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A BILL TO BE ENTITLED
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AN ACT
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relating to an animal share exemption for certain meat and meat food |
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products; providing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 433, Health and Safety |
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Code, is amended by adding Section 433.0065 to read as follows: |
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Sec. 433.0065. ANIMAL SHARE EXEMPTION; CIVIL PENALTY. (a) |
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In this section, "animal share" means an ownership interest in one |
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or more identified livestock animals created by a contract between |
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a farmer or rancher who owns the livestock and a prospective |
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co-owner of the livestock. |
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(b) An animal share executed by a co-owner and a farmer or |
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rancher under this section must include: |
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(1) a bill of sale the farmer or rancher provides to |
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the co-owner conveying an ownership interest in the livestock; |
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(2) a provision authorizing the farmer or rancher to |
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board the livestock and arrange preparation of the livestock as |
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meat and meat food products for the co-owner; and |
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(3) a provision entitling the co-owner to a share of |
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meat and meat food products derived from the livestock. |
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(c) The provisions of this chapter requiring inspection of |
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livestock before slaughter and inspection of the preparation of |
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meat and meat food products do not apply to the slaughter of |
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livestock and preparation of meat and meat food products if: |
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(1) ownership of the livestock under an animal share |
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is established before the livestock is slaughtered and the meat and |
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meat food products are prepared; |
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(2) the meat and meat food products are: |
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(A) prepared from livestock subject to an animal |
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share and delivered to the establishment preparing the products by |
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the farmer or rancher boarding the livestock; and |
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(B) following preparation, delivered directly to |
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the co-owner; |
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(3) on delivery of the meat or meat food products to |
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the co-owner, the establishment provides to the co-owner notice |
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that the department has not inspected the meat or meat food products |
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in: |
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(A) a separate written statement that |
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prominently displays the warning; or |
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(B) a warning statement prominently displayed on |
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a label affixed to the meat or meat food product packaging; |
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(4) the label affixed to the meat or meat food product |
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clearly and conspicuously states "Not for Sale"; and |
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(5) the farmer or rancher provides to the co-owner |
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information describing the standards the farmer or rancher followed |
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in maintaining livestock health and preparing the meat and meat |
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food products derived from the livestock. |
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(d) A person may not sell, donate, or commercially |
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redistribute meat or meat food products produced in accordance with |
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this section. A person who violates this subsection is liable to |
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this state for a civil penalty in the amount of $10,000 for each |
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violation. The attorney general may bring an action to recover a |
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civil penalty authorized under this subsection and may recover |
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reasonable expenses incurred in obtaining the civil penalty, |
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including court costs, attorney's fees, investigative costs, |
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witness fees, and deposition expenses. |
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(e) A farmer or rancher may not publish a statement that |
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implies department approval or endorsement regarding meat or meat |
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food products delivered pursuant to an animal share. |
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(f) The adulteration and misbranding provisions of this |
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chapter, other than the requirement of an inspection legend, apply |
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to meat or meat food products prepared by a processing |
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establishment under this section. |
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(g) This section does not authorize the preparation of meat |
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or meat food products in violation of the Federal Meat Inspection |
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Act (21 U.S.C. Section 601 et seq.). |
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SECTION 2. Section 433.024(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) The department shall inspect each slaughtering |
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establishment whose primary business is the selling of livestock to |
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be slaughtered by the purchaser on premises owned or operated by the |
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seller. This subsection does not nullify the provisions in Section |
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433.006 relating to exemptions or Section 433.0065 relating to an |
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animal share exemption. |
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SECTION 3. This Act takes effect September 1, 2023. |