§ 852. Authority

(a) The Secretary may enforce in the State the requirements of:

(1) the rules adopted under the U.S. Food and Drug Administration Food Safety Modernization Act, Standards for Growing, Harvesting, Packing, and Holding of Produce for Human Consumption, 21 C.F.R. part 112, using the same or similar powers granted to the U.S. Food and Drug Administration to enforce the Food Safety Modernization Act; and

(2) the rules adopted under this chapter.

(b) The Agency may collaborate with the Department of Health regarding application of the U.S. Food and Drug Administration Food Safety Modernization Act, Standards for Growing, Harvesting, Packing, and Holding of Produce for Human Consumption, 21 C.F.R. part 112, and application of the rules adopted under this chapter.

(c) The Secretary shall carry out the provisions of this chapter using:

(1) monies appropriated to the Agency by the federal government for the purpose of administering the federal Food Safety Modernization Act and the rules adopted under that act;

(2) monies appropriated to the Agency by the State for the purpose of administering this chapter; and

(3) other gifts, bequests, and donations by private entities for the purposes of administering this chapter.

(d) The Secretary may apply the criteria and definitions in 21 C.F.R. part 112 to determine whether produce is adulterated. (Added 2015, No. 104 (Adj. Sess.), § 1, eff. May 12, 2016; amended 2017, No. 180 (Adj. Sess.), § 2, eff. May 28, 2018; 2017, No. 194 (Adj. Sess.), § 18, eff. May 30, 2018; 2021, No. 105 (Adj. Sess.), § 89, eff. July 1, 2022; 2021, No. 174 (Adj. Sess.), § 5, eff. July 1, 2022.)