Texas 2023 - 88th Regular

Texas House Bill HB3373 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R22615 KBB-F
2	2	By: Thimesch, Harris of Anderson, Rosenthal, H.B. No. 3373
3	3	Goodwin, Orr, et al.
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the administration, implementation, and enforcement of
9	9	federal produce safety standards by the Department of Agriculture.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 91.009, Agriculture Code, is amended by
12	12	amending Subsections (a) and (c-1) and adding Subsections (e), (f),
13	13	(g), (h), (i), and (j) to read as follows:
14	14	(a) The department shall administer, implement, and enforce
15	15	in this state [is the lead agency for the administration,
16	16	implementation, and enforcement of], and provide education and
17	17	training relating to, the United States Food and Drug
18	18	Administration Standards for the Growing, Harvesting, Packing, and
19	19	Holding of Produce for Human Consumption (21 C.F.R. Part 112) or any
20	20	successor federal produce safety rule or standard. This section
21	21	does not authorize the department to implement or enforce any other
22	22	federal regulation.
23	23	(c-1) The department may enter into a cooperative
24	24	agreement, interagency agreement, grant agreement, or memorandum
25	25	of understanding with a federal or state agency as necessary to
26	26	carry out the department's [for the] administration,
27	27	implementation, or enforcement of this section.
28	28	(e) The department shall provide a farmer with the option to
29	29	provide the information necessary to determine whether a farm is
30	30	covered by, is not covered by, is exempt from, or meets the criteria
31	31	for a qualified exemption from 12 C.F.R. Part 112 by telephone call,
32	32	videoconference, or another remote method. If a farmer chooses to
33	33	provide the information using a remote method, the department may
34	34	conduct an on-farm interview only:
35	35	(1) after three failed attempts to conduct the remote
36	36	interview; or
37	37	(2) as a follow-up to a remote interview when the
38	38	information provided is incomplete or insufficient.
39	39	(f) The department may not use the authority granted by this
40	40	section as justification to:
41	41	(1) inquire about the amount of revenue generated by a
42	42	farm more often than every three years after the date the farm
43	43	establishes that it is not subject to the federal rules or standards
44	44	described by Subsection (a) because it does not generate more than
45	45	the threshold amount of revenue from the sale of produce to be a
46	46	covered farm; or
47	47	(2) conduct further investigative activity after
48	48	receiving documentation indicating that a farm generates less than
49	49	the threshold amount of revenue from the sale of produce to be a
50	50	covered farm under the federal rules or standards described by
51	51	Subsection (a).
52	52	(g) Subsection (f) does not prevent the department from
53	53	collecting data regarding the type of commodities grown by a farm
54	54	and whether those commodities are covered produce under the federal
55	55	rules or standards described by Subsection (a).
56	56	(h) The department's rules may not impose additional or more
57	57	burdensome requirements than those provided by the federal rules or
58	58	standards described by Subsection (a). Specifically, the
59	59	department may not:
60	60	(1) require registration of a farm that is not covered
61	61	by, is exempt from, or meets the criteria for a qualified exemption
62	62	from the rules or standards;
63	63	(2) without probable cause that the farm is violating
64	64	an applicable law, conduct a physical inspection of a farm that is
65	65	not covered by, is exempt from, or meets the criteria for a
66	66	qualified exemption from the rules or standards; or
67	67	(3) create a new or different standard that is not
68	68	contained in the federal rules or standards or required under other
69	69	law.
70	70	(i) Information collected by the department for purposes of
71	71	this section is confidential and not subject to disclosure under
72	72	Chapter 552, Government Code.
73	73	(j) The department may use information collected for
74	74	purposes of this section to determine whether farms are covered by,
75	75	are not covered by, are exempt from, or meet the criteria for a
76	76	qualified exemption from the federal rules or standards described
77	77	by Subsection (a).
78	78	SECTION 2. This Act takes effect immediately if it receives
79	79	a vote of two-thirds of all the members elected to each house, as
80	80	provided by Section 39, Article III, Texas Constitution. If this
81	81	Act does not receive the vote necessary for immediate effect, this
82	82	Act takes effect September 1, 2023.