Texas 2019 - 86th Regular

Texas House Bill HB410 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 410
	1	+	By: White, Bailes H.B. No. 410
	2	+	(Senate Sponsor - Johnson, Flores, Perry)
	3	+	(In the Senate - Received from the House April 11, 2019;
	4	+	April 17, 2019, read first time and referred to Committee on Health &
	5	+	Human Services; May 20, 2019, reported adversely, with favorable
	6	+	Committee Substitute by the following vote: Yeas 9, Nays 0;
	7	+	May 20, 2019, sent to printer.)
	8	+	Click here to see the committee vote
	9	+	COMMITTEE SUBSTITUTE FOR H.B. No. 410 By: Johnson
2	10
3	11
	12	+	A BILL TO BE ENTITLED
4	13		AN ACT
5		-	relating to the regulation of certain low-volume and other
6		-	livestock processing establishments.
	14	+	relating to the regulation of meat and other food products.
7	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8		-	SECTION 1. Section 433.0245, Health and Safety Code, is
	16	+	SECTION 1. Section 433.003, Health and Safety Code, is
	17	+	amended by adding Subdivisions (1-a), (2-a), (10-a), (11-a),
	18	+	(19-a), (23-a), and (26) to read as follows:
	19	+	(1-a) "Beef" means any edible portion of a formerly
	20	+	live and whole cattle carcass, not derived by synthetic or
	21	+	artificial means.
	22	+	(2-a) "Chicken" means any edible portion of a formerly
	23	+	live and whole chicken carcass, not derived by synthetic or
	24	+	artificial means.
	25	+	(10-a) "Lamb" means any edible portion of a formerly
	26	+	live and whole lamb carcass, not derived by synthetic or artificial
	27	+	means.
	28	+	(11-a) "Meat" means any edible portion of a livestock
	29	+	carcass that does not contain lab-grown, cell cultured, insect, or
	30	+	plant-based products.
	31	+	(19-a) "Pork" means any edible portion of a formerly
	32	+	live and whole swine carcass, not derived by synthetic or
	33	+	artificial means.
	34	+	(23-a) "Rabbit" means any edible portion of a formerly
	35	+	live and whole rabbit, not derived by synthetic or artificial
	36	+	means.
	37	+	(26) "Turkey" means any edible portion of a formerly
	38	+	live and whole turkey carcass, not derived by synthetic or
	39	+	artificial means.
	40	+	SECTION 2. Section 433.005, Health and Safety Code, is
	41	+	amended by adding Subsection (a-1) to read as follows:
	42	+	(a-1) A food product is misbranded if:
	43	+	(1) the food product is misrepresented as harvested
	44	+	meat through the use of false or misleading advertising or
	45	+	labeling; or
	46	+	(2) any part of the food product's labeling includes
	47	+	the terms "meat," "beef," "chicken," "pork," "turkey," "lamb,"
	48	+	"rabbit," or any common variation of those terms and the product
	49	+	does not contain the product described by the term listed on the
	50	+	label.
	51	+	SECTION 3. Section 433.0245, Health and Safety Code, is
9	52		amended by adding Subsections (a-1), (e), and (f) and amending
10	53		Subsections (b), (c), and (d) to read as follows:
11	54		(a-1) For purposes of this section, a low-volume livestock
12	55		processing establishment:
13	56		(1) includes an establishment that processes fewer
14	57		than 10,000 domestic rabbits or more than 1,000 but fewer than
15	58		10,000 poultry in a calendar year; and
16	59		(2) does not include an establishment that processes
17	60		1,000 or fewer poultry raised by the operator of the establishment
18	61		in a calendar year.
19	62		(b) Except as provided by Subsections (e) and (f), a [A]
20	63		low-volume livestock processing establishment that is exempt from
21	64		federal inspection shall register with the department in accordance
22	65		with rules adopted by the executive commissioner for registration.
23	66		(c) Except as provided by Subsections (e) and (f), a [A]
24	67		low-volume livestock processing establishment that is exempt from
25	68		federal inspection shall develop a sanitary operation procedures
26	69		plan.
27	70		(d) Except as provided by Subsection (f), if [If]
28	71		contaminated livestock can be reasonably traced to a low-volume
29	72		livestock processing establishment that is exempt from federal
30	73		inspection, the department may request the attorney general or the
31	74		district or county attorney in the jurisdiction where the facility
32	75		is located to institute a civil suit to enjoin the operation of the
33	76		establishment until the department determines that the
34	77		establishment has been sanitized and is operating safely.
35	78		(e) A low-volume livestock processing establishment that is
36	79		exempt from federal inspection and processes fewer than 500
37	80		domestic rabbits in a calendar year is not required to comply with
38	81		Subsection (b) or (c).
39	82		(f) An establishment described by Subsection (a-1)(2):
40	83		(1) is not subject to additional state regulation; and
41		-	(2) may sell poultry products directly to consumers.
42		-	SECTION 2. This Act takes effect September 1, 2019.
43		-	______________________________ ______________________________
44		-	President of the Senate Speaker of the House
45		-	I certify that H.B. No. 410 was passed by the House on April
46		-	10, 2019, by the following vote: Yeas 147, Nays 0, 1 present, not
47		-	voting; that the House refused to concur in Senate amendments to
48		-	H.B. No. 410 on May 23, 2019, and requested the appointment of a
49		-	conference committee to consider the differences between the two
50		-	houses; and that the House adopted the conference committee report
51		-	on H.B. No. 410 on May 26, 2019, by the following vote: Yeas 141,
52		-	Nays 2, 2 present, not voting.
53		-	______________________________
54		-	Chief Clerk of the House
55		-	I certify that H.B. No. 410 was passed by the Senate, with
56		-	amendments, on May 21, 2019, by the following vote: Yeas 31, Nays
57		-	0; at the request of the House, the Senate appointed a conference
58		-	committee to consider the differences between the two houses; and
59		-	that the Senate adopted the conference committee report on H.B. No.
60		-	410 on May 26, 2019, by the following vote: Yeas 31, Nays 0.
61		-	______________________________
62		-	Secretary of the Senate
63		-	APPROVED: __________________
64		-	Date
65		-	__________________
66		-	Governor
	84	+	(2) may sell poultry products directly to:
	85	+	(A) consumers; and
	86	+	(B) restaurants that provide food for immediate
	87	+	human consumption.
	88	+	SECTION 4. This Act takes effect September 1, 2019.
	89	+	* * * * *