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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), (f), |
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(g), (h), (i), and (j) 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 provide education and |
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training relating to, the United States Food and Drug |
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Administration Standards for the Growing, Harvesting, Packing, and |
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Holding of Produce for Human Consumption (21 C.F.R. Part 112) or any |
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successor federal produce safety rule or standard. This section |
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does not authorize the department to implement or enforce any other |
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federal 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) The department shall provide a farmer with the option to |
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provide the information necessary to determine whether a farm is |
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covered by, is not covered by, is exempt from, or meets the criteria |
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for a qualified exemption from 12 C.F.R. Part 112 by telephone call, |
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videoconference, or another remote method. If a farmer chooses to |
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provide the information using a remote method, the department may |
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conduct an on-farm interview only: |
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(1) after three failed attempts to conduct the remote |
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interview; or |
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(2) as a follow-up to a remote interview when the |
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information provided is incomplete or insufficient. |
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(f) The department may not use the authority granted by this |
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section as justification to: |
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(1) inquire about the amount of revenue generated by a |
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farm more often than every three years after the date the farm |
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establishes that it is not subject to the federal rules or standards |
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described by Subsection (a) because it does not generate more than |
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the threshold amount of revenue from the sale of produce to be a |
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covered farm; or |
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(2) conduct further investigative activity after |
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receiving documentation indicating that a farm generates less than |
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the threshold amount of revenue from the sale of produce to be a |
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covered farm under the federal rules or standards described by |
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Subsection (a). |
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(g) Subsection (f) does not prevent the department from |
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collecting data regarding the type of commodities grown by a farm |
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and whether those commodities are covered produce under the federal |
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rules or standards described by Subsection (a). |
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(h) 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 meets the criteria for a qualified exemption |
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from 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 meets the criteria for a |
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qualified exemption from the rules or standards; or |
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(3) create a new or different standard that is not |
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contained in the federal rules or standards or required under other |
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law. |
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(i) Information collected by the department for purposes of |
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this section is confidential and not subject to disclosure under |
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Chapter 552, Government Code. |
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(j) The department may use information collected for |
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purposes of this section to determine whether farms are covered by, |
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are not covered by, are exempt from, or meet the criteria for a |
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qualified exemption from the federal rules or standards described |
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by Subsection (a). |
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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, 2023. |