83R21604 KKR-D
By: Flynn, Bonnen of Brazoria, Laubenberg, H.B. No. 46
Zedler, et al.
Substitute the following for H.B. No. 46:
By: Kolkhorst C.S.H.B. No. 46
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of raw milk and raw milk products.
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 437.0201.
(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 department 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 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, 2013.