Bill Text: TX HB3373 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to the administration, implementation, and enforcement of federal produce safety standards by the Department of Agriculture.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2023-05-10 - Referred to Water, Agriculture, & Rural Affairs [HB3373 Detail]
Download: Texas-2023-HB3373-Engrossed.html
88R22615 KBB-F | ||
By: Thimesch, Harris of Anderson, Rosenthal, | H.B. No. 3373 | |
Goodwin, Orr, et al. |
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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), (f), | ||
(g), (h), (i), and (j) to read as follows: | ||
(a) The department shall administer, implement, and enforce | ||
in this state [ |
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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 [ |
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implementation, or enforcement of this section. | ||
(e) The department shall provide a farmer with the option to | ||
provide the information necessary to determine whether a farm is | ||
covered by, is not covered by, is exempt from, or meets the criteria | ||
for a qualified exemption from 12 C.F.R. Part 112 by telephone call, | ||
videoconference, or another remote method. If a farmer chooses to | ||
provide the information using a remote method, the department may | ||
conduct an on-farm interview only: | ||
(1) after three failed attempts to conduct the remote | ||
interview; or | ||
(2) as a follow-up to a remote interview when the | ||
information provided is incomplete or insufficient. | ||
(f) The department may not use the authority granted by this | ||
section as justification to: | ||
(1) inquire about the amount of revenue generated by a | ||
farm more often than every three years after the date the farm | ||
establishes that it is not subject to the federal rules or standards | ||
described by Subsection (a) because it does not generate more than | ||
the threshold amount of revenue from the sale of produce to be a | ||
covered farm; or | ||
(2) conduct further investigative activity after | ||
receiving documentation indicating that a farm generates less than | ||
the threshold amount of revenue from the sale of produce to be a | ||
covered farm under the federal rules or standards described by | ||
Subsection (a). | ||
(g) Subsection (f) does not prevent the department from | ||
collecting data regarding the type of commodities grown by a farm | ||
and whether those commodities are covered produce under the federal | ||
rules or standards described by Subsection (a). | ||
(h) 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 meets the criteria 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 meets the criteria for a | ||
qualified exemption from the rules or standards; or | ||
(3) create a new or different standard that is not | ||
contained in the federal rules or standards or required under other | ||
law. | ||
(i) Information collected by the department for purposes of | ||
this section is confidential and not subject to disclosure under | ||
Chapter 552, Government Code. | ||
(j) The department may use information collected for | ||
purposes of this section to determine whether farms are covered by, | ||
are not covered by, are exempt from, or meet the criteria for a | ||
qualified exemption from the federal rules or standards described | ||
by Subsection (a). | ||
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. |