Reform TDA Policy Announcement

8/9/2019 Reform TDA Policy Announcement

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Dear Fellow Texan:

Do you know who is ultimately responsible for keeping our food supply safe? Ifyou answered the federal government, or the state health department, thinkagain. A myriad of state and federal agencies are tasked with variedresponsibilities in the area of food safety and none have complete authority.

Do you know how often the gas pumps you use every day are checked to see if

they are accurate? If no one complains about them, only once every four years.

Do you know who is inspecting meat and other commodities coming into Texasfrom foreign countries to see if it is free from toxic pesticides or dangerousbacteria? Probably not who you think.

Do you know why there isnt greater marketshare nationally for Texas agriculturalproducts? Do you know what elected officials job it is to build this market?

Chances are, Ive just asked you several questions that have made you thinkabout the safety and security of our food supply, whether or not you are getting

what you pay for at the gas pumps, and whether or not Texas farmers are gettinga fair shake in the global economy.

If you have doubts about these things, you arent alone. I do, too.

Thats why Im running for Texas Agriculture Commissioner and why I am proudto announce the unveiling ofAdvancing Markets, Protecting Consumers:Rebuilding The Texas Department of Agriculture for the 21st Century.This is my reform plan for the Texas Department of Agriculture.

I hope you will take a moment to read it and let me know what you think.

In Unity,


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CONSUMER PROTECTION: A Renewed Focus

The Texas Department of Agriculture touches the lives of every Texan everyday.

From the fuel Texans use to get to and from work, to the food we put in ourchildrens lunchboxes and on our dinner tables, TDA plays an importantrole in consumer protection.

But, the dangers and potential of this time require turning the TexasDepartment of Agriculture into an agency that truly protects consumers andour states food supply in more efficient ways.

Food Safety

Under current Texas law, food safety inspections are performed by varying stateand federal agencies depending upon the type of facility being inspected, thecommodities being processed, and other factors.

This system leaves gaping vulnerabilities in our states food supply.

PROBLEMS: Although Texans do a good job growing and raising our ownfood, the fact remains that we continue to import fruits, vegetables, meat,and other agricultural commodities from Mexico, South America, and othercountries and states into Texas. These food products find their way intothe food supply in Texas and across the nation.

Many issues contribute to the likelihood of unsafe food in the early links ofthe food chain, and Texas must do more to protect its consumers fromharm resulting from things such as:

*Producers in foreign countries that use pesticides or fertilizersoutlawed in the United States to treat fruits and vegetables.

Hank Gilbert for Texas Agriculture Commissioner

Advancing Markets, Protecting Consumers: Rebuilding The Texas Department of Agriculture forthe 21st Century

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*The intentional or accidental misuse of regulated medicated feedswhich can cause livestock products to test positive for varioussubstances unhealthy for humans.

*Unsanitary conditions for agricultural workers such as defecation

in open produce fields, lack of bathroom facilities, and lack of handwashing facilities.

BACKGROUND: Under current law, the Texas Department of Health, localhealth authorities, and federal agencies are responsible in whole or in part forvarious aspects of food health and safety inspections in Texas. As a result of somany different agencies being involved, no centralized agency is eitherresponsible for or a repository for inspections of agricultural commodities or foodproducts in Texas all the way from the producers fields to the grocery store

shelves. While other states have such programsand even redundancyprotections such as state inspections of meat and poultry plants to protectcitizens beyond rudimentary USDA inspectionsTexas does not, and Texasfood supply is less safe as a result.

HANK PROPOSES: Under Hanks plan, food safety inspectionsfor grocery stores, convenience stores, food wholesalers andwarehouses, food processors, food manufacturers, wholesalebakeries, beverage producers, refrigerated warehouses,slaughterhouses, meat and poultry plants, and fish

processors, would all be centralized under the TexasDepartment of Agriculture.

The TEXAS Food Safety & Security Initiative

As Commissioner, Hank will work with the legislature to institute the TEXAS FoodSafety & Security Initiative to insure that Texas food supply is safe from the fieldto grocery store shelves. Standing for Tested, EXamined, Approved, & Secure,the initiative would require:

*Texas Department of Agriculture food safety inspections forgrocery stores and convenience stores.*TDA food safety and security inspections of food warehouses,food processors, food manufacturers, wholesale bakeries,beverage producers, and refrigerated warehouses.*TDA food safety inspections of slaughterhouses, meat and poultryplants, fish processors, and rendering plants.



