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<DIV> please call to support the latest local foods bill (SB 81) in
Texas!<IMG style="BORDER-BOTTOM: white 10px solid; BORDER-LEFT: white 10px solid; FLOAT: right; BORDER-TOP: white 10px solid; BORDER-RIGHT: white 10px solid" alt="canned beets and pickles" src="https://secureimages.capwiz.com/SSLProxy/images/140photos/beetsandpickles140.jpg?host=www.organicconsumers.org&port=80&path_query=%2Fimages%2F140photos%2Fbeetsandpickles140.jpg" width=140 height=211><BR><BR>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.<BR><BR>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.<BR><BR>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.<BR><BR>TAKE
ACTION:<BR><BR>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.<BR><BR>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.<BR><BR> 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 <A title="urgent:%20Calls%20needed%20to%20help%20local%20foods%20in%20Texas%20%20The%20local%20foods%20bills%20%28HB%202084%20and%20HB%203387%29%20died%20in%20the%20legislative%20process,%20but%20important%20portions%20of%20these%20bills%20have%20now%20been%20amended%20onto%20a%20general%20food%20safety%20bill,%20SB%2081.%20%20The%20amended%20version%20of%20SB%2081%20will%20now%20go%20back%20to%20the%20Senate.%20%20The%20Senators%20can%20either%20concur%20in%20the%20amendments%20or%20the%20bill%20will%20have%20to%20go%20to%20conference%20committee%20where%20the%20differences%20in%20the%20two%20versions%20will%20be%20negotiated.%20%20We%20need%20your%20help%20to%20keep%20these%20important%20amendments%20in%20SB%2081%21%20%20Time%20is%20very%20short.%20%20The%20final%20version%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%29%09%20Call%20Senator%20Nelson,%20Chair%20of%20Health%20and%20Human%20Services%20Committee,%20at%20512-463-0360.%20%20She%20is%20the%20author%20of%20SB%2081,%20and%20her%20support%20is%20critical.%20%20Message:%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%29%09%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%20online%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%29%09%20Call%20Lieutenant%20Governor%20Dewhurst%20at%20512-463-0001%20and%20urge%20him%20to%20support%20the%20cottage%20foods%20and%20farmers%20market%20amendment%20to%20SB%2081.%20%20%20Many%20thanks%20to%20Chairwoman%20Kolkhorst%20and%20Representative%20Rodriguez%20for%20introducing%20the%20original%20bills%20and%20for%20sponsoring%20these%20amendments.%20%20%20MORE%20INFORMATION%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%20one%20thing:%20it%20required%20wholesalers%20who%20package,%20wash,%20or%20ship%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%20occurred%20due%20to%20problems%20in%20the%20handling%20chain%20in%20the%20mainstream%20food%20system.%20%20Representative%20Kolkhorst%20sponsored%20the%20bill%20in%20the%20House,%20and%20the%20House%20Public%20Health%20Committee%20adopted%20two%20changes%20to%20the%20original%20bill:%20%281%29%20creating%20a%20voluntary%20food%20safety%20best%20practice%20education%20program,%20and%20providing%20that%20wholesale%20produce%20businesses%20who%20take%20that%20program%20may%20be%20inspected%20less%20often%20%28thereby%20prioritizing%20education%20over%20inspections%20in%20preventing%20foodborne%20illness%29;%20and%20%282%29%20requiring%20that%20when%20the%20State%20Health%20Department%20adopts%20a%20federal%2 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%20Representative%20Rodriguez%20added%20two%20of%20the%20farmers%20market%20provisions%20from%20HB%203387.%20%20Cottage%20Foods%20Amendment%20%20Under%20current%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%20small-scale%20producers.%20%20%20%20The%20Kolkhost%20Amendment%20allows%20small-scale%20producers%20to%20sell%20specific%20low-risk%20foods%20directly%20to%20consumers%20without%20the%20expense%20and%20burdens%20of%20the%20current%20regulations.%20%20The%20listed%20foods%20are%20baked%20goods,%20jams,%20jellies,%20and% 20dried%20herbs,%20all%20of%20which%20are%20recognized%20as%20non-hazardous%20by%20FDA.%20%20Individuals%20selling%20less%20than%20$50,000%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%" href="URGENT:%20Calls%20needed%20to%20help%20local%20foods%20in%20Texas%20%20The%20local%20foods%20bills%20%28HB%202084%20and%20HB%203387%29%20died%20in%20the%20legislative%20process,%20but%20important%20portions%20of%20these%20bills%20have%20now%20been%20amended%20onto%20a%20general%20food%20safety%20bill,%20SB%2081.%20%20The%20amended%20version%20of%20SB%2081%20will%20now%20go%20back%20to%20the%20Senate.%20%20The%20Senators%20can%20either%20concur%20in%20the%20amendments%20or%20the%20bill%20will%20have%20to%20go%20to%20conference%20committee%20where%20the%20differences%20in%20the%20two%20versions%20will%20be%20negotiated.