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A BILL TO BE ENTITLED
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AN ACT
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relating to egg grading and the selling of ungraded eggs; requiring |
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an occupational license. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 132.002, Agriculture Code, is amended to |
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read as follows: |
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Sec. 132.002. SALE OF UNGRADED EGGS BY PRODUCER [LIMITATION |
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OF CHAPTER]. (a) Except as provided by this section, this [This] |
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chapter does not apply to a person selling only eggs that are |
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produced by the person's own flock and for which the person does not |
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claim a grade. |
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(b) A person who produces eggs as described by Subsection |
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(a) may sell any quantity of ungraded eggs directly to consumers in |
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this state and, subject to Subsections (d) and (e), up to 400 dozen |
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ungraded eggs per week at wholesale in this state to: |
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(1) restaurants; |
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(2) grocery stores with 25,000 square feet or less of |
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retail space; |
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(3) farmer's cooperative societies incorporated under |
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Chapter 51; or |
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(4) cooperative marketing associations incorporated |
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under Chapter 52. |
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(c) A person who sells ungraded eggs as provided by |
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Subsection (b) shall label the cartons of eggs with a label that: |
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(1) is legible; |
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(2) appears on the top panel of the carton; and |
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(3) contains: |
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(A) the word "ungraded"; |
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(B) the producer's name; |
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(C) the producer's address; |
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(D) the date the carton was packed; and |
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(E) if the eggs are sold or offered for sale at |
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wholesale, the producer's license number as provided by Subsection |
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(d). |
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(d) A person who produces eggs as described by Subsection |
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(a) may not sell the eggs at wholesale unless the person holds a |
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license as an ungraded dealer-wholesaler issued by the department. |
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(e) A person who sells eggs as described by Subsection (d) |
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shall: |
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(1) maintain records as provided by Section 132.061; |
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(2) within 36 hours of collecting the eggs, |
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refrigerate the eggs; |
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(3) maintain the eggs at an ambient temperature of 45 |
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degrees Fahrenheit or below during storage and distribution; and |
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(4) follow the sanitation requirements of Section |
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132.045 when handling eggs sold or offered for sale at wholesale. |
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(f) A state agency or political subdivision may not prohibit |
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a person described by Section 132.021(b) from purchasing, |
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reselling, or using eggs described by Subsection (c). |
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SECTION 2. As soon as practicable after the effective date |
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of this Act, the Department of Agriculture shall adopt rules to |
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implement Section 132.002, Agriculture Code, as amended by this |
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Act. |
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SECTION 3. 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, 2025. |