2023. |