%20%20We%20need%20your%20help%20to%20keep%20these%20important%20amendments%20in%20SB%2081%21%20%20Time%20is%20very%20short.%20%20The%20final%20version%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%29%09%20Call%20Senator%20Nelson,%20Chair%20of%20Health%20and%20Human%20Services%20Committee,%20at%20512-463-0360.%20%20She%20is%20the%20author%20of%20SB%2081,%20and%20her%20support%20is%20critical.%20%20Message:%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%29%09%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%20online%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%29%09%20Call%20Lieutenant%20Governor%20Dewhurst%20at%20512-463-0001%20and%20urge%20him%20to%20support%20the%20cottage%20foods%20and%20farmers%20market%20amendment%20to%20SB%2081.%20%20%20Many%20thanks%20to%20Chairwoman%20Kolkhorst%20and%20Representative%20Rodriguez%20for%20introducing%20the%20original%20bills%20and%20for%20sponsoring%20these%20amendments.%20%20%20MORE%20INFORMATION%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%20one%20thing:%20it%20required%20wholesalers%20who%20package,%20wash,%20or%20ship%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%20occurred%20due%20to%20problems%20in%20the%20handling%20chain%20in%20the%20mainstream%20food%20system.%20%20Representative%20Kolkhorst%20sponsored%20the%20bill%20in%20the%20House,%20and%20the%20House%20Public%20Health%20Committee%20adopted%20two%20changes%20to%20the%20original%20bill:%20%281%29%20creating%20a%20voluntary%20food%20safety%20best%20practice%20education%20program,%20and%20providing%20that%20wholesale%20produce%20businesses%20who%20take%20that%20program%20may%20be%20inspected%20less%20often%20%28thereby%20prioritizing%20education%20over%20inspections%20in%20preventing%20foodborne%20illness%29;%20and%20%282%29%20requiring%20that%20when%20the%20State%20Health%20Department%20adopts%20a%20federal%2 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%20Representative%20Rodriguez%20added%20two%20of%20the%20farmers%20market%20provisions%20from%20HB%203387.%20%20Cottage%20Foods%20Amendment%20%20Under%20current%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%20small-scale%20producers.%20%20%20%20The%20Kolkhost%20Amendment%20allows%20small-scale%20producers%20to%20sell%20specific%20low-risk%20foods%20directly%20to%20consumers%20without%20the%20expense%20and%20burdens%20of%20the%20current%20regulations.%20%20The%20listed%20foods%20are%20baked%20goods,%20jams,%20jellies,%20and% 20dried%20herbs,%20all%20of%20which%20are%20recognized%20as%20non-hazardous%20by%20FDA.%20%20Individuals%20selling%20less%20than%20$50,000%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%" target=_blank>http://www.fyi.legis.state.tx.us/</A><BR><BR>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.<BR><BR> 3)
Call Lieutenant Governor Dewhurst at 512-463-0001 and urge him to
support the cottage foods and farmers market amendment to SB
81.<BR><BR> Many thanks to Chairwoman Kolkhorst and Representative
Rodriguez for introducing the original bills and for sponsoring these
amendments.<BR><BR> MORE INFORMATION<BR><BR>You can read the
amendments at <A title=http://capwiz.com/grassrootsnetroots/utr/1/LTCUPWUKGT/OWIYPWUKIJ/6956000276 href="http://capwiz.com/grassrootsnetroots/utr/1/LTCUPWUKGT/OWIYPWUKIJ/6956000276" target=_blank>http://www.capitol.state.tx.us/BillLookup/Amendments.aspx?LegSess=82R&Bill=SB81</A><BR><BR>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.<BR><BR>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.<BR><BR>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.<BR><BR>Cottage Foods
Amendment<BR><BR>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. <BR><BR>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.<BR><BR>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.<BR><BR>Farmers Market Amendment<BR><BR>The Rodriguez
Amendment helps farmers market vendors on two issues:<BR><BR>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.<BR><BR>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.<BR><BR> 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.<BR><BR>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. <BR><BR> 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.<BR><BR> 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!<BR><BR>For more information, go to
OCA's Texas State page: <A title=http://capwiz.com/grassrootsnetroots/utr/1/LTCUPWUKGT/EWSQPWUKIK/6956000276 href="http://capwiz.com/grassrootsnetroots/utr/1/LTCUPWUKGT/EWSQPWUKIK/6956000276" target=_blank>http://www.organicconsumers.org/state/TX.cfm </A>or visit
the Farm and Ranch Freedom Alliance at <SPAN style="FONT-FAMILY: 'Times New Roman'; FONT-SIZE: 12pt"><A title=http://capwiz.com/grassrootsnetroots/utr/1/LTCUPWUKGT/ACOJPWUKIL/6956000276 href="http://capwiz.com/grassrootsnetroots/utr/1/LTCUPWUKGT/ACOJPWUKIL/6956000276">www.FarmAndRanchFreedom.org</A>
</SPAN></DIV></DIV>
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