Texas 2017 - 85th Regular

Texas Senate Bill SB1668 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R5660 BEF-F
2	2	By: Lucio S.B. No. 1668
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the administration and enforcement of produce safety
8	8	standards by the Department of Agriculture; authorizing an
9	9	administrative penalty.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 12.020(c), Agriculture Code, is amended
12	12	to read as follows:
13	13	(c) The provisions of law subject to this section and the
14	14	applicable penalty amounts are as follows:
15	15	Provision Amount of Penalty Provision Amount of Penalty
16	16	Provision Amount of Penalty
17	17	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,
18	18	Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132,
19	19	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,
20	20	Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132,
21	21	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,
22	22	Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132,
23	23	and 134 not more than $5,000 and 134 not more than $5,000
24	24	and 134 not more than $5,000
25	25	Subchapters A, B, and C, Chapter 71 not more than $5,000 Subchapters A, B, and C, Chapter 71 not more than $5,000
26	26	Subchapters A, B, and C, Chapter 71 not more than $5,000
27	27	Chapter 14 not more than $10,000 Chapter 14 not more than $10,000
28	28	Chapter 14 not more than $10,000
29	29	Chapter 1951, Occupations Code not more than $5,000 Chapter 1951, Occupations Code not more than $5,000
30	30	Chapter 1951, Occupations Code not more than $5,000
31	31	Chapter 153, Natural Resources Chapter 153, Natural Resources
32	32	Chapter 153, Natural Resources
33	33	Code not more than $5,000 Code not more than $5,000
34	34	Code not more than $5,000
35	35	Section 91.009 not more than $5,000. Section 91.009 not more than $5,000.
36	36	Section 91.009 not more than $5,000.
37	37	SECTION 2. Section 91.009, Agriculture Code, is amended to
38	38	read as follows:
39	39	Sec. 91.009. COORDINATION OF PRODUCE [FOOD] SAFETY. (a)
40	40	The department is the lead agency for the administration,
41	41	implementation, and enforcement of, and education and training
42	42	relating to, the United States Food and Drug Administration
43	43	Standards for the Growing, Harvesting, Packing, and Holding of
44	44	Produce for Human Consumption (21 C.F.R. Part 112) or any successor
45	45	federal produce safety rule or standard.
46	46	(a-1) The department [and] shall assist the fresh fruit and
47	47	vegetable industries with produce [food] safety issues and may
48	48	provide assistance to federal agencies in their implementation of
49	49	[voluntary] guidelines relating to sound agricultural practices.
50	50	(b) The department shall coordinate and[,] plan[, and
51	51	approve] training and awareness programs for producers and packers
52	52	of fresh fruits and vegetables. A program under this subsection
53	53	must inform and educate producers and packers regarding:
54	54	(1) sound agricultural practices;
55	55	(2) proper produce [food] handling procedures;
56	56	(3) the prevention of accidental or deliberately
57	57	planned outbreaks of disease; and
58	58	(4) the enhancement of overall produce [food] safety.
59	59	(c) The department shall coordinate the planning and
60	60	implementation of programs required by Subsection (b) with:
61	61	(1) colleges and universities in this state;
62	62	(2) the Texas A&M AgriLife Extension Service;
63	63	(3) Texas A&M AgriLife Research;
64	64	(4) the Department of State Health Services; [and]
65	65	(5) private industry; and
66	66	(6) nongovernmental organizations.
67	67	(c-1) The department may enter into a cooperative
68	68	agreement, interagency agreement, grant agreement, or memorandum
69	69	of understanding with a federal or state agency for the
70	70	administration, implementation, or enforcement of this section.
71	71	(d) The department may adopt rules to administer,
72	72	implement, and enforce this section. In the development of rules
73	73	under this section [for the certification of approved food safety
74	74	curriculum or training], the department may consider relevant
75	75	state, federal, or national standards and may [shall] consult [and
76	76	coordinate] with federal or state agencies [the Department of State
77	77	Health Services].
78	78	SECTION 3. This Act takes effect immediately if it receives
79	79	a vote of two-thirds of all the members elected to each house, as
80	80	provided by Section 39, Article III, Texas Constitution. If this
81	81	Act does not receive the vote necessary for immediate effect, this
82	82	Act takes effect September 1, 2017.
83	83
84	84	Provision Amount of Penalty
85	85
86	86
87	87
88	88	Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132,
89	89
90	90	Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132,
91	91
92	92	Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132,
93	93
94	94	and 134 not more than $5,000
95	95
96	96
97	97
98	98
99	99
100	100
101	101
102	102	Subchapters A, B, and C, Chapter 71 not more than $5,000
103	103
104	104	Chapter 14 not more than $10,000
105	105
106	106	Chapter 1951, Occupations Code not more than $5,000
107	107
108	108	Chapter 153, Natural Resources
109	109
110	110	Code not more than $5,000
111	111
112	112	Section 91.009 not more than $5,000.