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.