| 1 | 1 | | 83R21604 KKR-D |
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| 2 | 2 | | By: Flynn, Bonnen of Brazoria, Laubenberg, H.B. No. 46 |
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| 3 | 3 | | Zedler, et al. |
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| 4 | 4 | | Substitute the following for H.B. No. 46: |
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| 5 | 5 | | By: Kolkhorst C.S.H.B. No. 46 |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to the regulation of raw milk and raw milk products. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter A, Chapter 435, Health and Safety |
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| 13 | 13 | | Code, is amended by adding Sections 435.0061, 435.0062, and |
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| 14 | 14 | | 435.0063 to read as follows: |
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| 15 | 15 | | Sec. 435.0061. RAW MILK AND RAW MILK PRODUCTS FOR RETAIL |
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| 16 | 16 | | SALE. (a) This section does not authorize the sale of: |
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| 17 | 17 | | (1) raw milk or raw milk products to or on the premises |
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| 18 | 18 | | of a grocery store, supermarket, or similar retail market; |
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| 19 | 19 | | (2) raw milk or raw milk products that are a blend of |
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| 20 | 20 | | raw milk purchased from more than one holder of a permit issued |
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| 21 | 21 | | under this chapter; or |
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| 22 | 22 | | (3) raw milk or raw milk products by a person other |
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| 23 | 23 | | than the permit holder. |
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| 24 | 24 | | (b) Except as provided by Section 435.013, a person who |
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| 25 | 25 | | holds a permit that authorizes the person to sell raw milk or raw |
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| 26 | 26 | | milk products at retail may make retail sales of raw milk or raw |
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| 27 | 27 | | milk products directly to a consumer in this state at: |
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| 28 | 28 | | (1) the permit holder's place of business; |
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| 29 | 29 | | (2) the consumer's residence; or |
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| 30 | 30 | | (3) a farmers' market as defined by Section 437.0201. |
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| 31 | 31 | | (c) Raw milk and raw milk products must be maintained in |
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| 32 | 32 | | compliance with Section 435.0063. |
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| 33 | 33 | | (d) A person who sells raw milk or raw milk products under |
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| 34 | 34 | | this section shall affix to individual raw milk or raw milk product |
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| 35 | 35 | | containers a label that includes: |
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| 36 | 36 | | (1) the name of the permit holder; |
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| 37 | 37 | | (2) the permit holder's permit number; |
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| 38 | 38 | | (3) the calendar date the raw milk or raw milk product |
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| 39 | 39 | | was packaged in the container; and |
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| 40 | 40 | | (4) the following statement: "This product contains |
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| 41 | 41 | | unpasteurized milk. Consuming raw foods, including raw dairy |
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| 42 | 42 | | products, may increase your risk of food-borne illness. Persons at |
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| 43 | 43 | | higher risk for food-borne illness include pregnant and nursing |
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| 44 | 44 | | women, children, the elderly, and people with weakened immune |
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| 45 | 45 | | systems." |
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| 46 | 46 | | Sec. 435.0062. AVAILABILITY OF RECORDS ON RAW MILK TESTING. |
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| 47 | 47 | | On request, the department shall provide the requestor with a |
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| 48 | 48 | | record of test results from an inspection of raw milk or raw milk |
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| 49 | 49 | | products conducted under Section 435.004 or 435.005. |
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| 50 | 50 | | Sec. 435.0063. STORING, HANDLING, AND TRANSPORTING RAW MILK |
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| 51 | 51 | | AND RAW MILK PRODUCTS FOR RETAIL SALE. (a) The department shall |
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| 52 | 52 | | adopt rules for the safe storing, handling, and transporting of raw |
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| 53 | 53 | | milk and raw milk products produced for sale under Section |
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| 54 | 54 | | 435.0061. |
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| 55 | 55 | | (b) Raw milk and raw milk products produced for sale under |
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| 56 | 56 | | this chapter must be placed in a sterile or single-use container and |
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| 57 | 57 | | sold not later than the fifth day after the date the container was |
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| 58 | 58 | | filled. |
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| 59 | 59 | | (c) Raw milk and raw milk products being transported for |
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| 60 | 60 | | delivery must be: |
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| 61 | 61 | | (1) maintained in air temperatures at or below 45 |
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| 62 | 62 | | degrees Fahrenheit at all times except during transfer from one |
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| 63 | 63 | | storage area or transportation vehicle to another; and |
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| 64 | 64 | | (2) protected from exposure to direct sunlight. |
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| 65 | 65 | | (d) The department or a local health authority may not |
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| 66 | 66 | | mandate the specific method for complying with a temperature |
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| 67 | 67 | | requirement. |
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| 68 | 68 | | (e) A producer may contract with another person to transport |
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| 69 | 69 | | and deliver raw milk and raw milk products in accordance with this |
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| 70 | 70 | | section. The producer is jointly and severally liable for |
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| 71 | 71 | | transport and delivery of raw milk and raw milk products not |
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| 72 | 72 | | conducted in accordance with this chapter and department rules. |
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| 73 | 73 | | SECTION 2. This Act takes effect September 1, 2013. |
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