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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of raw milk and raw milk products. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 435, Health and Safety |
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Code, is amended by adding Sections 435.0061 and 435.0062 to read as |
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follows: |
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Sec. 435.0061. RAW MILK AND RAW MILK PRODUCTS FOR RETAIL |
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SALE. (a) This section does not authorize the sale of: |
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(1) raw milk or raw milk products to or on the premises |
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of a grocery store, supermarket, or similar retail market; or |
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(2) raw milk or raw milk products that are a blend of |
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raw milk purchased from more than one holder of a permit issued |
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under this chapter. |
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(b) Except as provided by Section 435.013, a person who |
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holds a permit that authorizes the person to sell raw milk or raw |
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milk products at retail may make retail sales of raw milk or raw |
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milk products directly to a consumer in this state at: |
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(1) the permit holder's place of business; |
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(2) the consumer's residence; or |
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(3) any other location where producers customarily |
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sell their products directly to consumers, including a farmers' |
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market, farm stand, flea market, or fair. |
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(c) The permit holder may deliver the raw milk or raw milk |
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products to the consumer at the point of sale or, except as provided |
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by Subsection (a), any other location in this state the consumer |
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designates. |
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(d) A person who sells raw milk or raw milk products under |
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this section shall affix to individual raw milk or raw milk product |
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containers a label that includes: |
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(1) the name of the permit holder; and |
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(2) the following statement: "This product contains |
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unpasteurized milk. Please consult with your physician to |
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determine if this product presents a health risk." |
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Sec. 435.0062. AVAILABILITY OF RECORDS ON RAW MILK TESTING. |
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On request, the department shall provide the requestor with a |
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record of test results from an inspection of raw milk or raw milk |
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products conducted under Section 435.004 or 435.005. |
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SECTION 2. This Act takes effect September 1, 2013. |