84R26018 KKR-D
 
  By: Flynn, Rodriguez of Travis, H.B. No. 91
      White of Tyler, King of Taylor, et al.
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the regulation of raw milk and raw milk products; adding
  a provision subject to a criminal penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 435, Health and Safety
  Code, is amended by adding Sections 435.0061, 435.0062, and
  435.0063 to read as follows:
         Sec. 435.0061.  RAW MILK AND RAW MILK PRODUCTS FOR RETAIL
  SALE. (a)  This section does not authorize the sale of:
               (1)  raw milk or raw milk products to or on the premises
  of a grocery store, supermarket, or similar retail market;
               (2)  raw milk or raw milk products that are a blend of
  raw milk purchased from more than one holder of a permit issued
  under this chapter; or
               (3)  raw milk or raw milk products by a person other
  than the permit holder.
         (b)  Except as provided by Section 435.013, a person who
  holds a permit that authorizes the person to sell raw milk or raw
  milk products at retail may make retail sales of raw milk or raw
  milk products directly to a consumer in this state at:
               (1)  the permit holder's place of business;
               (2)  the consumer's residence; or
               (3)  a farmers' market as defined by Section 437.020.
         (c)  Raw milk and raw milk products must be maintained in
  compliance with Section 435.0063.
         (d)  A person who sells raw milk or raw milk products under
  this section shall affix to individual raw milk or raw milk product
  containers a label that includes:
               (1)  the name of the permit holder;
               (2)  the permit holder's permit number;
               (3)  the calendar date the raw milk or raw milk product
  was packaged in the container; and
               (4)  the following statement: "This product contains
  unpasteurized milk. Consuming raw foods, including raw dairy
  products, may increase your risk of food-borne illness. Persons at
  higher risk for food-borne illness include pregnant and nursing
  women, children, the elderly, and people with weakened immune
  systems."
         Sec. 435.0062.  AVAILABILITY OF RECORDS ON RAW MILK TESTING.
  On request, the department shall provide the requestor with a
  record of test results from an inspection of raw milk or raw milk
  products conducted under Section 435.004 or 435.005.
         Sec. 435.0063.  STORING, HANDLING, AND TRANSPORTING RAW MILK
  AND RAW MILK PRODUCTS FOR RETAIL SALE. (a)  The executive
  commissioner shall adopt rules for the safe storing, handling, and
  transporting of raw milk and raw milk products produced for sale
  under Section 435.0061.
         (b)  Raw milk and raw milk products produced for retail sale
  under this chapter must be placed in a sterile or single-use
  container and sold not later than the fifth day after the date the
  container was filled.
         (c)  Raw milk and raw milk products being transported for
  delivery must be:
               (1)  maintained in air temperatures at or below 45
  degrees Fahrenheit at all times except during transfer from one
  storage area or transportation vehicle to another; and
               (2)  protected from exposure to direct sunlight.
         (d)  The department or a local health authority may not
  mandate the specific method for complying with a temperature
  requirement.
         (e)  A producer may contract with another person to transport
  and deliver raw milk and raw milk products in accordance with this
  section. The producer is jointly and severally liable for
  transport and delivery of raw milk and raw milk products not
  conducted in accordance with this chapter and department rules.
         SECTION 2.  This Act takes effect September 1, 2015.