1 | 1 | | 25 LC 60 0162 |
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2 | 2 | | Senate Bill 365 |
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3 | 3 | | By: Senators Watson of the 11th, Goodman of the 8th, Anderson of the 24th, Echols of the |
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4 | 4 | | 49th, Moore of the 53rd and others |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | To amend Titles 2 and 4 of the Official Code of Georgia Annotated, relating to agriculture |
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8 | 8 | | 1 |
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9 | 9 | | and animals, respectively, so as to enhance transparency with respect to the marketing of2 |
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10 | 10 | | produce and meat in this state; to provide for routine testing of produce for prohibited3 |
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11 | 11 | | substances by large-scale organic produce producers; to provide for health risk management4 |
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12 | 12 | | procedures with respect to the same; to provide for source verification and disclosure5 |
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13 | 13 | | requirements by large-scale grassfed meat producers; to provide for disclosures, testing, and6 |
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14 | 14 | | health risk management procedures with respect to older cattle; to provide for routine avian7 |
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15 | 15 | | influenza testing by large-scale pasture-raised poultry producers; to provide for health risk8 |
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16 | 16 | | management procedures with respect to the same; to provide for penalties; to provide for9 |
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17 | 17 | | definitions; to provide for a short title; to provide for related matters; to provide for an10 |
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18 | 18 | | effective date; to repeal conflicting laws; and for other purposes.11 |
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19 | 19 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12 |
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20 | 20 | | SECTION 1.13 |
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21 | 21 | | This Act shall be known and may be cited as the "Georgia Meat and Organic Produce14 |
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22 | 22 | | Transparency and Safety Act."15 |
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23 | 23 | | S. B. 365 |
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24 | 24 | | - 1 - 25 LC 60 0162 |
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25 | 25 | | SECTION 2. |
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26 | 26 | | 16 |
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27 | 27 | | Title 2 of the Official Code of Georgia Annotated, relating agriculture, is amended in17 |
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28 | 28 | | Chapter 21, relating to organic certification and labeling, by adding a new Code section to18 |
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29 | 29 | | read follows:19 |
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30 | 30 | | "2-21-3.1. |
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31 | 31 | | 20 |
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32 | 32 | | (a) As used in this Code section, the term:21 |
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33 | 33 | | (1) 'Large-scale organic produce producer' means any person engaged in the production22 |
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34 | 34 | | of organic produce in this state with annual gross sales of at least $500,000.00 per year.23 |
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35 | 35 | | (2) 'Organic produce' means any fruit, vegetable, mushroom, sprout, peanut, tree nut,24 |
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36 | 36 | | or herb labeled, advertised, or otherwise marketed as organic. Such term shall not25 |
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37 | 37 | | include the small, hard fruits or seeds of arable crops, or the crops bearing these fruits or26 |
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38 | 38 | | seeds, that are primarily grown and processed for use as meal, flour, baked goods,27 |
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39 | 39 | | cereals, and oils, rather than for direct consumption as small, hard fruits or seeds.28 |
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40 | 40 | | (b)(1) On or after January 1, 2026, large-scale organic produce producers shall conduct29 |
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41 | 41 | | routine testing of organic produce as follows:30 |
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42 | 42 | | (A) A minimum of 3 percent of organic produce shall be randomly selected and tested31 |
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43 | 43 | | on a monthly basis for prohibited substances as defined in 21 C.F.R. 205.105;32 |
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44 | 44 | | (B) Testing shall be conducted by a facility approved by the United States Department33 |
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45 | 45 | | of Agriculture for organic testing; and34 |
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46 | 46 | | (C) Records of all testing shall be maintained for a minimum of five years and made35 |
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47 | 47 | | available to the department upon request.36 |
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48 | 48 | | (2) If, during testing pursuant to paragraph (1) of this subsection, any prohibited37 |
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49 | 49 | | substance is detected at a level exceeding any federal limits, the producer shall:38 |
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50 | 50 | | (A) Immediately notify the department and United States Department of Agriculture39 |
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51 | 51 | | Animal and Plant Health Inspection Service; and40 |
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52 | 52 | | (B) Cease sales and distribution of any affected organic produce until further guidance41 |
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53 | 53 | | is provided by state and federal authorities."42 |
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54 | 54 | | S. B. 365 |
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55 | 55 | | - 2 - 25 LC 60 0162 |
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56 | 56 | | SECTION 3. |
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57 | 57 | | 43 |
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58 | 58 | | Title 4 of the Official Code of Georgia Annotated, relating to animals, is amended in Article44 |
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59 | 59 | | 1 of Chapter 6, relating to livestock dealers, by adding a new Code section to read as45 |
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60 | 60 | | follows:46 |
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61 | 61 | | "4-6-13. |
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62 | 62 | | 47 |
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63 | 63 | | (a) As used in this Code section, the term:48 |
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64 | 64 | | (1) 'Culling' means any process of removing certain livestock from primary meat49 |
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65 | 65 | | production activities, including, but not limited to, sale through livestock markets, sale50 |
