Agriculture Commissioner Farm Produce Safety

Food safety - produce - regulation - continuation under sunset law. The act establishes a state law to implement federal regulations regarding produce safety on farms. To implement this, the act:

• Authorizes the commissioner of agriculture to enter into a cooperative agreement with the United States food and drug administration and seek, accept, and expend federal funds;
• Authorizes the commissioner to cease implementing the state law if the commissioner does not receive adequate federal funding;
• Requires farms that are subject to 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 act;
• Authorizes the commissioner to enter farms and farm facilities during regular business hours to implement or enforce the act if the commissioner obtains consent from the farm or an administrative search warrant;
• Authorizes the commissioner to inspect records during regular business hours to implement or enforce the act 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 under the act;
• 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 this bill as enacted.)