H.B. No. 3227
AN ACT
relating to the administration and enforcement of produce safety
standards by the Department of Agriculture; authorizing an
administrative penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 12.020(c), Agriculture Code, is amended
to read as follows:
(c) The provisions of law subject to this section and the
applicable penalty amounts are as follows:
Provision Amount of Penalty Provision Amount of Penalty
Provision Amount of Penalty
Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132, Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132,
Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132,
Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132, Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132,
Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132,
Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132, Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132,
Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132,
and 134 not more than $5,000 and 134 not more than $5,000
and 134 not more than $5,000
Subchapters A, B, and C, Chapter 71 not more than $5,000 Subchapters A, B, and C, Chapter 71 not more than $5,000
Subchapters A, B, and C, Chapter 71 not more than $5,000
Chapter 14 not more than $10,000 Chapter 14 not more than $10,000
Chapter 14 not more than $10,000
Chapter 1951, Occupations Code not more than $5,000 Chapter 1951, Occupations Code not more than $5,000
Chapter 1951, Occupations Code not more than $5,000
Chapter 153, Natural Resources Chapter 153, Natural Resources
Chapter 153, Natural Resources
Code not more than $5,000 Code not more than $5,000
Code not more than $5,000
Section 91.009 not more than $5,000. Section 91.009 not more than $5,000.
Section 91.009 not more than $5,000.
SECTION 2. Section 91.009, Agriculture Code, is amended to
read as follows:
Sec. 91.009. COORDINATION OF PRODUCE [FOOD] SAFETY. (a)
The department is the lead agency for the administration,
implementation, and enforcement of, and education and training
relating to, the United States Food and Drug Administration
Standards for the Growing, Harvesting, Packing, and Holding of
Produce for Human Consumption (21 C.F.R. Part 112) or any successor
federal produce safety rule or standard.
(a-1) The department [and] shall assist the fresh fruit and
vegetable industries with produce [food] safety issues and may
provide assistance to federal agencies in their implementation of
[voluntary] guidelines relating to sound agricultural practices.
(b) The department shall coordinate and[,] plan[, and
approve] training and awareness programs for producers and packers
of fresh fruits and vegetables. A program under this subsection
must inform and educate producers and packers regarding:
(1) sound agricultural practices;
(2) proper produce [food] handling procedures;
(3) the prevention of accidental or deliberately
planned outbreaks of disease; and
(4) the enhancement of overall produce [food] safety.
(c) The department shall coordinate the planning and
implementation of programs required by Subsection (b) with:
(1) colleges and universities in this state;
(2) the Texas A&M AgriLife Extension Service;
(3) Texas A&M AgriLife Research;
(4) the Department of State Health Services; [and]
(5) private industry; and
(6) nongovernmental organizations.
(c-1) The department may enter into a cooperative
agreement, interagency agreement, grant agreement, or memorandum
of understanding with a federal or state agency for the
administration, implementation, or enforcement of this section.
(d) The department may adopt rules to administer,
implement, and enforce this section. In the development of rules
under this section [for the certification of approved food safety
curriculum or training], the department may consider relevant
state, federal, or national standards and may [shall] consult [and
coordinate] with federal or state agencies [the Department of State
Health Services].
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3227 was passed by the House on May 6,
2017, by the following vote: Yeas 118, Nays 26, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3227 was passed by the Senate on May
19, 2017, by the following vote: Yeas 26, Nays 5.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor
Provision Amount of Penalty
Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132,
Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132,
Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132,
and 134 not more than $5,000
Subchapters A, B, and C, Chapter 71 not more than $5,000
Chapter 14 not more than $10,000
Chapter 1951, Occupations Code not more than $5,000
Chapter 153, Natural Resources
Code not more than $5,000
Section 91.009 not more than $5,000.