By Hirschi H.B. No. 2724
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 Relating to the voluntary labeling of the non-use of certain
1-3 substance used in dairy production.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter H, Chapter 431, Texas Food, Drug, and
1-6 Cosmetic Act, Subtitle A, Title 6, Health and Safety Code, is
1-7 amended by adding section 431.184 to read as follows:
1-8 Sec. 431.184. VOLUNTARY LABELING OF NON-USE OF BOVINE GROWTH
1-9 HORMONE
1-10 Sec. 431.1841. DEFINITIONS. In this subchapter.
1-11 (1) "Dairy product" means milk or food products made
1-12 substantially from milk.
1-13 (2) "Milk buyer" means a person purchasing milk from a
1-14 milk producer and includes a milk processor, cooperative
1-15 association, or retail merchant.
1-16 (3) "Milk producer" means a person who is engaged in
1-17 the business of producing milk for sale.
1-18 (4) "rbGH" means recombinant bovine growth hormone,
1-19 rbST, and recombinant bovine somatotropin.
1-20 (5) "rbGH-free product" means a dairy product made
1-21 from milk exclusively from cows not treated with rbGH during the
1-22 preceding 30 days.
1-23 Sec. 431.1842. LABELING AND ADVERTISING. (a) An rbGH-free
2-1 product may be labeled as follows:
2-2 (1) "Farmer-certified rbGH-free";
2-3 (2) "rbGH-free"; or
2-4 (3) "Milk in this product comes from cows not treated
2-5 with rbGH."
2-6 (b) The label authorized by this section may be displayed
2-7 and rbGH-free products may be advertised as rbGH-free.
2-8 Sec. 431.1843. AFFIDAVIT AND CERTIFICATION. (a) A person
2-9 may not label dairy products as provided by Section 431.1841 unless
2-10 the person obtains from the milk producer an affidavit stating that
2-11 no cow used to produce the dairy product:
2-12 (1) was treated with rbGH during the 30 days before
2-13 execution of the affidavit; and
2-14 (2) will be treated with rbGH until 30 days after
2-15 delivery of written notice to the person labeling the dairy
2-16 product.
2-17 (b) A person obtaining an affidavit under Subsection (a) of
2-18 this section shall retain the affidavit and make it available for
2-19 inspection by the department until the second anniversary of its
2-20 receipt.
2-21 (c) A person selling or offering to sell a dairy product
2-22 represented as being rbGH-free shall provide to the milk buyer
2-23 written certification that the milk producer executed an affidavit
2-24 as required under this section. The written certification may be
2-25 part of the label of the dairy product.
3-1 Sec. 431.1844. GENERAL PENALTY. (a) A person commits an
3-2 offense if the person:
3-3 (1) falsely labels or falsely certifies a dairy
3-4 product as rbGH-free;
3-5 (2) executes a false affidavit regarding use of rbGH
3-6 in the production of milk.
3-7 (b) An offense under this section is a misdemeanor
3-8 punishable by:
3-9 (1) a fine of not more than $1,000;
3-10 (2) confinement in county jail for not more than six
3-11 months; or
3-12 (3) both fine and confinement under this subsection.
3-13 SECTION 2. This Act takes effect September 1, 1995.
3-14 SECTION 3. The importance of this legislation and the
3-15 crowded condition of the calendars in both houses create an
3-16 emergency and an imperative public necessity that the
3-17 constitutional rule requiring bills to be read on three several
3-18 days in each house be suspended, and this rule is hereby suspended.