Texas 2015 - 84th Regular

Texas Senate Bill SB1766 Compare Versions

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1-By: Creighton, et al. S.B. No. 1766
2- (Metcalf)
1+S.B. No. 1766
32
43
5- A BILL TO BE ENTITLED
64 AN ACT
75 relating to exemptions from certain regulation for small honey
86 production operations.
97 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
108 SECTION 1. Section 437.001, Health and Safety Code, is
119 amended by adding Subdivisions (1-a) and (7) to read as follows:
1210 (1-a) "Beekeeper" has the meaning assigned by Section
1311 131.001, Agriculture Code.
1412 (7) "Small honey production operation" means a
1513 beekeeper that:
1614 (A) produces less than 2,500 pounds of honey each
1715 year;
1816 (B) sells or distributes the honey or honeycomb
1917 that the beekeeper produces either personally or with the help of
2018 the beekeeper's immediate family members;
2119 (C) only sells or distributes honey or honeycomb:
2220 (i) that is produced from a hive that is:
2321 (a) located in the state; and
2422 (b) owned and managed by the
2523 beekeeper;
2624 (ii) that is pure honey as defined by
2725 Section 131.001, Agriculture Code, and that is raw and not blended
2826 with any other product or otherwise adulterated; and
2927 (iii) directly to consumers at the
3028 beekeeper's home, a farmer's market, a farm stand, or a municipal,
3129 county, or nonprofit fair, festival, or event; and
3230 (D) delivers the honey or honeycomb that the
3331 beekeeper produces to the consumer at the point of sale or another
3432 location designated by the consumer.
3533 SECTION 2. Chapter 437, Health and Safety Code, is amended
3634 by adding Sections 437.0197, 437.0198, and 437.0199 to read as
3735 follows:
3836 Sec. 437.0197. EXEMPTION FOR SMALL HONEY PRODUCTION
3937 OPERATION. A small honey production operation is not a food service
4038 establishment for purposes of this chapter.
4139 Sec. 437.0198. REGULATION OF SMALL HONEY PRODUCTION
4240 OPERATION PROHIBITED. A local government authority, including a
4341 local health department, may not regulate the production of honey
4442 or honeycomb at a small honey production operation.
4543 Sec. 437.0199. LABELING REQUIREMENTS FOR SMALL HONEY
4644 PRODUCTION OPERATION. Honey or honeycomb sold or distributed by a
4745 small honey production operation must be labeled in accordance with
4846 Subchapter E, Chapter 131, Agriculture Code. The label must
4947 include:
5048 (1) the net weight of the honey expressed in both the
5149 avoirdupois and metric systems;
5250 (2) the beekeeper's name and address; and
5351 (3) the statement "Bottled or packaged in a facility
5452 not inspected by the Texas Department of State Health Services."
5553 SECTION 3. This Act takes effect September 1, 2015.
54+ ______________________________ ______________________________
55+ President of the Senate Speaker of the House
56+ I hereby certify that S.B. No. 1766 passed the Senate on
57+ April 20, 2015, by the following vote: Yeas 30, Nays 0.
58+ ______________________________
59+ Secretary of the Senate
60+ I hereby certify that S.B. No. 1766 passed the House on
61+ May 19, 2015, by the following vote: Yeas 146, Nays 0, two
62+ present not voting.
63+ ______________________________
64+ Chief Clerk of the House
65+ Approved:
66+ ______________________________
67+ Date
68+ ______________________________
69+ Governor