Bill Text: TX HB46 | 2013-2014 | 83rd Legislature | Comm Sub
Bill Title: Relating to the regulation of raw milk and raw milk products.
Spectrum: Moderate Partisan Bill (Republican 14-3)
Status: (Introduced - Dead) 2013-04-18 - Committee report sent to Calendars [HB46 Detail]
Download: Texas-2013-HB46-Comm_Sub.html
83R21604 KKR-D | |||
By: Flynn, Bonnen of Brazoria, Laubenberg, | H.B. No. 46 | ||
Zedler, et al. | |||
Substitute the following for H.B. No. 46: | |||
By: Kolkhorst | C.S.H.B. No. 46 |
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relating to the regulation of raw milk and raw milk products. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 435, Health and Safety | ||
Code, is amended by adding Sections 435.0061, 435.0062, and | ||
435.0063 to read as follows: | ||
Sec. 435.0061. RAW MILK AND RAW MILK PRODUCTS FOR RETAIL | ||
SALE. (a) This section does not authorize the sale of: | ||
(1) raw milk or raw milk products to or on the premises | ||
of a grocery store, supermarket, or similar retail market; | ||
(2) raw milk or raw milk products that are a blend of | ||
raw milk purchased from more than one holder of a permit issued | ||
under this chapter; or | ||
(3) raw milk or raw milk products by a person other | ||
than the permit holder. | ||
(b) Except as provided by Section 435.013, a person who | ||
holds a permit that authorizes the person to sell raw milk or raw | ||
milk products at retail may make retail sales of raw milk or raw | ||
milk products directly to a consumer in this state at: | ||
(1) the permit holder's place of business; | ||
(2) the consumer's residence; or | ||
(3) a farmers' market as defined by Section 437.0201. | ||
(c) Raw milk and raw milk products must be maintained in | ||
compliance with Section 435.0063. | ||
(d) A person who sells raw milk or raw milk products under | ||
this section shall affix to individual raw milk or raw milk product | ||
containers a label that includes: | ||
(1) the name of the permit holder; | ||
(2) the permit holder's permit number; | ||
(3) the calendar date the raw milk or raw milk product | ||
was packaged in the container; and | ||
(4) the following statement: "This product contains | ||
unpasteurized milk. Consuming raw foods, including raw dairy | ||
products, may increase your risk of food-borne illness. Persons at | ||
higher risk for food-borne illness include pregnant and nursing | ||
women, children, the elderly, and people with weakened immune | ||
systems." | ||
Sec. 435.0062. AVAILABILITY OF RECORDS ON RAW MILK TESTING. | ||
On request, the department shall provide the requestor with a | ||
record of test results from an inspection of raw milk or raw milk | ||
products conducted under Section 435.004 or 435.005. | ||
Sec. 435.0063. STORING, HANDLING, AND TRANSPORTING RAW MILK | ||
AND RAW MILK PRODUCTS FOR RETAIL SALE. (a) The department shall | ||
adopt rules for the safe storing, handling, and transporting of raw | ||
milk and raw milk products produced for sale under Section | ||
435.0061. | ||
(b) Raw milk and raw milk products produced for sale under | ||
this chapter must be placed in a sterile or single-use container and | ||
sold not later than the fifth day after the date the container was | ||
filled. | ||
(c) Raw milk and raw milk products being transported for | ||
delivery must be: | ||
(1) maintained in air temperatures at or below 45 | ||
degrees Fahrenheit at all times except during transfer from one | ||
storage area or transportation vehicle to another; and | ||
(2) protected from exposure to direct sunlight. | ||
(d) The department or a local health authority may not | ||
mandate the specific method for complying with a temperature | ||
requirement. | ||
(e) A producer may contract with another person to transport | ||
and deliver raw milk and raw milk products in accordance with this | ||
section. The producer is jointly and severally liable for | ||
transport and delivery of raw milk and raw milk products not | ||
conducted in accordance with this chapter and department rules. | ||
SECTION 2. This Act takes effect September 1, 2013. |