Texas 2021 - 87th Regular

Texas Senate Bill SB1376 Compare Versions

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

Old	New	Differences
1	1	87R3191 BEF-F
2	2	By: Hughes S.B. No. 1376
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the administration, implementation, and enforcement of
8	8	federal produce safety standards by the Department of Agriculture.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 91.009, Agriculture Code, is amended by
11	11	amending Subsections (a) and (c-1) and adding Subsections (e) and
12	12	(f) to read as follows:
13	13	(a) The department shall administer, implement, and enforce
14	14	in this state [is the lead agency for the administration,
15	15	implementation, and enforcement of, and education and training
16	16	relating to,] the United States Food and Drug Administration
17	17	Standards for the Growing, Harvesting, Packing, and Holding of
18	18	Produce for Human Consumption (21 C.F.R. Part 112) or any successor
19	19	federal produce safety rule or standard. This section does not
20	20	authorize the department to implement or enforce any other federal
21	21	regulation.
22	22	(c-1) The department may enter into a cooperative
23	23	agreement, interagency agreement, grant agreement, or memorandum
24	24	of understanding with a federal or state agency as necessary to
25	25	carry out the department's [for the] administration,
26	26	implementation, or enforcement of this section.
27	27	(e) With respect to a farm that is not subject to the federal
28	28	rules or standards described by Subsection (a) because the farm
29	29	does not generate more than the threshold amount of revenue from the
30	30	sale of produce to be a covered farm, the department:
31	31	(1) may not use the authority granted by this section
32	32	as justification to physically enter the farm;
33	33	(2) is limited to inquiring about whether the farm
34	34	generates more than the threshold amount of revenue from the sale of
35	35	produce to be a covered farm; and
36	36	(3) may not conduct further investigative activity
37	37	after receiving documentation indicating the farm generates less
38	38	than the threshold amount of revenue from the sale of produce to be
39	39	a covered farm.
40	40	(f) The department's rules may not impose additional or more
41	41	burdensome requirements than those provided by the federal rules or
42	42	standards described by Subsection (a). Specifically, the
43	43	department may not:
44	44	(1) require registration of a farm that is not covered
45	45	by, is exempt from, or is eligible for a qualified exemption from
46	46	the rules or standards;
47	47	(2) without probable cause that the farm is violating
48	48	an applicable law, conduct a physical inspection of a farm that is
49	49	not covered by, is exempt from, or is eligible for a qualified
50	50	exemption from the rules or standards; or
51	51	(3) create a new or different standard, including a
52	52	standard for imposing penalties, that is not contained in the
53	53	federal rules or standards.
54	54	SECTION 2. This Act takes effect immediately if it receives
55	55	a vote of two-thirds of all the members elected to each house, as
56	56	provided by Section 39, Article III, Texas Constitution. If this
57	57	Act does not receive the vote necessary for immediate effect, this
58	58	Act takes effect September 1, 2021.