6 | 4 | | AN ACT |
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7 | 5 | | relating to exemptions from certain regulation for small honey |
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8 | 6 | | production operations. |
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9 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 8 | | SECTION 1. Section 437.001, Health and Safety Code, is |
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11 | 9 | | amended by adding Subdivisions (1-a) and (7) to read as follows: |
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12 | 10 | | (1-a) "Beekeeper" has the meaning assigned by Section |
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13 | 11 | | 131.001, Agriculture Code. |
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14 | 12 | | (7) "Small honey production operation" means a |
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15 | 13 | | beekeeper that: |
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16 | 14 | | (A) produces less than 2,500 pounds of honey each |
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17 | 15 | | year; |
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18 | 16 | | (B) sells or distributes the honey or honeycomb |
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19 | 17 | | that the beekeeper produces either personally or with the help of |
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20 | 18 | | the beekeeper's immediate family members; |
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21 | 19 | | (C) only sells or distributes honey or honeycomb: |
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22 | 20 | | (i) that is produced from a hive that is: |
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23 | 21 | | (a) located in the state; and |
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24 | 22 | | (b) owned and managed by the |
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25 | 23 | | beekeeper; |
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26 | 24 | | (ii) that is pure honey as defined by |
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27 | 25 | | Section 131.001, Agriculture Code, and that is raw and not blended |
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28 | 26 | | with any other product or otherwise adulterated; and |
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29 | 27 | | (iii) directly to consumers at the |
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30 | 28 | | beekeeper's home, a farmer's market, a farm stand, or a municipal, |
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31 | 29 | | county, or nonprofit fair, festival, or event; and |
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32 | 30 | | (D) delivers the honey or honeycomb that the |
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33 | 31 | | beekeeper produces to the consumer at the point of sale or another |
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34 | 32 | | location designated by the consumer. |
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35 | 33 | | SECTION 2. Chapter 437, Health and Safety Code, is amended |
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36 | 34 | | by adding Sections 437.0197, 437.0198, and 437.0199 to read as |
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37 | 35 | | follows: |
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38 | 36 | | Sec. 437.0197. EXEMPTION FOR SMALL HONEY PRODUCTION |
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39 | 37 | | OPERATION. A small honey production operation is not a food service |
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40 | 38 | | establishment for purposes of this chapter. |
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41 | 39 | | Sec. 437.0198. REGULATION OF SMALL HONEY PRODUCTION |
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42 | 40 | | OPERATION PROHIBITED. A local government authority, including a |
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43 | 41 | | local health department, may not regulate the production of honey |
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44 | 42 | | or honeycomb at a small honey production operation. |
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45 | 43 | | Sec. 437.0199. LABELING REQUIREMENTS FOR SMALL HONEY |
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46 | 44 | | PRODUCTION OPERATION. Honey or honeycomb sold or distributed by a |
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47 | 45 | | small honey production operation must be labeled in accordance with |
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48 | 46 | | Subchapter E, Chapter 131, Agriculture Code. The label must |
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49 | 47 | | include: |
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50 | 48 | | (1) the net weight of the honey expressed in both the |
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51 | 49 | | avoirdupois and metric systems; |
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52 | 50 | | (2) the beekeeper's name and address; and |
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53 | 51 | | (3) the statement "Bottled or packaged in a facility |
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54 | 52 | | not inspected by the Texas Department of State Health Services." |
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55 | 53 | | SECTION 3. This Act takes effect September 1, 2015. |
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| 54 | + | ______________________________ ______________________________ |
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| 55 | + | President of the Senate Speaker of the House |
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| 56 | + | I hereby certify that S.B. No. 1766 passed the Senate on |
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| 57 | + | April 20, 2015, by the following vote: Yeas 30, Nays 0. |
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| 58 | + | ______________________________ |
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| 59 | + | Secretary of the Senate |
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| 60 | + | I hereby certify that S.B. No. 1766 passed the House on |
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| 61 | + | May 19, 2015, by the following vote: Yeas 146, Nays 0, two |
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| 62 | + | present not voting. |
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| 63 | + | ______________________________ |
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| 64 | + | Chief Clerk of the House |
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| 65 | + | Approved: |
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| 66 | + | ______________________________ |
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| 67 | + | Date |
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| 68 | + | ______________________________ |
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| 69 | + | Governor |
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