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The initiative would mandate that the Texas Department of Agriculture bothpermit and:

*Conduct regular food safety inspections for grocery stores and

continence stores (although inspection authority for in-storerestaurants and all restaurants would remain with currentauthorities).

*Conduct regular food safety and security inspections of foodwarehouses, food processors, food manufacturers, wholesalebakeries, beverage producers, and refrigerated warehouses.

*Conduct regular inspections of slaughterhouses, meat and poultryplants, fish processors, and rendering plants.

The TEXAS Food Safety and Security Initiative would protect Texans foodsupply from dangerous bacteria, pesticides, and tampering in a number of ways.For example, the initiative would mandate:

*TDA inspection of a representative sample of all raw commodityagricultural products imported into Texas from another country orstate (specifically meats, poultry, fish, vegetables, and fruit) andtesting of that sample to determine the presence of outlawed ortoxic pesticides, herbicides, or fungicides; harmful bacteria (such asE. coli); dangerous insects or other invasive species; testing forsubstances that might indicate bioterrorism.

*TDA inspection of grocery stores and continence stores to insurethe safe handling and display of agricultural commodities, and toinsure that each raw commodity sold in the store is free of toxicpesticides, harmful bacteria, etc.

*TDA inspection of food warehouses, food processors, foodmanufacturers, wholesale bakeries, beverage producers, andrefrigerated warehouses to insure both food safety but also foodsecurity. Texas food manufacturers and processors must be keptsafe from the threat of those who may wish to deliberately harm ourstates food supply.

*TDA inspection of slaughterhouses, meat and poultry plants, fishprocessors, and rendering plants to insure that the meat, poultry,and fish products do not contain toxic substances from pesticides



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or feeds, and that fish dont contain high levels of mercury or othersubstances that can cause harm when ingested.

The TEXAS Food Safety & Security Initiative would also give the TexasDepartment of Agriculture new authority to keep Texans safe.

Under Hanks plan, the Texas Department of Agriculture would have legalauthority to immediately stop the sale, processing, or use of any food productunder its jurisdiction if that product is deemed to be unfit for human or animalconsumption.

Under current law, the Texas Department of Agriculture has limited powers tostop anything from entering the food chaineven when its inspectors enter afactory covered in rat feces or witness a field of crops that has been treated with

an illegal poison.

Under Hanks plan, TDA will be able to stop dangerous food products fromentering the food chain without first going through one or more stateagencies.

Weights & Measures

Are you getting what you pay for?

THE PROBLEM: Consumers across the state daily purchase gasoline,fruits, vegetables, and other commodities sold by weight or volume.Numerous documented incidents show that, at the gas pumps, Texasconsumers arent always getting what they pay for at gas pumps that arethrough mechanical error or deliberate human interventionmiscalculatingthe volume of fuel sold and overcharge Texas consumers. At present,scales, gas pumps, and similar devices are required to be inspected onceevery four years or upon receipt of a complaint. As a result, Texasconsumers cant always be sure they are getting what they pay for.

BACKGROUND: Prior to the non-substantive statutory revision of the TexasAgriculture Code in 1981i and continuing for nearly a decade following therevision, equipment used to sell goods by volume or weight (scales, pricescanners, and gas pumps) were required to be inspected by the Texas



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Department of Agriculture annuallyii. In 1989, a major rewrite of the TexasAgriculture Code changed the one-year re-inspection period to three years iii.

In 2005, the Texas Legislature, at the urging of former Agriculture CommissionerSusan Combs, amended the Agriculture Code once again to change the period

of inspection from three to four yearsiv

. According to analysis at the time, thechange would save the equivalent of the hours worked by 9.5 full time agencyemployees and cost savings of less than half a million dollars annually v.

HANK PROPOSES: Hank Gilbert proposes rolling back the four-year annualinspection requirement to two yearsa compromise between the one yearthat existed in state statute for at least half a centuryand the three yearsenacted in 1989.

Hank also proposes statutory changes to mandate annual inspections for

weights and measures devices habitually found to be out of compliance byrequiring that any weights or measures device found to be out of complianceas a result of consumer complaints more than four times in the preceding 12months be inspected annually for the following three years.

A False Sense Of Security for Consumers

THE PROBLEM: New trends in the grocery business are resulting in thereplacement of TDA inspected scales in produce departments with scaleslabeled for estimation purposes only, which allows the scales to escape

inspection by the Texas Department of Agriculture. One purpose of in-department scales in grocery stores is to give consumers an independentverification of the scales used at cash registers to insure consumers arentbeing cheated.

