By: Johnson S.B. No. 1864
(In the Senate - Filed March 4, 2025; March 17, 2025, read
first time and referred to Committee on Health & Human Services;
April 14, 2025, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; April 14, 2025,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 1864 By: Hancock
A BILL TO BE ENTITLED
AN ACT
relating to egg grading and the selling of ungraded eggs;
authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 132.002, Agriculture Code, is amended to
read as follows:
Sec. 132.002. SALE OF UNGRADED EGGS BY PRODUCER [LIMITATION
OF CHAPTER]. (a) Except as provided by this section, this [This]
chapter does not apply to a person selling only eggs that are
produced by the person's own flock and for which the person does not
claim a grade.
(b) A person who produces eggs as described by Subsection
(a) may sell any quantity of ungraded eggs directly to consumers in
this state and, subject to Subsections (d) and (e), up to 500 dozen
ungraded eggs per week at wholesale in this state.
(c) A person who sells ungraded eggs as provided by
Subsection (b) shall label the cartons of eggs with a label that:
(1) is legible;
(2) appears on the top panel of the carton; and
(3) contains:
(A) the word "ungraded";
(B) the producer's name;
(C) the producer's address;
(D) the date the carton was packed; and
(E) if the eggs are sold or offered for sale at
wholesale, the producer's registration number as provided by
Subsection (d).
(d) A person must register with the department if the person
produces eggs as described by Subsection (a) and sells the eggs at
wholesale. The department may set an annual registration fee of not
more than $50.
(e) A person who sells eggs as described by Subsection (d)
shall:
(1) maintain records as provided by Section 132.061;
(2) within 36 hours of collecting the eggs,
refrigerate the eggs;
(3) maintain the eggs at an ambient temperature of 45
degrees Fahrenheit or below during storage and distribution; and
(4) follow the sanitation requirements of Section
132.045 when handling eggs sold or offered for sale at wholesale.
(f) A state agency or political subdivision may not prohibit
a person described by Section 132.021(b) from purchasing,
reselling, or using eggs described by Subsection (c).
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, 2025.
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