89R3762 SCF-D
 
  By: Alders H.B. No. 2953
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to egg grading and the selling of ungraded eggs.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 132.002, Agriculture Code, is amended to
  read as follows:
         Sec. 132.002.  SALE OF UNGRADED EGGS BY PRODUCER [LIMITATION
  OF CHAPTER]. (a) Except as provided by this section, this [This]
  chapter does not apply to a person selling only eggs that are
  produced by the person's own flock and for which the person does not
  claim a grade.
         (b)  A person who produces eggs as described by Subsection
  (a) may sell up to 120 dozen ungraded eggs per week directly to
  consumers or, subject to Subsections (d) and (e), at wholesale.
         (c)  A person who sells ungraded eggs as provided by
  Subsection (b) shall label the cartons of eggs with a label that:
               (1)  is legible;
               (2)  appears on the top panel of the carton; and
               (3)  contains:
                     (A)  the word "ungraded";
                     (B)  the producer's name;
                     (C)  the producer's address; 
                     (D)  the producer's license number under
  Subsection (d), if the eggs are sold or offered for sale at
  wholesale; and 
                     (E)  the date the carton was packed.
         (d)  A person who produces eggs as described by Subsection
  (a) may not sell the eggs at wholesale unless the person holds a
  license as an ungraded dealer-wholesaler issued by the department.
         (e)  A person who sells eggs as described by Subsection (d)
  shall:
               (1)  maintain records as provided by Section 132.061;
  and
               (2)  follow the sanitation requirements of Section
  132.045 when handling eggs sold or offered for sale at wholesale.
         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, 2025.