86R12138 BEF-F
By: Hall S.B. No. 1409
A BILL TO BE ENTITLED
AN ACT
relating to the administration, implementation, and enforcement of
federal produce safety standards by the Department of Agriculture.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 91.009(a), (c-1), and (d), Agriculture
Code, are amended to read as follows:
(a) The department shall administer, implement, and enforce
in this state [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.
(c-1) The department may enter into a cooperative
agreement, interagency agreement, grant agreement, or memorandum
of understanding with a federal or state agency as necessary to
carry out the department's [for the] administration,
implementation, or enforcement of this section.
(d) The department may adopt rules to administer,
implement, and enforce this section. The department's rules may not
impose additional or more burdensome requirements than those
provided by the applicable federal rule or standard described by
Subsection (a). In the development of rules under this section, the
department may consider relevant state, federal, or national
standards and may consult with federal or state agencies.
SECTION 2. 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, 2019.