By Chavez H.B. No. 2593 75R6878 MWV-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the voluntary labeling of the nonuse of a certain 1-3 substance used in dairy production; providing a criminal penalty. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subtitle D, Title 6, Agriculture Code, is amended 1-6 by adding Chapter 182 to read as follows: 1-7 CHAPTER 182. USE OF RECOMBINANT BOVINE GROWTH HORMONE 1-8 Sec. 182.001. DEFINITIONS. In this chapter: 1-9 (1) "Dairy product" means milk or food products made 1-10 substantially from milk. 1-11 (2) "Milk buyer" means a person purchasing milk from a 1-12 milk producer and includes a milk processor, cooperative 1-13 association, or retail merchant. 1-14 (3) "Milk producer" means a person who is engaged in 1-15 the business of producing milk for sale. 1-16 (4) "rbGH" means recombinant bovine growth hormone. 1-17 (5) "rbGH-free product" means a dairy product made 1-18 from milk exclusively from cows not treated with rbGH during the 1-19 30 days preceding the date the milk was obtained. 1-20 Sec. 182.002. LABELING AND ADVERTISING. (a) An rbGH-free 1-21 product may be labeled as follows: 1-22 (1) "Farmer-certified rbGH-free"; 1-23 (2) "rbGH-free"; or 1-24 (3) "Milk in this product comes from cows not treated 2-1 with rbGH." 2-2 (b) The label authorized by this section may be displayed 2-3 and rbGH-free products may be advertised as rbGH-free. 2-4 Sec. 182.003. AFFIDAVIT AND CERTIFICATION. (a) A person may 2-5 not label dairy products in a manner authorized by Section 182.002 2-6 unless the person obtains from the milk producer an affidavit in a 2-7 form approved by the department stating that no cow used to produce 2-8 the dairy product: 2-9 (1) was treated with rbGH during the 30 days preceding 2-10 the date the affidavit is executed; and 2-11 (2) will be treated with rbGH until the 31st day after 2-12 the date written notice stating that the milk may contain rbGH is 2-13 delivered to the person labeling the dairy product. 2-14 (b) A person obtaining an affidavit under Subsection (a) 2-15 shall retain the affidavit and make it available for inspection by 2-16 the department and the public until the second anniversary of its 2-17 receipt. 2-18 (c) A person selling or offering to sell a dairy product 2-19 labeled or advertised as being rbGH-free shall provide the milk 2-20 buyer with written certification that the milk producer executed 2-21 the affidavit required by this section. The written certification 2-22 may be part of the label of the dairy product. 2-23 Sec. 182.004. OFFENSE. (a) A person commits an offense if 2-24 the person falsely labels or falsely certifies a dairy product as 2-25 rbGH-free. 2-26 (b) An offense under this section is a Class B misdemeanor. 2-27 SECTION 2. This Act takes effect September 1, 1997. 3-1 SECTION 3. The importance of this legislation and the 3-2 crowded condition of the calendars in both houses create an 3-3 emergency and an imperative public necessity that the 3-4 constitutional rule requiring bills to be read on three several 3-5 days in each house be suspended, and this rule is hereby suspended.