BACKGROUND: Over the last several years, more and more grocery storesare replacing TDA-inspected scales with for estimation purposes only scalesthat arent regulated by the Department. Whether this is to get out ofinspections or because of the optics resulting from grocery stores presenting totheir customers scales inspected every four years is unknown at this time.

Whatever the reason for the trend, it is a dangerous trend that is resulting inless consumer protections for Texans at the grocery store.

HANK PROPOSES: Hank proposes regulating the practice of usingestimation only scales by requiring grocery and other stores that sell by



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weight to have at least one Department inspected and licensed scale ineach department where commodities are sold by weight. While it wouldnot prevent additional estimation only scales, those scales would beaccompanied by licensed scales and all stores would be required to markestimation only scales with a notice stating, THIS SCALE IS NOT

INSPECTED OR REGULATED BY THE TEXAS DEPARTMENT OFAGRICULTURE AND MAY NOT RESULT IN AN ACCURATEMEASUREMENT. BY LAW, THIS FACILITY IS REQUIRED TO DISPLAYA DEPARTMENT OF AGRICULTURE INSPECTED SCALE IN EVERYAREA OF THE STORE WHERE UNPACKAGED COMMODITIES ARESOLD BY WEIGHT. IF THIS STORE DOES NOT DISPLAY SUCH ASCALE, PLEASE CONTACT THE TEXAS DEPARTMENT OFAGRICULTURE AT [INSERT 800 NUMBER].

More False Security At The Gas Pump

THE PROBLEM: As a result of four-year inspections, many gasolineretailers have resorted to having pumps inspected (or claiming to havepumps inspected) and by private vendors that certify the pumps are notcheating consumerssince state mandated inspections are few and farbetween without complaints. This gives a false sense of security toconsumers.

BACKGROUND: Four years is a long time for a gas pump to go withoutinspectionespecially when consumers examine that in light of the fact that theirmotor vehicles must be inspected annually. As a result, for likely altruisticreasons, major gasoline retailers have started marking their pumps as havingbeen independently inspected and certified as pumping the right amount ofgasoline. The state and the consumer have no way of verifying this information.

HANK PROPOSES: Hank has no objection to fuel retailers who want to gothe extra mile to show consumers that they are getting what they pay for.However, Hank believes the retailers and consumers need an added levelof protection. Therefore, as Commissioner, Hank would require that any fuelpump inspected by a private firm and certified as dispensing the properamounts of fuel be both tested using the same standards employed by theDepartment of Agriculture, and that the firm conducting the tests belicensed with the Texas Department of Agriculture. Hank would work toinstitute stiff penalties for companies who want to cheat retailers andconsumers by lulling them into a false sense of security in between state-mandated inspection timelines.



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More Weights & Measures Reform

Hank also proposes:

Requiring that all fuel pumps, scales, and other devices designedto determine the weight or volume of commodities sold by weight orvolume display a simple sticker directing that consumer complaintsabout the accuracy of the devices may be directed to the TexasDepartment of Agriculture and providing an 800 number for suchreporting.

Increased fines and criminal penalties for retailers whose fuelpumps, scales, and scanners are found to be out of compliance.

THREE STRIKES FOR HABITUAL FUEL CHEATERS. Hank

proposes that, if a fuel retailer is found out of compliance as a resultof consumer complaints more than three times in a 12-monthperiod, that it be mandatory that the agency pursue misdemeanorcriminal charges against the retailer in the court of appropriate

jurisdiction. This represents a real, substantive change to a zerotolerance policy regarding those who cheat Texas consumers.

Agency Reform & Restructuring

Under existing Texas law, a number of functions which should be under thedirection of the Texas Department of Agriculture rest with private universities, the

Texas AgriLife Extension Program, or under independent state agencies, boards,and commissions. Hank proposes restructuring these agricultural programsunder the umbrella of the Texas Department of agriculture.

Hank proposes moving the Texas Forest Service under thecontrol of the Texas Department of Agriculture.

Since 1915, the Texas Forest Service has been key to maintaining andprotecting Texas forests and has operated under the control of Texas A&M

University. Under Hanks plan, the existing Texas Forest Service would moveunder the Texas Department of Agriculture. Forestry is a part of our statesagricultural market and landscape, and as such, the agency should be joinedwith TDA.



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Hank proposes moving the Texas Animal Health Commissionunder the control of the Texas Department of Agriculture.

Under Hanks plan, TAHC would become part of the Texas Department ofAgriculture and be renamed as the Texas Department of Agriculture Bureau ofAnimal Health. It would maintain an independent advisory boardappointed bythe Agriculture Commissionerbut would no longer be an independent stateagency.

