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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, 435.0062, and |
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435.0063 to read as 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; |
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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; or |
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(3) raw milk or raw milk products by a person other |
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than the permit holder. |
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(b) A person who holds a permit to sell raw milk or raw milk |
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products at retail may sell raw milk or raw milk products directly |
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to a consumer in this state at: |
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(1) the person's place of business; |
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(2) the consumer's residence; or |
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(3) a farmers' market as defined by Section 437.020. |
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(c) A person who sells raw milk or raw milk products under |
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this section shall maintain the raw milk or raw milk products in |
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compliance with Section 435.0063. |
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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 each raw milk or raw milk product |
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container a label that includes: |
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(1) the person's name or business name; |
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(2) the person's permit number; |
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(3) the calendar date the raw milk or raw milk product |
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was placed in the container; and |
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(4) the following statement: "This product contains |
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unpasteurized milk. Consuming raw foods, including raw dairy |
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products, may increase your risk of food-borne illness. Persons at |
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higher risk for food-borne illness include pregnant and nursing |
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women, children, the elderly, and people with weakened immune |
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systems." |
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Sec. 435.0062. AVAILABILITY OF RECORDS ON RAW MILK TESTING. |
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The department on request shall provide the requestor with a record |
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of test results from an inspection of raw milk or raw milk products |
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conducted under Section 435.004 or 435.005. |
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Sec. 435.0063. STORING, HANDLING, AND TRANSPORTING RAW MILK |
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AND RAW MILK PRODUCTS FOR RETAIL SALE. (a) The executive |
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commissioner shall adopt rules for the safe storing, handling, and |
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transporting of raw milk and raw milk products produced for sale |
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under Section 435.0061. |
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(b) A person who produces raw milk or raw milk products for |
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retail sale under this chapter shall place the raw milk or raw milk |
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products in a sterile or single-use container and sell the raw milk |
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or raw milk products not later than the fifth day after the date the |
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container is filled. |
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(c) A producer or other person who transports raw milk or |
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raw milk products for delivery shall: |
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(1) maintain the raw milk or raw milk products in air |
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temperatures at or below 45 degrees Fahrenheit at all times except |
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during transfer from one storage area or transportation vehicle to |
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another; and |
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(2) protect the raw milk or raw milk products from |
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exposure to direct sunlight. |
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(d) The department or a local health authority may not |
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mandate the specific method for complying with a temperature |
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requirement under Subsection (c). |
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(e) A producer may contract with another person to transport |
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and deliver raw milk or raw milk products in accordance with this |
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section and department rules. The producer is jointly and |
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severally liable for transport and delivery of raw milk or raw milk |
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products not conducted in accordance with this chapter and |
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department rules. |
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SECTION 2. Section 435.013, Health and Safety Code, is |
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repealed. |
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SECTION 3. This Act takes effect September 1, 2019. |