85R5660 BEF-F     By: Lucio S.B. No. 1668       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.