Bill Text: TX HB2397 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to the administration, implementation, and enforcement of federal produce safety standards by the Department of Agriculture.

Spectrum: Bipartisan Bill

Status: (Introduced) 2021-03-15 - Referred to Agriculture & Livestock [HB2397 Detail]

Download: Texas-2021-HB2397-Introduced.html
  87R3191 BEF-F
 
  By: Rodriguez H.B. No. 2397
 
 
 
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, 2021.
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