Bill Text: TX HB57 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the regulation of raw milk and raw milk products.
Spectrum: Moderate Partisan Bill (Republican 9-2)
Status: (Introduced - Dead) 2017-02-13 - Referred to Public Health [HB57 Detail]
Download: Texas-2017-HB57-Introduced.html
85R2188 KKR-D | ||
By: Flynn | H.B. No. 57 |
|
||
|
||
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 or an employee or agent of the permit holder. | ||
(b) A permit holder authorized to sell raw milk or raw milk | ||
products at retail or an employee or agent of the permit holder 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 437.020. | ||
(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 placed 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. HANDLING AND TRANSPORTING RAW MILK AND RAW | ||
MILK PRODUCTS FOR RETAIL SALE. (a) Raw milk and raw milk products | ||
produced for retail sale under this chapter must be: | ||
(1) placed in an aseptic or single-use container; and | ||
(2) sold not later than the fifth day after the date | ||
the container was filled, unless the raw milk or raw milk product is | ||
frozen and remains frozen until sold. | ||
(b) Raw milk and raw milk products being transported for | ||
delivery must be: | ||
(1) maintained at or below 41 degrees Fahrenheit; and | ||
(2) protected from exposure to direct sunlight. | ||
(c) The department or a local health authority may not | ||
mandate the specific method for complying with a temperature | ||
requirement. | ||
(d) 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. Section 435.013, Health and Safety Code, is | ||
repealed. | ||
SECTION 3. This Act takes effect September 1, 2017. |