| |
| |
|
|
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) and |
|
|
(f) 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 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) With respect to a farm that is not subject to the federal |
|
|
rules or standards described by Subsection (a) because the farm |
|
|
does not generate more than the threshold amount of revenue from the |
|
|
sale of produce to be a covered farm, the department: |
|
|
(1) may not use the authority granted by this section |
|
|
as justification to physically enter the farm; |
|
|
(2) is limited to inquiring about whether the farm |
|
|
generates more than the threshold amount of revenue from the sale of |
|
|
produce to be a covered farm; and |
|
|
(3) may not conduct further investigative activity |
|
|
after receiving documentation indicating the farm generates less |
|
|
than the threshold amount of revenue from the sale of produce to be |
|
|
a covered farm. |
|
|
(f) 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 is eligible 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 is eligible for a qualified |
|
|
exemption from the rules or standards; or |
|
|
(3) create a new or different standard, including a |
|
|
standard for imposing penalties, that is not contained in the |
|
|
federal rules or standards. |
|
|
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. |