1 | 1 | | S.B. No. 691 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | AN ACT |
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5 | 5 | | relating to an animal share exemption for certain meat and meat food |
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6 | 6 | | products; providing a civil penalty. |
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7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 8 | | SECTION 1. Subchapter A, Chapter 433, Health and Safety |
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9 | 9 | | Code, is amended by adding Section 433.0065 to read as follows: |
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10 | 10 | | Sec. 433.0065. ANIMAL SHARE EXEMPTION; CIVIL PENALTY. (a) |
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11 | 11 | | In this section, "animal share" means an ownership interest in one |
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12 | 12 | | or more identified livestock animals created by a contract between |
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13 | 13 | | a farmer or rancher who owns the livestock and a prospective |
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14 | 14 | | co-owner of the livestock. |
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15 | 15 | | (b) An animal share executed by a co-owner and a farmer or |
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16 | 16 | | rancher under this section must include: |
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17 | 17 | | (1) a bill of sale the farmer or rancher provides to |
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18 | 18 | | the co-owner conveying an ownership interest in the livestock; |
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19 | 19 | | (2) a provision authorizing the farmer or rancher to |
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20 | 20 | | board the livestock and arrange preparation of the livestock as |
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21 | 21 | | meat and meat food products for the co-owner; and |
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22 | 22 | | (3) a provision entitling the co-owner to a share of |
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23 | 23 | | meat and meat food products derived from the livestock. |
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24 | 24 | | (c) The provisions of this chapter requiring inspection of |
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25 | 25 | | livestock before slaughter and inspection of the preparation of |
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26 | 26 | | meat and meat food products do not apply to the slaughter of |
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27 | 27 | | livestock and preparation of meat and meat food products if: |
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28 | 28 | | (1) ownership of the livestock under an animal share |
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29 | 29 | | is established before the livestock is slaughtered and the meat and |
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30 | 30 | | meat food products are prepared; |
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31 | 31 | | (2) the meat and meat food products are: |
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32 | 32 | | (A) prepared from livestock subject to an animal |
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33 | 33 | | share and delivered to the establishment preparing the products by |
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34 | 34 | | the farmer or rancher boarding the livestock; and |
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35 | 35 | | (B) following preparation, delivered directly to |
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36 | 36 | | the co-owner; |
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37 | 37 | | (3) on delivery of the meat or meat food products to |
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38 | 38 | | the co-owner, the establishment provides to the co-owner notice |
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39 | 39 | | that the department has not inspected the meat or meat food products |
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40 | 40 | | in: |
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41 | 41 | | (A) a separate written statement that |
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42 | 42 | | prominently displays the warning; or |
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43 | 43 | | (B) a warning statement prominently displayed on |
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44 | 44 | | a label affixed to the meat or meat food product packaging; |
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45 | 45 | | (4) the label affixed to the meat or meat food product |
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46 | 46 | | clearly and conspicuously states "Not for Sale"; and |
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47 | 47 | | (5) the farmer or rancher provides to the co-owner |
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48 | 48 | | information describing the standards the farmer or rancher followed |
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49 | 49 | | in maintaining livestock health and preparing the meat and meat |
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50 | 50 | | food products derived from the livestock. |
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51 | 51 | | (d) A person may not sell, donate, or commercially |
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52 | 52 | | redistribute meat or meat food products produced in accordance with |
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53 | 53 | | this section. A person who violates this subsection is liable to |
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54 | 54 | | this state for a civil penalty in the amount of $10,000 for each |
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55 | 55 | | violation. The attorney general may bring an action to recover a |
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56 | 56 | | civil penalty authorized under this subsection and may recover |
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57 | 57 | | reasonable expenses incurred in obtaining the civil penalty, |
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58 | 58 | | including court costs, attorney's fees, investigative costs, |
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59 | 59 | | witness fees, and deposition expenses. |
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60 | 60 | | (e) A farmer or rancher may not publish a statement that |
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61 | 61 | | implies department approval or endorsement regarding meat or meat |
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62 | 62 | | food products delivered pursuant to an animal share. |
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63 | 63 | | (f) The adulteration and misbranding provisions of this |
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64 | 64 | | chapter, other than the requirement of an inspection legend, apply |
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65 | 65 | | to meat or meat food products prepared by a processing |
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66 | 66 | | establishment under this section. |
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67 | 67 | | (g) This section does not authorize the preparation of meat |
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68 | 68 | | or meat food products in violation of the Federal Meat Inspection |
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69 | 69 | | Act (21 U.S.C. Section 601 et seq.). |
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70 | 70 | | SECTION 2. Section 433.024(b), Health and Safety Code, is |
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71 | 71 | | amended to read as follows: |
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72 | 72 | | (b) The department shall inspect each slaughtering |
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73 | 73 | | establishment whose primary business is the selling of livestock to |
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74 | 74 | | be slaughtered by the purchaser on premises owned or operated by the |
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75 | 75 | | seller. This subsection does not nullify the provisions in Section |
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76 | 76 | | 433.006 relating to exemptions or Section 433.0065 relating to an |
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77 | 77 | | animal share exemption. |
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78 | 78 | | SECTION 3. This Act takes effect September 1, 2023. |
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79 | 79 | | ______________________________ ______________________________ |
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80 | 80 | | President of the Senate Speaker of the House |
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81 | 81 | | I hereby certify that S.B. No. 691 passed the Senate on |
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82 | 82 | | April 3, 2023, by the following vote: Yeas 31, Nays 0. |
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83 | 83 | | ______________________________ |
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84 | 84 | | Secretary of the Senate |
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85 | 85 | | I hereby certify that S.B. No. 691 passed the House on |
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86 | 86 | | May 19, 2023, by the following vote: Yeas 126, Nays 17, |
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87 | 87 | | two present not voting. |
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88 | 88 | | ______________________________ |
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89 | 89 | | Chief Clerk of the House |
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90 | 90 | | Approved: |
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91 | 91 | | ______________________________ |
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92 | 92 | | Date |
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93 | 93 | | ______________________________ |
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94 | 94 | | Governor |
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