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66 | 66 | | for processing due to health or age factors, or transfer to nonspecialty production systems.51 |
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67 | 67 | | (2) 'Grassfed meat producer' means any person engaged in the production, processing,52 |
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68 | 68 | | or sale of meat, including beef, pork, lamb, and goat, but excluding poultry, labeled,53 |
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69 | 69 | | advertised, or otherwise marketed as grassfed, pasture-raised, or regeneratively raised,54 |
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70 | 70 | | or under similar animal-raising claims.55 |
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71 | 71 | | (3) 'Large-scale grassfed meat producer' means a grassfed meat producer located in this56 |
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72 | 72 | | state with annual gross sales of meat products of at least $1 million per year.57 |
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73 | 73 | | (4) 'Large-scale pasture-raised poultry producer' means a pasture-raised poultry producer58 |
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74 | 74 | | located in this state with annual gross sales of poultry products of at least $250,000.0059 |
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75 | 75 | | per year.60 |
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76 | 76 | | (5) 'Livestock market' means any facility where livestock are bought, sold, or traded61 |
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77 | 77 | | through public or private sale, including, but not limited to, auctions, stockyards, and62 |
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78 | 78 | | trading barns.63 |
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79 | 79 | | (6) 'Older cattle' means any cattle over five years of age at the time of slaughter.64 |
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80 | 80 | | (7) 'Pasture-raised poultry producer' means any person engaged in the production,65 |
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81 | 81 | | processing, or sale of poultry labeled, advertised, or otherwise marketed as pasture-raised66 |
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82 | 82 | | or free-range, or under similar animal-raising claims.67 |
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83 | 83 | | (8) 'Regeneratively raised' means, with respect to livestock, raised under a system of68 |
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84 | 84 | | farming that seeks to improve soil health, biodiversity, and ecosystem resilience.69 |
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85 | 85 | | S. B. 365 |
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86 | 86 | | - 3 - 25 LC 60 0162 |
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87 | 87 | | (9) 'Specified risk material' means, with respect to cattle, tissues considered to be of high70 |
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88 | 88 | | risk for potentially carrying transmissible spongiform encephalopathies, including, but71 |
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89 | 89 | | not limited to, the brain and spinal cord tissues.72 |
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90 | 90 | | (b)(1) All large-scale grassfed meat producers shall maintain records sufficient to verify73 |
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91 | 91 | | the source and management history of all livestock used in their meat production,74 |
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92 | 92 | | including, but not limited to:75 |
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93 | 93 | | (A) Livestock birth records;76 |
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94 | 94 | | (B) Livestock feeding records;77 |
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95 | 95 | | (C) Any transfer of ownership or transportation of livestock; and78 |
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96 | 96 | | (D) Any other documentation required by the United States Department of Agriculture.79 |
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97 | 97 | | (2) Such records shall be made available for inspection by the department upon request80 |
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98 | 98 | | and retained for a minimum of five years.81 |
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99 | 99 | | (c)(1) All large-scale grassfed meat producers that label, advertise, or otherwise market82 |
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100 | 100 | | meat produced from livestock as grassfed, pasture-raised, or regeneratively raised, or83 |
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101 | 101 | | under similar animal-raising claims shall include a clearly legible and conspicuous84 |
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102 | 102 | | written disclosure stating whether the livestock:85 |
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103 | 103 | | (A) Has been sold through a livestock market or auction;86 |
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104 | 104 | | (B) Has been subject to culling prior to final sale;87 |
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105 | 105 | | (C) Has been continuously managed under the specified production protocols without88 |
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106 | 106 | | interruption;89 |
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107 | 107 | | (D) Received feed that deviates from the marketed designation, such as grassfed cattle90 |
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108 | 108 | | receiving grain at any point; and91 |
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109 | 109 | | (E) Were over the age of five years at the time of slaughter.92 |
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110 | 110 | | (2) Such disclosure shall be made available at the point of sale, on packaging or93 |
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111 | 111 | | promotional materials, and on any official website or sales platform used by the94 |
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112 | 112 | | large-scale grassfed meat producer.95 |
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113 | 113 | | S. B. 365 |
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114 | 114 | | - 4 - 25 LC 60 0162 |
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115 | 115 | | (d)(1) All large-scale grassfed meat producers that sell beef produced from older cattle96 |
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116 | 116 | | shall publicly disclose this fact through:97 |
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117 | 117 | | (A) A clearly legible and conspicuous label on the packaging stating: 'This beef is from98 |
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118 | 118 | | cattle over 5 years of age.'; and99 |
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119 | 119 | | (B) Online sales listings or menus specifying when beef is sourced from older cattle.100 |
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120 | 120 | | (2)(A) All older cattle used to produce beef shall undergo testing of specified risk101 |
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121 | 121 | | materials at the time of slaughter for transmissible spongiform encephalopathies,102 |
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122 | 122 | | including, but not limited to, testing for abnormal prion proteins linked to bovine103 |
