|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to honey production operations and the harvesting and |
|
packaging of honey and honeycomb. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 437.001(7), Health and Safety Code, is |
|
amended to read as follows: |
|
(7) "Honey [Small honey] production operation" means a |
|
beekeeper that[: |
|
[(A) produces less than 2,500 pounds of honey |
|
each year; |
|
[(B)] sells or distributes [the] honey or |
|
honeycomb [that] the beekeeper produces [either personally or with |
|
the help of the beekeeper's immediate family members; |
|
[(C) only sells or distributes honey or |
|
honeycomb: |
|
[(i) that is produced from a hive that is: |
|
[(a) located in the state; and |
|
[(b) owned and managed by the |
|
beekeeper; |
|
[(ii)] that is or from which is extracted |
|
pure honey as defined by Section 131.001, Agriculture Code, [and] |
|
that is raw and not blended with any other product or otherwise |
|
adulterated[; and |
|
[(iii) directly to consumers at the |
|
beekeeper's home, a farmer's market, a farm stand, or a municipal, |
|
county, or nonprofit fair, festival, or event; and |
|
[(D) delivers the honey or honeycomb that the |
|
beekeeper produces to the consumer at the point of sale or another |
|
location designated by the consumer]. |
|
SECTION 2. Sections 437.0197, 437.0198, and 437.0199, |
|
Health and Safety Code, are amended to read as follows: |
|
Sec. 437.0197. EXEMPTION FOR [SMALL] HONEY PRODUCTION |
|
OPERATION. A [small] honey production operation is not a food |
|
service establishment for purposes of this chapter. |
|
Sec. 437.0198. REGULATION OF [SMALL] HONEY PRODUCTION |
|
OPERATION PROHIBITED. A local government authority, including a |
|
local health department, may not regulate the production of honey |
|
or honeycomb at a [small] honey production operation. |
|
Sec. 437.0199. LABELING REQUIREMENTS FOR [SMALL] HONEY |
|
PRODUCTION OPERATION. Honey or honeycomb sold or distributed by a |
|
[small] honey production operation must be labeled in accordance |
|
with Subchapter E, Chapter 131, Agriculture Code. [The label must |
|
include: |
|
[(1) the net weight of the honey expressed in both the |
|
avoirdupois and metric systems; |
|
[(2) the beekeeper's name and address; and |
|
[(3) the statement "Bottled or packaged in a facility |
|
not inspected by the Texas Department of State Health Services."] |
|
SECTION 3. Chapter 437, Health and Safety Code, is amended |
|
by adding Section 437.01991 to read as follows: |
|
Sec. 437.01991. HONEY AS RAW AGRICULTURAL COMMODITY. (a) |
|
In this section, "raw agricultural commodity" has the meaning |
|
assigned by Section 431.002. |
|
(b) For purposes of this subtitle and other applicable law, |
|
a honey production operation that: |
|
(1) extracts honey from honeycomb is harvesting a raw |
|
agricultural commodity; and |
|
(2) bottles extracted honey and packages cut honeycomb |
|
is packaging a raw agricultural commodity without necessitating any |
|
additional manufacturing or processing. |
|
SECTION 4. This Act takes effect September 1, 2025. |