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HB19-1114

Agriculture Commissioner Farm Produce Safety

Concerning the implementation under state law by the commissioner of agriculture of federal produce safety standards for farms.
Session:
2019 Regular Session
Subjects:
Agriculture
Public Health
Bill Summary

The bill establishes a state law to implement federal regulations covering produce safety on farms. To implement this, the bill:

  • Authorizes the commissioner of agriculture (commissioner) to enter into a cooperative agreement with the United States food and drug administration and seek, accept, and expend federal funds;
  • Provides for the commissioner to cease implementing the law if the commissioner does not receive adequate federal funding;
  • Requires farms that are covered by federal law, selling more than approximately $25,000 of produce annually on average over a 3-year period, to register with the commissioner;
  • Requires the commissioner to promulgate rules adopting 21 CFR 112, concerning produce safety, and gives the commissioner rule-making authority to administer the bill;
  • Authorizes the commissioner to enter farms and farm facilities during regular business hours to implement or enforce the bill if the commissioner obtains consent or an administrative search warrant;
  • Authorizes the commissioner to inspect records during regular business hours to implement or enforce the bill and to subpoena witnesses and records;
  • Authorizes the commissioner to issue cease-and-desist orders;
  • Prohibits an officer, employee, or agent of the commissioner from misusing information gained during the course of the person's duties;
  • Authorizes the commissioner to impose administrative penalties;
  • If requested, requires the commissioner to hold a hearing to issue a cease-and-desist order or impose an administrative penalty, and this process is subject to judicial review;
  • Authorizes the commissioner to enforce cease-and-desist orders and administrative penalties in court; and
  • Repeals these provisions in 2034, but requires a sunset review before the repeal.
    (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status

Introduced
Passed
Became Law

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Bill Text