SB1864 - Relating to egg grading and the selling of ungraded eggs; requiring an occupational license.

  89R31886 SCF-D     By: Johnson, et al. S.B. No. 1864     (Wilson, Alders, Cain, Money, Cortez, et al.)     Substitute the following for S.B. No. 1864:  No.       A BILL TO BE ENTITLED   AN ACT   relating to egg grading and the selling of ungraded eggs; requiring   an occupational license.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 132.002, Agriculture Code, is amended to   read as follows:          Sec. 132.002.   SALE OF UNGRADED EGGS BY PRODUCER [ LIMITATION   OF CHAPTER ]. (a) Except as provided by this section, this [ This ]   chapter does not apply to a person selling only eggs that are   produced by the person's own flock and for which the person does not   claim a grade.           (b)     A person who produces eggs as described by Subsection   (a) may sell any quantity of ungraded eggs directly to consumers in   this state and, subject to Subsections (d) and (e), up to 400 dozen   ungraded eggs per week at wholesale in this state to:                 (1)  restaurants;                 (2)     grocery stores with 25,000 square feet or less of   retail space;                 (3)     farmer's cooperative societies incorporated under   Chapter 51; or                 (4)     cooperative marketing associations incorporated   under Chapter 52.           (c)     A person who sells ungraded eggs as provided by   Subsection (b) shall label the cartons of eggs with a label that:                 (1)  is legible;                 (2)  appears on the top panel of the carton; and                 (3)  contains:                       (A)  the word "ungraded";                       (B)  the producer's name;                       (C)  the producer's address;                         (D)  the date the carton was packed; and                       (E)     if the eggs are sold or offered for sale at   wholesale, the producer's license number as provided by Subsection   (d).             (d)     A person who produces eggs as described by Subsection   (a) may not sell the eggs at wholesale unless the person holds a   license as an ungraded dealer-wholesaler issued by the department.           (e)     A person who sells eggs as described by Subsection (d)   shall:                 (1)  maintain records as provided by Section 132.061;                 (2)     within 36 hours of collecting the eggs,   refrigerate the eggs;                 (3)     maintain the eggs at an ambient temperature of 45   degrees Fahrenheit or below during storage and distribution; and                 (4)     follow the sanitation requirements of Section   132.045 when handling eggs sold or offered for sale at wholesale.           (f)     A state agency or political subdivision may not prohibit   a person described by Section 132.021(b) from purchasing,   reselling, or using eggs described by Subsection (c).          SECTION 2.  As soon as practicable after the effective date   of this Act, the Department of Agriculture shall adopt rules to   implement Section 132.002, Agriculture Code, as amended by this   Act.          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, 2025.