| 1 | 1 | | 86R8896 KKR-D |
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| 2 | 2 | | By: Hughes S.B. No. 931 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the regulation of raw milk and raw milk products. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Sections 435.004(a) and (c), Health and Safety |
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| 10 | 10 | | Code, are amended to read as follows: |
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| 11 | 11 | | (a) The department shall sample, test, or inspect Grade "A" |
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| 12 | 12 | | pasteurized milk and milk products, Grade "A" raw milk and milk |
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| 13 | 13 | | products [for pasteurization], milk for manufacturing purposes, |
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| 14 | 14 | | and dairy products that are offered for sale. |
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| 15 | 15 | | (c) Sampling, testing, and inspection of Grade "A" |
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| 16 | 16 | | pasteurized milk and milk products and Grade "A" raw milk and milk |
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| 17 | 17 | | products [for pasteurization] shall include, in addition to any |
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| 18 | 18 | | other tests that may be required, tests for: |
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| 19 | 19 | | (1) plate count or direct microscopic count; |
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| 20 | 20 | | (2) antibiotics; |
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| 21 | 21 | | (3) sediments; |
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| 22 | 22 | | (4) phosphatase; and |
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| 23 | 23 | | (5) water and any elements foreign to the natural |
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| 24 | 24 | | contents of Grade "A" pasteurized milk and milk products and Grade |
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| 25 | 25 | | "A" raw milk and milk products [for pasteurization]. |
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| 26 | 26 | | SECTION 2. Subchapter B, Chapter 435, Health and Safety |
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| 27 | 27 | | Code, is amended by adding Section 435.022 to read as follows: |
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| 28 | 28 | | Sec. 435.022. RETAIL SALE OF RAW MILK AND MILK PRODUCTS. |
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| 29 | 29 | | (a) Subject to Subsection (b), raw milk and milk products may be |
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| 30 | 30 | | sold at retail in this state in the same manner as pasteurized milk |
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| 31 | 31 | | or milk products only if the raw milk or milk products are produced |
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| 32 | 32 | | in this state. |
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| 33 | 33 | | (b) A person who produces raw milk or raw milk products for |
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| 34 | 34 | | sale at retail in this state shall maintain a liability insurance |
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| 35 | 35 | | policy that provides liability coverage of not less than $1 million |
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| 36 | 36 | | for damages arising from the consumption of raw milk or a raw milk |
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| 37 | 37 | | product sold by the person. The insurance policy must be issued by |
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| 38 | 38 | | an insurance company that is authorized to engage in business in |
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| 39 | 39 | | this state. |
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| 40 | 40 | | SECTION 3. Section 435.013, Health and Safety Code, is |
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| 41 | 41 | | repealed. |
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| 42 | 42 | | SECTION 4. This Act takes effect September 1, 2019. |
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