86R3311 KKR-D
By: Flynn H.B. No. 503
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 or an employee or agent of the permit holder.
(b) A person who holds a permit to sell raw milk or raw milk
products at retail or an employee or agent of the person may sell
raw milk or raw milk products directly to a consumer in this state
at:
(1) the person's place of business;
(2) the consumer's residence; or
(3) a farmers' market as defined by Section 437.020.
(c) A person who sells raw milk or raw milk products under
this section shall maintain the raw milk or raw milk products in
compliance with Section 435.0063.
(d) A person who sells raw milk or raw milk products under
this section shall affix to each raw milk or raw milk product
container a label that includes:
(1) the person's name or business name;
(2) the person's permit number;
(3) the calendar date the raw milk or raw milk product
was placed 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.
The department on request 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. HANDLING AND TRANSPORTING RAW MILK AND RAW
MILK PRODUCTS FOR RETAIL SALE. (a) A person who produces raw milk
or raw milk products for retail sale under this chapter shall:
(1) place the raw milk or raw milk products in an
aseptic or single-use container; and
(2) sell the raw milk or raw milk products not later
than the fifth day after the date the container is filled, unless
the raw milk or raw milk product is frozen and remains frozen until
sold.
(b) A producer or other person who transports raw milk or
raw milk products for delivery shall:
(1) maintain the raw milk or raw milk products in air
temperatures at or below 41 degrees Fahrenheit; and
(2) protect the raw milk or raw milk products from
exposure to direct sunlight.
(c) The department or a local health authority may not
mandate the specific method for complying with a temperature
requirement under Subsection (b).
(d) A producer may contract with another person to transport
and deliver raw milk or raw milk products in accordance with this
section. The producer is jointly and severally liable for
transport and delivery of raw milk or raw milk products not
conducted in accordance with this chapter and department rules.
SECTION 2. Section 435.013, Health and Safety Code, is
repealed.
SECTION 3. This Act takes effect September 1, 2019.