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AN ACT
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relating to the administration and enforcement of produce safety |
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standards by the Department of Agriculture; authorizing an |
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administrative penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 12.020(c), Agriculture Code, is amended |
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to read as follows: |
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(c) The provisions of law subject to this section and the |
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applicable penalty amounts are as follows: |
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| Provision |
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Amount of Penalty |
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| Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132, |
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| Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132, |
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| Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132, |
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| and 134 |
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not more than $5,000 |
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| Subchapters A, B, and C, Chapter 71 |
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not more than $5,000 |
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| Chapter 14 |
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not more than $10,000 |
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| Chapter 1951, Occupations Code |
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not more than $5,000 |
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| Chapter 153, Natural Resources |
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| Code |
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not more than $5,000 |
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| Section 91.009 |
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not more than $5,000. |
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SECTION 2. Section 91.009, Agriculture Code, is amended to |
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read as follows: |
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Sec. 91.009. COORDINATION OF PRODUCE [FOOD] SAFETY. (a) |
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The department is the lead agency for the administration, |
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implementation, and enforcement of, and education and training |
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relating to, the United States Food and Drug Administration |
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Standards for the Growing, Harvesting, Packing, and Holding of |
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Produce for Human Consumption (21 C.F.R. Part 112) or any successor |
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federal produce safety rule or standard. |
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(a-1) The department [and] shall assist the fresh fruit and |
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vegetable industries with produce [food] safety issues and may |
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provide assistance to federal agencies in their implementation of |
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[voluntary] guidelines relating to sound agricultural practices. |
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(b) The department shall coordinate and[,] plan[, and
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approve] training and awareness programs for producers and packers |
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of fresh fruits and vegetables. A program under this subsection |
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must inform and educate producers and packers regarding: |
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(1) sound agricultural practices; |
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(2) proper produce [food] handling procedures; |
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(3) the prevention of accidental or deliberately |
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planned outbreaks of disease; and |
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(4) the enhancement of overall produce [food] safety. |
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(c) The department shall coordinate the planning and |
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implementation of programs required by Subsection (b) with: |
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(1) colleges and universities in this state; |
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(2) the Texas A&M AgriLife Extension Service; |
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(3) Texas A&M AgriLife Research; |
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(4) the Department of State Health Services; [and] |
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(5) private industry; and |
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(6) nongovernmental organizations. |
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(c-1) The department may enter into a cooperative |
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agreement, interagency agreement, grant agreement, or memorandum |
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of understanding with a federal or state agency for the |
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administration, implementation, or enforcement of this section. |
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(d) The department may adopt rules to administer, |
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implement, and enforce this section. In the development of rules |
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under this section [for the certification of approved food safety
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curriculum or training], the department may consider relevant |
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state, federal, or national standards and may [shall] consult [and
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coordinate] with federal or state agencies [the Department of State
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Health Services]. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3227 was passed by the House on May 6, |
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2017, by the following vote: Yeas 118, Nays 26, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3227 was passed by the Senate on May |
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19, 2017, by the following vote: Yeas 26, Nays 5. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |