[PAA-Discuss] *Please* Call to Support Texas Local Foods Bill SB 81!
Juli3 at aol.com
Juli3 at aol.com
Fri May 27 17:42:02 EDT 2011
please call to support the latest local foods bill (SB 81) in Texas!
The local foods bills (HB 2084 and HB 3387) died in the legislative
process, but important portions of these bills have now been amended onto a
general food safety bill, SB 81.
The amended version of SB 81 will now go back to the Senate. The
Senators can either concur in the amendments or the bill will have to go to
conference committee where the differences in the two versions will be negotiated.
We need your help to keep these important amendments in SB 81! Time is
very short. The final version of the bill must be adopted by both chambers
by Sunday night. The legislators are working late at night and through the
whole weekend, so you can call at any time of the day. Please call as soon
as you can.
TAKE ACTION:
1) Call Senator Nelson, Chair of Health and Human Services Committee,
at 512-463-0360. She is the author of SB 81, and her support is critical.
Message: My name is _____. I urge Chairwoman Nelson to concur in the
House Amendments to SB 81, specifically the cottage foods and farmers market
provisions.
2) Call your own Senator. If you are not sure who represents you, you
can call the Capitol Switchboard at 512-463-4630 and ask to be connected,
or look up your Senator online at _http://www.fyi.legis.state.tx.us/_
(URGENT:%20Calls%20needed%20to%20help%20local%20foods%20in%20Texas%20%20The%20loca
l%20foods%20bills%20(HB%202084%20and%20HB%203387)%20died%20in%20the%20legisl
ative%20process,%20but%20important%20portions%20of%20these%20bills%20have%20
now%20been%20amended%20onto%20a%20general%20food%20safety%20bill,%20SB%2081.
%20%20The%20amended%20version%20of%20SB%2081%20will%20now%20go%20back%20to%2
0the%20Senate.%20%20The%20Senators%20can%20either%20concur%20in%20the%20amen
dments%20or%20the%20bill%20will%20have%20to%20go%20to%20conference%20committ
ee%20where%20the%20differences%20in%20the%20two%20versions%20will%20be%20neg
otiated.%20%20We%20need%20your%20help%20to%20keep%20these%20important%20amen
dments%20in%20SB%2081!%20%20Time%20is%20very%20short.%20%20The%20final%20ver
sion%20of%20the%20bill
%20must%20be%20adopted%20by%20both%20chambers%20by%20Sunday%20night.%20%20The%20legislators%20are%20working%20late%20at%20night%
20and%20through%20the%20whole%20weekend,%20so%20you%20can%20ca
ll%20at%20any%20time%20of%20the%20day.%20%20Please%20call%20as%20soon%20as%20you%20can.%
20%20TAKE%20ACTION:%20%201)
%20Call%20Senator%20Nelson,%20Chair%20of%20Health%20and%20Human%20Services%20Committee,%20at%20512-463-0360.%20%20She%20is%2
0the%20author%20of%20SB%2081,%20and%20her%20support%20is%20critical.%20%20Me
ssage:
%20My%20name%20is%20_____.%20%20I%20urge%20Chairwoman%20Nelson%20to%20concur%20in%20the%20House%20Amendments%20to%20SB%2081,%20specifically%20the%
20cottage%20foods%20and%20farmers%20market%20provisions.%20%20%202)
%20Call%20your%20own%20Senator.%20%20If%20you%20are%20not%20sure%20who%20represents%
20you,%20you%20can%20call%20the%20Capitol%20Switchboard%20at%20512-463-4630%
20and%20ask%20to%20be%20connected,%20or%20look%20up%20your%20Senator%20onlin
e%20at%20http://www
.fyi.legis.state.tx.us/%20%20Message:%20My%20name%20is%20_____.%20%20I%20am%20a%20constituent,%20and%20I%20urge%20Senator%20______%
20to%20concur%20in%20the%20House%20Amendments%20to%20SB%208
1,%20specifically%20the%20cottage%20foods%20and%20farmers%20market%20provisions.%20%20%203)
%20Call%20Lieutenant%20Governor%20Dewhurst%20at%20512-463-0001%20and%20urge%20him%20to%20support%20the%20cottage%20foods%20and%20farmers%20market%20
amendment%20to%20SB%2081.%20%20%20Many%20thanks%20to%20Chairwoman%20Kolkhors
t%20and%20Representative%20Rodriguez%20for%20introducing%20the%20original%20
bills%20and%20for%20sponsoring%20these%20amendments.%20%20%20MORE%20INFORMAT
ION%20%20You%20can%20read%20the%20amendments%20at%20http://www.capitol.state
.tx.us/BillLookup/Amendments.aspx?LegSess=82R&Bill=SB81%20%20The%20original%
20version%20of%20SB%2081,%20as%20authored%20by%20Senator%20Nelson,%20did%20o
ne%20thing:%20it%20required%20wholesalers%20who%20package,%20wash,%20or%20sh
ip%20fruit%20or%20v
egetables%20to%20obtain%20a%20license.%20%20The%20bill%20continues%20to%20exempt%20farmers%20selling%20their%20own%20produce%20from
%20the%20farm%20from%20licensing.%20The%20bill%20was%20intr
oduced%20because%20of%20the%20many%20foodborne%20illness%20outbreaks%20that%20have%20occurr
ed%20due%20to%20problems%20in%20the%20handling%20chain%20in%20the%20mainstre
am%20food%20system.%20%20Representative%20Kolkhorst%20sponsored%20the%20bill
%20in%20the%20House,%20and%20the%20House%20Public%20Health%20Committee%20ado
pted%20two%20changes%20to%20the%20original%20bill:%20(1)%20creating%20a%20vo
luntary%20food%20safety%20best%20practice%20education%20program,%20and%20pro
viding%20that%20wholesale%20produce%20businesses%20who%20take%20that%20progr
am%20may%20be%20inspected%20less%20often%20(thereby%20prioritizing%20educati
on%20over%20inspections%20in%20preventing%20foodborne%20illness);%20and%20(2
)%20requiring%20that%20when%20the%20State%20Health%20Department%20adopts%20a
%20federal
0rule,%20the%20Department%20publish%20notice%20of%20the%20rule%20on%20its%20website%20with%20a%20clear%20explanation.%20%20On%20the%20House%
20floor,%20two%20more%20changes%20were%20made.%20
20Representative%20Kolkhorst%20added%20a%20cottage%20foods%20provision%20from%20HB%202084,%20and%20Re
presentative%20Rodriguez%20added%20two%20of%20the%20farmers%20market%20provi
sions%20from%20HB%203387.%20%20Cottage%20Foods%20Amendment%20%20Under%20curr
ent%20law,%20anyone%20who%20prepares%20any%20food%20for%20sale%20must%20have
%20a%20commercial%20kitchen%20license.%20%20The%20cost%20of%20a%20commercial
%20kitchen%20can%20be%20prohibitive%20for%20start-up%20businesses%20and%20sm
all-scale%20producers.%20%20%20%20The%20Kolkhost%20Amendment%20allows%20smal
l-scale%20producers%20to%20sell%20specific%20low-risk%20foods%20directly%20t
o%20consumers%20without%20the%20expense%20and%20burdens%20of%20the%20current
%20regulations.%20%20The%20listed%20foods%20are%20baked%20goods,%20jams,%20j
ellies,%20and
20dried%20herbs,%20all%20of%20which%20are%20recognized%20as%20non-hazardous%20by%20FDA.%20%20Individuals%20selling%20less%20than%20$50,00
0%20of%20these%20foods%20directly%20to%20consumers%20
either%20from%20their%20own%20home%20or%20at%20a%20farmers%20market%20would%20be%20exempt%20from%
20regulation.%20%20The%20only%20requirement%20is%20a%20label%20with)
Message: My name is _____. I am a constituent, and I urge Senator ______
to concur in the House Amendments to SB 81, specifically the cottage foods
and farmers market provisions.
3) Call Lieutenant Governor Dewhurst at 512-463-0001 and urge him to
support the cottage foods and farmers market amendment to SB 81.
Many thanks to Chairwoman Kolkhorst and Representative Rodriguez for
introducing the original bills and for sponsoring these amendments.
MORE INFORMATION
You can read the amendments at
_http://www.capitol.state.tx.us/BillLookup/Amendments.aspx?LegSess=82R&Bill=SB81_
(http://capwiz.com/grassrootsnetroots/utr/1/LTCUPWUKGT/OWIYPWUKIJ/6956000276)
The original version of SB 81, as authored by Senator Nelson, did one
thing: it required wholesalers who package, wash, or ship fruit or vegetables
to obtain a license. The bill continues to exempt farmers selling their
own produce from the farm from licensing. The bill was introduced because of
the many foodborne illness outbreaks that have occurred due to problems in
the handling chain in the mainstream food system.
