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.