The functions of the Texas Animal Health commissionwhich are essentially toprotect the health of Texas livestockare key to agriculture and Texas and assuch should be married with the states main agriculture agency. Texas farmersand ranchers shouldnt have to be shuffled between multiple agencies for theassistance they need to keep pests from becoming a problem with livestock.

Too, the TAHCs legislative authority to make and enforce regulations to prevent,control, and eradicate infections animal diseases would be transferred to theTexas Department of Agriculture.

Hank proposes moving the Texas Wildlife Services from TexasAgriLife Extension (and all feral hog abatement programs) underthe control of the Texas Department of Agriculture.

Under Hanks plan, the Texas Wildlife Services, which is given authority underthe Texas Health and Safety Code to protect the states agricultural, industrial,and natural resources from damage caused by wildlife, would come under theTexas Department of Agriculture.

Additionally, all state funds spent on feral hog eradication and all feral hogeradication programs would be administered by the Texas Department ofAgriculture as a result of this move. At present, TDA issues millions in grantsfunding to AgriLife Extension and other agencies for feral hog eradication. Hankbelieves that the best way to fight the menace of feral hogs is to centralize the

duty for their eradicationand funding for their eradicationunder the umbrellaof one agency that will then have the power to make grants to local governmententities and engage in other programs to eradicate feral hogs under the guise ofa multi-year master plan for feral hog eradication.



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Hank proposes moving offshore and commercialaquaculture and commercial fishing regulation from theTexas Parks and Wildlife Commission to the TexasDepartment of Agriculture.

In order to insure complete food safety and security, Hank proposes that theexisting Agriculture Code authority being exercised by Texas Parks and Wildlifebe transferred to the Texas Department of Agriculture in order to best protectTexans.

Hank proposes passage of the Limited Agricultural CooperativesAct, legislation allowing the creation of agricultural cooperativeswhich give members Greater control over product pricing and

enhanced market flexibility.

The passage of the Limited Agricultural Cooperatives Act would help farmers andranchers in rural Texas obtain capital necessary to establish and expandagricultural cooperatives by allowing investment by non-agricultural investors.

The creation of these cooperatives in rural Texas is necessary to allow farmers topool resources to promote their combined interests through marketing anddistribution. This action will promote an increase in rural economic developmentand spur outside investment.

Allowing the creation of such cooperatives will generate for increased funding forbiofuel and biomass initiatives involving agricultural products.

Hank proposes creating an Office of Inspector General withinthe Texas Department of Agriculture.

Every biennium, the Texas Department of Agriculture processes or disbursesmillions of dollars worth of grant and other funding for programs ranging from

feral hog eradication to nutrition programs.

Additionally, because the Texas Department of Agriculture is tasked withenforcement of dozens of laws, and many more administrative penalties, Hankbelieves an Office of Inspector General is necessary to preserve the integrity of



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the agency, protect consumers, protect the environment, and keep a watchfuleye on taxpayer funds.

Under Hanks plan, the Inspector General would relieve the TDA GeneralCounsels office of oversight and processing of the legal aspects of all

administrative and legal complaints relating to the various laws andadministrative regulations TDA enforces. Additionally, the Office of InspectorGeneral would have investigative authority to investigate misuse of TDAdisbursed funds.

Reforming GO TEXAN & Other Agricultural Marketing Programs

As part of Hanks overall reform plan for TDA, Hank will reform and restructurethe existing GO TEXAN and similar marketing programs. The reform package forthese marketing programs will be released in August of 2010.

Protecting Texas Landowners: Eminent DomainReform

In recent years, massive transportation projects, multi-national pipelines, andmore have threatened to destroy family farms and ranches across Texas byallowing the state or private companies to seize land using eminent domain.Hank has been a strident opponent to ED expansion and has fought continuouslyfor enhanced protections for property owners. Even though Texas voters haveapproved a constitutional amendment in recent years to provide some eminentdomain reform, it still contains loopholes that must be closed.

Under Hanks plan, Texas farmers, ranchers, and landowners will have moreprotections than ever before from eminent domain abuses.

Hank proposes establishing the Office Of Farm and Ranch LandPreservation under the Texas Department of Agriculture to operatethe Departments new eminent domain protection programs.

Under the Office of Farm and Ranch Land Preservation, Hankproposes two new programs: The Agricultural Preservation AreasProgram and The Agricultural Easements Program.

