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A BILL TO BE ENTITLED
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AN ACT
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relating to regulation of dairy products. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 435.003, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 435.003. [GRADE "A"] MILK SPECIFICATIONS. |
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SECTION 2. Subsection (a), Section 435.003, Health and |
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Safety Code, is amended to read as follows: |
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(a) The board by rule may: |
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(1) define what constitutes Grade "A" raw milk, Grade |
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"A" raw milk products, Grade "A" pasteurized milk, [and] Grade "A" |
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pasteurized milk products, milk for manufacturing purposes, and |
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dairy products; and |
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(2) provide specifications for the production and |
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handling of milk and milk products listed in Subdivision (1) |
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according to the safety and food value of the milk or milk products |
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and the sanitary conditions under which they are produced and |
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handled. |
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SECTION 3. Subsections (a) and (c), Section 435.004, Health |
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and Safety Code, are amended to read as follows: |
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(a) The board or its representative shall sample, test, or |
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inspect Grade "A" pasteurized milk and milk products, [and] Grade |
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"A" raw milk and milk products for pasteurization, milk for |
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manufacturing purposes, and dairy products that are offered for |
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sale [delivered to a milk plant or other place of delivery]. |
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(c) Sampling, testing, and inspection of Grade "A" |
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pasteurized milk and milk products and Grade "A" raw milk and milk |
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for pasteurization shall include, in addition to any other tests |
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that may be required, tests for: |
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(1) plate count or direct microscopic count; |
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(2) antibiotics; |
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(3) sediments; |
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(4) phosphatase [phosphotase]; and |
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(5) water and any elements foreign to the natural |
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contents of Grade "A" pasteurized milk and milk products and Grade |
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"A" raw milk and milk products for pasteurization. |
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SECTION 4. Subsections (b) and (d), Section 435.009, Health |
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and Safety Code, are amended to read as follows: |
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(b) The department shall impose the following fees only: |
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(1) a permit fee of $200 every two years [$50 a year] |
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for a producer dairy farm; |
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(2) a permit fee of $800 every two years [$200 a year] |
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for a processing or bottling plant; |
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(3) a permit fee of $800 every two years [$200 a year] |
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for a receiving and transfer station; |
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(4) a permit fee of $200 every two years [$100 a year] |
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for a milk transport tanker; |
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(5) a fee of 4-1/2 [two] cents for each 100 pounds of |
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milk or milk products processed and distributed in this state by a |
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processing or bottling plant in this state, or processed by an |
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out-of-state processing or bottling plant and sold in this state; |
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and |
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(6) a fee of 1-1/2 cents for each 100 pounds of dairy |
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products processed by a processing or bottling plant in this state |
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[for the actual cost of analyzing samples of milk or milk products
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for an out-of-state processing or bottling plant]. |
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(d) A permit [Annual permits] issued under this chapter is |
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valid for two years and must be renewed not later than September 1 |
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of the [each] year in which the permit expires. |
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SECTION 5. Subsection (b), Section 435.002, and Subsection |
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(d), Section 435.004, Health and Safety Code, are repealed. |
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SECTION 6. The change in law made by this Act to fees |
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charged under Section 435.009, Health and Safety Code, applies only |
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to a permit that expires on or after the effective date of this Act. |
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SECTION 7. This Act takes effect September 1, 2007. |