By: Creighton S.B. No. 1766
(In the Senate - Filed March 13, 2015; March 24, 2015, read
first time and referred to Committee on Agriculture, Water, and
Rural Affairs; April 15, 2015, reported favorably by the following
vote: Yeas 7, Nays 0; April 15, 2015, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to exemptions from certain regulation for small honey
production operations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 437.001, Health and Safety Code, is
amended by adding Subdivisions (1-a) and (7) to read as follows:
(1-a) "Beekeeper" has the meaning assigned by Section
131.001, Agriculture Code.
(7) "Small honey production operation" means a
beekeeper that:
(A) produces less than 2,500 pounds of honey each
year;
(B) sells or distributes the honey or honeycomb
that the beekeeper produces either personally or with the help of
the beekeeper's immediate family members;
(C) only sells or distributes honey or honeycomb:
(i) that is produced from a hive that is:
(a) located in the state; and
(b) owned and managed by the
beekeeper;
(ii) that is pure honey as defined by
Section 131.001, Agriculture Code, and that is raw and not blended
with any other product or otherwise adulterated; and
(iii) directly to consumers at the
beekeeper's home, a farmer's market, a farm stand, or a municipal,
county, or nonprofit fair, festival, or event; and
(D) delivers the honey or honeycomb that the
beekeeper produces to the consumer at the point of sale or another
location designated by the consumer.
SECTION 2. Chapter 437, Health and Safety Code, is amended
by adding Sections 437.0197, 437.0198, and 437.0199 to read as
follows:
Sec. 437.0197. EXEMPTION FOR SMALL HONEY PRODUCTION
OPERATION. A small honey production operation is not a food service
establishment for purposes of this chapter.
Sec. 437.0198. REGULATION OF SMALL HONEY PRODUCTION
OPERATION PROHIBITED. A local government authority, including a
local health department, may not regulate the production of honey
or honeycomb at a small honey production operation.
Sec. 437.0199. LABELING REQUIREMENTS FOR SMALL HONEY
PRODUCTION OPERATION. Honey or honeycomb sold or distributed by a
small honey production operation must be labeled in accordance with
Subchapter E, Chapter 131, Agriculture Code. The label must
include:
(1) the net weight of the honey expressed in both the
avoirdupois and metric systems;
(2) the beekeeper's name and address; and
(3) the statement "Bottled or packaged in a facility
not inspected by the Texas Department of State Health Services."
SECTION 3. This Act takes effect September 1, 2015.
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