| 1 | 1 | | 86R5948 SRA-F |
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| 2 | 2 | | By: Johnson S.B. No. 789 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to limitations on food regulations at farms, farmers' |
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| 8 | 8 | | markets, and cottage food production operations. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 437.020(a)(2), Health and Safety Code, |
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| 11 | 11 | | is amended to read as follows: |
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| 12 | 12 | | (2) "Food" means an agricultural, apicultural, |
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| 13 | 13 | | horticultural, silvicultural, viticultural, or vegetable product |
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| 14 | 14 | | for human consumption, in either its natural or processed state, |
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| 15 | 15 | | that has been produced or processed or otherwise has had value added |
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| 16 | 16 | | to the product in this state. The term includes: |
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| 17 | 17 | | (A) fish or other aquatic species; |
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| 18 | 18 | | (B) livestock, a livestock product, or a |
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| 19 | 19 | | livestock by-product; |
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| 20 | 20 | | (C) planting seed; |
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| 21 | 21 | | (D) poultry, a poultry product, or a poultry |
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| 22 | 22 | | by-product; |
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| 23 | 23 | | (E) wildlife processed for food or by-products; |
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| 24 | 24 | | (F) a product made from a product described by |
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| 25 | 25 | | this subdivision by a farmer or other producer, including a cottage |
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| 26 | 26 | | food production operation, who grew or processed the product; or |
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| 27 | 27 | | (G) produce. |
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| 28 | 28 | | SECTION 2. Section 437.020, Health and Safety Code, is |
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| 29 | 29 | | amended by adding Subsections (b-1) and (b-2) to read as follows: |
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| 30 | 30 | | (b-1) The department or a local government authority, |
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| 31 | 31 | | including a local health department, may not require a person to |
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| 32 | 32 | | obtain a permit under this chapter to provide samples of food at a |
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| 33 | 33 | | farm or farmers' market under this section. |
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| 34 | 34 | | (b-2) A local government authority, including a local |
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| 35 | 35 | | health department, may not regulate the provision of samples of |
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| 36 | 36 | | food at a farm or farmers' market except as provided by this |
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| 37 | 37 | | chapter. |
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| 38 | 38 | | SECTION 3. Section 437.0201(e), Health and Safety Code, is |
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| 39 | 39 | | amended to read as follows: |
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| 40 | 40 | | (e) The executive commissioner, [or] a state [or local] |
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| 41 | 41 | | enforcement agency, or a local government authority, including a |
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| 42 | 42 | | local health department, may not adopt a rule requiring a farmers' |
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| 43 | 43 | | market to pay a permit fee for: |
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| 44 | 44 | | (1) conducting a cooking demonstration [or providing |
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| 45 | 45 | | samples of food] if the demonstration [or provision of samples] is |
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| 46 | 46 | | conducted for a bona fide educational purpose; or |
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| 47 | 47 | | (2) providing samples of food. |
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| 48 | 48 | | SECTION 4. This Act takes effect September 1, 2019. |
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