HBA-JRA S.B. 1304 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1304
By: Brown
Agriculture & Livestock
4/30/1999
Engrossed



BACKGROUND AND PURPOSE 

Aflatoxin is a toxic mold by-product that grows on corn, sorghum, and
oilseeds.  Aflatoxincontaminated corn may occasionally be sold as deer
corn, or wildlife feed, if the aflatoxin contamination levels are too high
for the corn to be sold in more closely regulated markets.  Birds,
including turkey and quail, are particularly susceptible to aflatoxin
poisoning and whitetail deer can suffer liver damage over a period of time
from contaminated products.  S.B. 1304 requires the Texas Feed and
Fertilizer Control Service to establish aflatoxin contamination levels
considered safe for whole seed and whole grain offered for retail sale for
wildlife feed. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Feed and Fertilizer Control
Service in SECTION 2 (Section 141.007, Agriculture Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 141.002, Agriculture Code, by adding Subsection
(e), as follows: 

(e)  Provides that whole seed and whole grain offered for retail sale for
wildlife seed are commercial feeds subject to this chapter (Commercial
Feed). 

SECTION 2. Amends Subchapter A, Chapter 141, Agriculture Code, by adding
Section 141.007, as follows: 

Sec.  141.007.  AFLATOXIN CONTROL.  Requires the Texas Feed and Fertilizer
Control Service to establish, by rule, aflatoxin contamination levels
considered safe for whole seed and whole grain offered for retail sale for
wildlife feed. 

SECTION 3. Effective date: September 1, 1999.

SECTION 4. Emergency clause.