| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the administration and enforcement of produce safety |
|
|
standards by the Department of Agriculture; authorizing an |
|
|
administrative penalty. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 12.020(c), Agriculture Code, is amended |
|
|
to read as follows: |
|
|
(c) The provisions of law subject to this section and the |
|
|
applicable penalty amounts are as follows: |
|
|
|
|
|
| Provision |
|
Amount of Penalty |
|
|
|
|
|
|
| Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132, |
|
|
|
|
|
| Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132, |
|
|
|
|
|
| Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132, |
|
|
|
|
|
| and 134 |
|
not more than $5,000 |
|
|
|
|
|
|
|
|
|
|
|
|
| Subchapters A, B, and C, Chapter 71 |
|
not more than $5,000 |
|
|
|
| Chapter 14 |
|
not more than $10,000 |
|
|
|
| Chapter 1951, Occupations Code |
|
not more than $5,000 |
|
|
|
| Chapter 153, Natural Resources |
|
|
|
|
|
| Code |
|
not more than $5,000 |
|
|
|
| Section 91.009 |
|
not more than $5,000. |
|
|
|
SECTION 2. Section 91.009, Agriculture Code, is amended to |
|
|
read as follows: |
|
|
Sec. 91.009. COORDINATION OF PRODUCE [FOOD] SAFETY. (a) |
|
|
The department 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. |
|
|
(a-1) The department [and] shall assist the fresh fruit and |
|
|
vegetable industries with produce [food] safety issues and may |
|
|
provide assistance to federal agencies in their implementation of |
|
|
[voluntary] guidelines relating to sound agricultural practices. |
|
|
(b) The department shall coordinate and[,] plan[, and
|
|
|
approve] training and awareness programs for producers and packers |
|
|
of fresh fruits and vegetables. A program under this subsection |
|
|
must inform and educate producers and packers regarding: |
|
|
(1) sound agricultural practices; |
|
|
(2) proper produce [food] handling procedures; |
|
|
(3) the prevention of accidental or deliberately |
|
|
planned outbreaks of disease; and |
|
|
(4) the enhancement of overall produce [food] safety. |
|
|
(c) The department shall coordinate the planning and |
|
|
implementation of programs required by Subsection (b) with: |
|
|
(1) colleges and universities in this state; |
|
|
(2) the Texas A&M AgriLife Extension Service; |
|
|
(3) Texas A&M AgriLife Research; |
|
|
(4) the Department of State Health Services; [and] |
|
|
(5) private industry; and |
|
|
(6) nongovernmental organizations. |
|
|
(c-1) The department may enter into a cooperative |
|
|
agreement, interagency agreement, grant agreement, or memorandum |
|
|
of understanding with a federal or state agency for the |
|
|
administration, implementation, or enforcement of this section. |
|
|
(d) The department may adopt rules to administer, |
|
|
implement, and enforce this section. In the development of rules |
|
|
under this section [for the certification of approved food safety
|
|
|
curriculum or training], the department may consider relevant |
|
|
state, federal, or national standards and may [shall] consult [and
|
|
|
coordinate] with federal or state agencies [the Department of State
|
|
|
Health Services]. |
|
|
SECTION 3. 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, 2017. |
