88R22615 KBB-F
 
  By: Thimesch, Harris of Anderson, Rosenthal, H.B. No. 3373
      Goodwin, Orr, et al.
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the administration, implementation, and enforcement of
  federal produce safety standards by the Department of Agriculture.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 91.009, Agriculture Code, is amended by
  amending Subsections (a) and (c-1) and adding Subsections (e), (f),
  (g), (h), (i), and (j) to read as follows:
         (a)  The department shall administer, implement, and enforce
  in this state [is the lead agency for the administration,
  implementation, and enforcement of], and provide education and
  training relating to, the United States Food and Drug
  Administration Standards for the Growing, Harvesting, Packing, and
  Holding of Produce for Human Consumption (21 C.F.R. Part 112) or any
  successor federal produce safety rule or standard. This section
  does not authorize the department to implement or enforce any other
  federal regulation.
         (c-1)  The department may enter into a cooperative
  agreement, interagency agreement, grant agreement, or memorandum
  of understanding with a federal or state agency as necessary to
  carry out the department's [for the] administration,
  implementation, or enforcement of this section.
         (e)  The department shall provide a farmer with the option to
  provide the information necessary to determine whether a farm is
  covered by, is not covered by, is exempt from, or meets the criteria
  for a qualified exemption from 12 C.F.R. Part 112 by telephone call,
  videoconference, or another remote method. If a farmer chooses to
  provide the information using a remote method, the department may
  conduct an on-farm interview only:
               (1)  after three failed attempts to conduct the remote
  interview; or
               (2)  as a follow-up to a remote interview when the
  information provided is incomplete or insufficient.
         (f)  The department may not use the authority granted by this
  section as justification to:
               (1)  inquire about the amount of revenue generated by a
  farm more often than every three years after the date the farm
  establishes that it is not subject to the federal rules or standards
  described by Subsection (a) because it does not generate more than
  the threshold amount of revenue from the sale of produce to be a
  covered farm; or
               (2)  conduct further investigative activity after
  receiving documentation indicating that a farm generates less than
  the threshold amount of revenue from the sale of produce to be a
  covered farm under the federal rules or standards described by
  Subsection (a).
         (g)  Subsection (f) does not prevent the department from
  collecting data regarding the type of commodities grown by a farm
  and whether those commodities are covered produce under the federal
  rules or standards described by Subsection (a).
         (h)  The department's rules may not impose additional or more
  burdensome requirements than those provided by the federal rules or
  standards described by Subsection (a).  Specifically, the
  department may not:
               (1)  require registration of a farm that is not covered
  by, is exempt from, or meets the criteria for a qualified exemption
  from the rules or standards;
               (2)  without probable cause that the farm is violating
  an applicable law, conduct a physical inspection of a farm that is
  not covered by, is exempt from, or meets the criteria for a
  qualified exemption from the rules or standards; or
               (3)  create a new or different standard that is not
  contained in the federal rules or standards or required under other
  law.
         (i)  Information collected by the department for purposes of
  this section is confidential and not subject to disclosure under
  Chapter 552, Government Code.
         (j)  The department may use information collected for
  purposes of this section to determine whether farms are covered by,
  are not covered by, are exempt from, or meet the criteria for a
  qualified exemption from the federal rules or standards described
  by Subsection (a).
         SECTION 2.  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.