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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. Sections 435.004(a) and (c), Health and Safety |
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Code, are amended to read as follows: |
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(a) The department shall sample, test, or inspect Grade "A" |
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pasteurized milk and milk products, Grade "A" raw milk and milk |
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products [for pasteurization], milk for manufacturing purposes, |
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and dairy products that are offered for sale. |
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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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products [for pasteurization] shall include, in addition to any |
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other tests 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; 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 2. Subchapter B, Chapter 435, Health and Safety |
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Code, is amended by adding Section 435.022 to read as follows: |
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Sec. 435.022. RETAIL SALE OF RAW MILK AND MILK PRODUCTS. |
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(a) Subject to Subsection (b), raw milk and milk products may be |
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sold at retail in this state in the same manner as pasteurized milk |
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or milk products only if the raw milk or milk products are produced |
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in this state. |
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(b) A person who produces raw milk or raw milk products for |
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sale at retail in this state shall maintain a liability insurance |
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policy that provides liability coverage of not less than $1 million |
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for damages arising from the consumption of raw milk or a raw milk |
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product sold by the person. The insurance policy must be issued by |
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an insurance company that is authorized to engage in business in |
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this state. |
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SECTION 3. Section 435.013, Health and Safety Code, is |
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repealed. |
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SECTION 4. This Act takes effect September 1, 2019. |