Representative Kolkhorst sponsored the bill in the House, and the House
Public Health Committee adopted two changes to the original bill: (1)
creating a voluntary food safety best practice education program, and providing
that wholesale produce businesses who take that program may be inspected less
often (thereby prioritizing education over inspections in preventing
foodborne illness); and (2) requiring that when the State Health Department
adopts a federal rule, the Department publish notice of the rule on its
website with a clear explanation.
On the House floor, two more changes were made. Representative Kolkhorst
added a cottage foods provision from HB 2084, and Representative Rodriguez
added two of the farmers market provisions from HB 3387.
Cottage Foods Amendment
Under current law, anyone who prepares any food for sale must have a
commercial kitchen license. The cost of a commercial kitchen can be prohibitive
for start-up businesses and small-scale producers.
The Kolkhost Amendment allows small-scale producers to sell specific
low-risk foods directly to consumers without the expense and burdens of the
current regulations. The listed foods are baked goods, jams, jellies, and
dried herbs, all of which are recognized as non-hazardous by FDA. Individuals
selling less than $50,000 of these foods directly to consumers either from
their own home or at a farmers market would be exempt from regulation. The
only requirement is a label with the producer's contact information and
the statement that the food is not inspected by state or local health
authorities.
At least eighteen other states have similar "cottage foods" laws already
on the books. This amendment benefits local economies and small businesses
by removing unnecessary regulatory burdens and promoting local food
production. It recognizes that food produced by individuals on a small scale is
different from food produced by the industrialized system in which the major
food safety problems have occurred. Direct-to-consumer transactions
provide greater transparency and accountability than could ever be achieved by
government regulations.
Farmers Market Amendment
The Rodriguez Amendment helps farmers market vendors on two issues:
1. Provides clarity to Temporary Food Establishment permits: There has
been a lot of confusion as to whether a local government can issue a
temporary food establishment permit to vendors at farmers markets, because of state
regulations that limit such permits to special events that last no longer
than 14 days. Some local governments have limited the permits to 14 days
out of the whole year, some have limited such permits to 14 days and
allowed renewals, while others have denied farmers market vendors such permits
entirely. This has created significant barriers for farmers and food vendors.
This amendment allows farmers and food vendors at farmers markets to
obtain temporary food establishment permits for up to one year, without limiting
permits based on the number of days during which the farmers market takes
place. It recognizes that farmers markets are special events regardless of
the number of days that they occur on, while providing the flexibility for
local governments to decide the best option for their jurisdiction.
2. Prevents mandatory mechanical refrigeration or electric heating
requirements: Another problem for farmers at farmers markets has been mandatory
mechanical refrigeration or heating, requiring farmers to obtain expensive
equipment that is not needed to maintain safe temperatures. The amendment
allows the Department of State Health Services and local health
authorities to establish safe temperature requirements while barring them from
mandating how a farmer or food vendor would maintain the temperature. Therefore,
food vendors will still have to meet temperature requirements, but without
having to get costly equipment.
The only exception would be when a municipality owns the farmer's market.
In those cases, the municipality may specify the method to comply with
food temperatures.
The Rodriguez Amendment does not apply to farmers markets in a county that
has a population of less than 50,000 people and over which no local health
department has jurisdiction.
Please help our local farmers and food producers by calling your Senator
today and urging him or her to vote to adopt the House amendments to SB 81!
For more information, go to OCA's Texas State page:
_http://www.organicconsumers.org/state/TX.cfm _
(http://capwiz.com/grassrootsnetroots/utr/1/LTCUPWUKGT/EWSQPWUKIK/6956000276) or visit the Farm and Ranch Freedom Alliance at
_www.FarmAndRanchFreedom.org_
(http://capwiz.com/grassrootsnetroots/utr/1/LTCUPWUKGT/ACOJPWUKIL/6956000276)
If you no longer wish to receive e-mail from us, please click _here_
(http://capwiz.com/grassrootsnetroots/lmx/u/?jobid=188632567&queueid=6956000276)
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