The Agriculture Preservation Areas Program. This program will establish thestatutory authority for landowners, counties, and the state to preserve farm andranch land from development for successive ten year periods. Modeled after the



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successful Agriculture Security Areas Program in use in Ohio, the APA programwill allow the preservation of farm and ranchland consisting of at least 500contiguous acres.

One or multiple landowners with at least 500 contiguous acres of farm or ranch

land located in unincorporated areas who havent committed civil or criminalviolations of conservation, pesticide, or similar laws within the last ten years mayapply so long as the farming or ranching on the land is conducted in accordancewith best practices established by the Texas Department of Agriculture.

Upon application to the Texas Department of Agriculture and the CountyCommissioners Court of the county in which the land is located, land subject toapproved applications will be subject to the following protections:

*No new roads, utility, or pipe lines may be installed on the land withoutapproval from the Texas Department of Agricultures Office Of Farm and

Ranch Land Protection.

*Improvements on the land for agricultural purposes and improvementsrelating to the development of biofuel or biomass feedstocks make theland eligible for up to a 50 percent tax exemption on improvements at thediscretion of the County Commissioners when said development begins atleast one year after the designation.

*Non-agricultural development is prevented within the APA (excludingsingle-family homesteads) is prohibited for ten years without permissionfrom the Office of Farm and Ranch Land Protection.

The Office of Farm and Ranch Land Protection will provide guidance andtechnical assistance to landowners seeking to enroll in the program and assistAPA landowners in understanding the full measure of agricultural developmentopportunities available to them.

The Agricultural Easements Program. Under this program, the Office of Farmand Ranch Land Preservation will be granted the authority to obtain and holdthrough purchase or donationagricultural easements to allow land to remainpredominantly in agricultural production. The Department of Agriculture wouldreceive the statutory authority to take necessary steps to retain the agriculturalland gifted or acquired and continue agricultural production on that land includingbut not limited to lease or rental of the property to persons who wish to engagethe land in agricultural production. The land may also be sold or leased to youngfarmers with provisions providing for a permanent agricultural easement so theland may not be sold for profit or otherwise leveraged in a way that will take it outof agricultural production. The state will retain repurchase rights to the land.



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Additionally, Hank proposes that all state and local government bodies andagencies will be required to consult with the Office of Farm and Ranch

Land Preservation before any agricultural land is taken for use for a publictransportation or other public project by use of eminent domain, and thatthe Department of Agriculture will have the statutory authority to stop anyseizure of farm or ranch land through eminent domain if it determines thatseizure is detrimental to Texas Agriculture or the safety and security of thestates food system.

Reforming The Texas Agricultural Finance

Authority To Expand Economic Development

While the 81st Texas Legislature enacted some reforms to help move the TexasAgricultural Finance authority out of a lengthy period of difficulty, there remainother programs the TAFA could devise to help better promote agriculture inTexas.

Hank proposes the creation of the Texas Agricultural Infrastructure& Economic Development Fund to provide incentives to bring

agribusiness to Texas, to help create small and medium sizedagribusinesses, and to help keep agricultural business in Texas.

Under Hanks plan, the Texas Agricultural Investment & Development Fund(Texas AID) would be funded through legislative appropriation. Hank proposesan initial investment of $300 million in the fund.

Texas AID funds would be utilized to attract agricultural business investment toTexas, help existing agricultural businesses expand, and help keep existing

agricultural business in Texas by helping fund expansion, local tax anddevelopment incentives, and local infrastructure development.

Under Hanks plan, Texas AID funds would be awarded based on job creation,economic impact of the agricultural business to the community, the impact the



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business has or will have one expanding markets for Texas agricultural products,and other matrices related to the economic impact of the business.

Hank proposes increasing the Texas Young Farmer Grant

program to include grants up to $50,000.00

Even when paired with matching funds required to participate in the program,grants of $5,000 to $10,000 dont go far at a time of rising costs and increasingfinancial burdens on agricultural producers. Under Hanks plan, young farmerswill actually be able to apply for meaningful funds to help grow their family farms,ranches, and agribusinesses.



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i Revisors Report, Texas Agriculture Code, Texas Legislative Council, 1981.ii House Bill 1436, 67th Regular Session of the Texas Legislature.iii Senate Bill 489, as Enrolled, 71st Regular Session of the Texas Legislature, p. 19iv House Bill 2382, 78th Regular Session of the Texas Legislature.v Fiscal Note, House Bill 2382, 78th Regular Session of the Texas Legislature.

Reform TDA Policy Announcement

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