Bill Text: TX SB80 | 2019-2020 | 86th Legislature | Introduced

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Bill Title: Relating to the regulation of raw milk and raw milk products.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2019-02-01 - Referred to Health & Human Services [SB80 Detail]

Download: Texas-2019-SB80-Introduced.html

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86R3133 KKR-F
By: Hall S.B. No. 80

A BILL TO BE ENTITLED
AN ACT
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) A person who holds a permit to sell raw milk or raw milk
products at retail may sell raw milk or raw milk products directly
to a consumer in this state at:
(1) the person's place of business;
(2) the consumer's residence; or
(3) a farmers' market as defined by Section 437.020.
(c) A person who sells raw milk or raw milk products under
this section shall maintain the raw milk or raw milk products in
compliance with Section 435.0063.
(d) A person who sells raw milk or raw milk products under
this section shall affix to each raw milk or raw milk product
container a label that includes:
(1) the person's name or business name;
(2) the person'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.
The department on request 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 executive
commissioner 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) A person who produces raw milk or raw milk products for
retail sale under this chapter shall place the raw milk or raw milk
products in a sterile or single-use container and sell the raw milk
or raw milk products not later than the fifth day after the date the
container is filled.
(c) A producer or other person who transports raw milk or
raw milk products for delivery shall:
(1) maintain the raw milk or raw milk products 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) protect the raw milk or raw milk products 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 under Subsection (c).
(e) A producer may contract with another person to transport
and deliver raw milk or raw milk products in accordance with this
section and department rules. The producer is jointly and
severally liable for transport and delivery of raw milk or 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, 2019.