88R13551 KBB-F
By: Thimesch H.B. No. 3373
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. Section 91.009, Agriculture Code, is amended by
amending Subsections (a) and (c-1) and adding Subsections (e) and
(f) 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. This section does not
authorize the department to implement or enforce any other federal
regulation.
(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.
(e) With respect to a farm that is not subject to the federal
rules or standards described by Subsection (a) because the farm
does not generate more than the threshold amount of revenue from the
sale of produce to be a covered farm, the department:
(1) may not use the authority granted by this section
as justification to physically enter the farm;
(2) is limited to inquiring about whether the farm
generates more than the threshold amount of revenue from the sale of
produce to be a covered farm; and
(3) may not conduct further investigative activity
after receiving documentation indicating the farm generates less
than the threshold amount of revenue from the sale of produce to be
a covered farm.
(f) The department's rules may not impose additional or more
burdensome requirements than those provided by the federal rules or
standards described by Subsection (a). Specifically, the
department may not:
(1) require registration of a farm that is not covered
by, is exempt from, or is eligible for a qualified exemption from
the rules or standards;
(2) without probable cause that the farm is violating
an applicable law, conduct a physical inspection of a farm that is
not covered by, is exempt from, or is eligible for a qualified
exemption from the rules or standards; or
(3) create a new or different standard, including a
standard for imposing penalties, that is not contained in the
federal rules or standards.
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, 2023.