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123 | 123 | | spongiform encephalopathy, in accordance with any requirements set forth by the104 |
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124 | 124 | | United States Department of Agriculture.105 |
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125 | 125 | | (B) A large-scale grassfed meat producer shall dispose of any specified risk materials106 |
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126 | 126 | | in accordance with any requirements set forth by the United States Department of107 |
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127 | 127 | | Agriculture and the United States Food and Drug Administration.108 |
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128 | 128 | | (C) A large-scale grassfed meat producer shall maintain documentation proving109 |
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129 | 129 | | compliance with subparagraph (A) of this paragraph for no less than five years.110 |
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130 | 130 | | (3) If a positive case of transmissible spongiform encephalopathies is detected, the111 |
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131 | 131 | | large-scale grassfed meat producer shall immediately:112 |
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132 | 132 | | (A) Notify the department and United States Department of Agriculture Animal and113 |
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133 | 133 | | Plant Health Inspection Service; and114 |
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134 | 134 | | (B) Cease sales and distribution of any beef products from the affected herd and follow115 |
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135 | 135 | | any requirements set forth by the department and the United States Department of116 |
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136 | 136 | | Agriculture.117 |
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137 | 137 | | (e)(1) All large-scale pasture-raised poultry producers shall conduct routine avian118 |
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138 | 138 | | influenza testing as follows:119 |
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139 | 139 | | (A) A minimum of 3 percent of live poultry flocks shall be tested on a weekly basis for120 |
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140 | 140 | | highly pathogenic avian influenza and low pathogenic avian influenza;121 |
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141 | 141 | | S. B. 365 |
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142 | 142 | | - 5 - 25 LC 60 0162 |
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143 | 143 | | (B) Testing shall be conducted by an accredited laboratory using United States122 |
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144 | 144 | | Department of Agriculture approved methods; and123 |
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145 | 145 | | (C) Records of all testing shall be maintained for a minimum of five years and made124 |
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146 | 146 | | available to the department upon request.125 |
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147 | 147 | | (2) If a positive case of highly pathogenic avian influenza is detected, the large-scale126 |
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148 | 148 | | pasture-raised poultry producer shall immediately:127 |
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149 | 149 | | (A) Notify the department and United States Department of Agriculture Animal and128 |
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150 | 150 | | Plant Health Inspection Service;129 |
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151 | 151 | | (B) Cease sales and distribution of poultry products from the affected flock until130 |
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152 | 152 | | further guidance is provided by state and federal authorities; and131 |
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153 | 153 | | (C) Implement biosecurity measures to prevent disease spread, including flock culling132 |
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154 | 154 | | if required by United States Department of Agriculture regulations.133 |
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155 | 155 | | (3) Any failure to comply with avian influenza testing requirements set forth in this134 |
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156 | 156 | | subsection shall result in penalties as outlined in subsection (g) of this Code section.135 |
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157 | 157 | | (f)(1) Large-scale grassfed meat producers and large-scale pasture-raised poultry136 |
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158 | 158 | | producers that label, advertise, or otherwise market multiple types of meat as grassfed,137 |
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159 | 159 | | pasture-raised, free-range, or regeneratively raised, or under similar animal-raising claims138 |
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160 | 160 | | shall ensure separate and verifiable tracking for each species.139 |
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161 | 161 | | (2) Large-scale grassfed meat producers and large-scale pasture-raised poultry producers140 |
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162 | 162 | | engaged in direct-to-consumer online sales shall provide consumers with accessible141 |
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163 | 163 | | sourcing verification through a scannable QR code, public webpage, or other verifiable142 |
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164 | 164 | | digital record.143 |
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165 | 165 | | (g) Any large-scale grassfed meat producer or large-scale pasture-raised poultry producer144 |
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166 | 166 | | found in violation of this Code section shall be subject to:145 |
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167 | 167 | | (1) A civil penalty not to exceed $5,000.00 per violation for a first offense;146 |
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168 | 168 | | (2) A civil penalty not to exceed $10,000.00 per violation for subsequent offenses; and147 |
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169 | 169 | | S. B. 365 |
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170 | 170 | | - 6 - 25 LC 60 0162 |
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171 | 171 | | (3) Revocation or suspension of such producer's ability to market or sell meat or poultry148 |
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172 | 172 | | products within this state under the designations of grassfed pasture-raised, free-range,149 |
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173 | 173 | | or regeneratively raised, or under similar animal-raising claims for repeated150 |
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174 | 174 | | noncompliance."151 |
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175 | 175 | | SECTION 4.152 |
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176 | 176 | | This Act shall become effective on January 1, 2026.153 |
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177 | 177 | | SECTION 5.154 |
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178 | 178 | | All laws and parts of laws in conflict with this Act are repealed.155 |
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179 | 179 | | S. B. 365 |
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180 | 180 | | - 7 - |
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