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.