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A BILL TO BE ENTITLED
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AN ACT
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relating to the sale of raw milk and raw milk products in this |
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state; requiring a permit. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 435, Health and Safety Code, is amended |
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by adding Subchapter C to read as follows: |
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SUBCHAPTER C. SALE OF RAW MILK |
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Sec. 435.101. DEFINITION. In this subchapter, |
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(a) "executive commissioner" means the executive |
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commissioner of the Health and Human Services Commission; and |
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(b) "raw milk coordinator" means an individual or a |
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nonprofit organization that: |
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(1) has a contractual relationship with a raw milk |
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producer; and |
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(2) sells raw milk on behalf of the raw milk producer |
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directly to consumers at an agreed-upon location. |
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Sec. 435.102. PERMIT FOR SALE OF RAW MILK AND RAW MILK |
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PRODUCTS. (a) The executive commissioner by rule shall establish a |
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program to issue permits to allow for the sale of raw milk and raw |
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milk products in this state. A person who offers raw milk or raw |
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milk products for sale in this state must hold a permit issued under |
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this section. |
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(b) A person who holds a permit issued under this section |
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may only sell raw milk or raw milk products directly to: |
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(1) a consumer in this state; |
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(2) a cooperative association, as defined by Section |
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181.001, Agriculture Code; or |
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(3) a raw milk coordinator. |
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(c) All bottles, containers, and packages enclosing raw |
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milk products must be conspicuously labeled immediately upon |
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bottling on the principal display panel to include: |
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(1) the product name; |
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(2) the batch number; |
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(3) the quantity of contents; |
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(4) the name, address, zip code, telephone number, and |
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permit number of the raw milk processor; |
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(5) all ingredients listed in descending order of |
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predominance; |
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(6) any allergens that must be identified with bold |
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letters in the ingredient statement or having a "Contains" |
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statement after the ingredient statement; and |
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(7) 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 SISK OF FOODBORNE ILLNESS. PERSONS AT |
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HIGHER RISK FOR FOODBORNE 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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(d) The executive commissioner shall adopt rules necessary |
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to implement this section. The executive commissioner may not |
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adopt rules that require a permit holder to pre-arrange the direct |
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sale of raw milk or raw milk products to a consumer. |
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Sec. 435.103. RAW MILK COORDINATOR. (a) A raw milk |
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coordinator may only sell raw milk and raw milk products described |
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by 435.102 directly to a consumer at an agreed-upon location, |
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including at a farmers' market, as defined by Section 437.020. |
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(b) All bottles, containers, and packages enclosing raw |
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milk products sold by a raw milk coordinator must be conspicuously |
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labeled in accordance with 435.102(c). |
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(c) A raw milk coordinator that purchases raw milk or raw |
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milk products from a person who holds a permit described by 135.102 |
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shall register with the department in the form and manner the |
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department prescribes. The executive commissioner may adopt rules |
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to implement this subsection. |
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SECTION 2. As soon as practicable after the effective date |
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of this Act, the executive commissioner of the Health and Human |
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Services Commission shall adopt rules as required by Section |
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435.102, Health and Safety Code, as added by this Act. |
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SECTION 3. This Act takes effect September 1, 2025. |