Texas House Bill HB2397

Texas 2021 - 87th Regular

Caption

Relating to the administration, implementation, and enforcement of federal produce safety standards by the Department of Agriculture.

Impact

The impact of HB2397 would restrict the authority of the Texas Department of Agriculture concerning small farms that do not meet the revenue threshold for federal regulation. Notably, the bill forbids the department from conducting physical inspections of farms not covered by federal safety rules unless there is probable cause. This provision is intended to safeguard small-scale producers from unnecessary regulatory burdens, facilitating their operations by clarifying the conditions under which state authorities may intervene.

Summary

House Bill 2397 focuses on the administration, implementation, and enforcement of federal produce safety standards as overseen by the Texas Department of Agriculture. The bill amends existing provisions in the Agriculture Code to clarify the department's role as the lead agency in ensuring compliance with the United States Food and Drug Administration's standards for produce. By explicitly designating the department's responsibilities, the bill aims to align state procedures with federal guidelines, ensuring that agricultural practices within Texas meet national safety standards for the growing and handling of produce.

Contention

Debate surrounding HB2397 likely revolved around balancing federal compliance with the protection of small farms. Supporters argue that the bill correctly limits the state's power, preventing excessive inspections and regulatory actions against smaller, compliant businesses. Critics, on the other hand, may have raised concerns regarding the potential consequences of reduced oversight and its impact on food safety. The delegation of enforcement responsibilities to the federal level could also engender tension between maintaining local produce quality standards and adhering strictly to a uniform federal code.