By: Hull H.B. No. 1669
A BILL TO BE ENTITLED
AN ACT
relating to the sale of raw milk and raw milk products in this
state; requiring a permit.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 435, Health and Safety Code, is amended
by adding Subchapter C to read as follows:
SUBCHAPTER C. SALE OF RAW MILK
Sec. 435.101. DEFINITION. In this subchapter,
(a) "executive commissioner" means the executive
commissioner of the Health and Human Services Commission; and
(b) "raw milk coordinator" means an individual or a
nonprofit organization that:
(1) has a contractual relationship with a raw milk
producer; and
(2) sells raw milk on behalf of the raw milk producer
directly to consumers at an agreed-upon location.
Sec. 435.102. PERMIT FOR SALE OF RAW MILK AND RAW MILK
PRODUCTS. (a) The executive commissioner by rule shall establish a
program to issue permits to allow for the sale of raw milk and raw
milk products in this state. A person who offers raw milk or raw
milk products for sale in this state must hold a permit issued under
this section.
(b) A person who holds a permit issued under this section
may only sell raw milk or raw milk products directly to:
(1) a consumer in this state;
(2) a cooperative association, as defined by Section
181.001, Agriculture Code; or
(3) a raw milk coordinator.
(c) All bottles, containers, and packages enclosing raw
milk products must be conspicuously labeled immediately upon
bottling on the principal display panel to include:
(1) the product name;
(2) the batch number;
(3) the quantity of contents;
(4) the name, address, zip code, telephone number, and
permit number of the raw milk processor;
(5) all ingredients listed in descending order of
predominance;
(6) any allergens that must be identified with bold
letters in the ingredient statement or having a "Contains"
statement after the ingredient statement; and
(7) the following statement: "THIS PRODUCT CONTAINS
UNPASTEURIZED MILK. CONSUMING RAW FOODS, INCLUDING RAW DAIRY
PRODUCTS, MAY INCREASE YOUR SISK OF FOODBORNE ILLNESS. PERSONS AT
HIGHER RISK FOR FOODBORNE ILLNESS INCLUDE PREGNANT AND NURSING
WOMEN, CHILDREN, THE ELDERLY, AND PEOPLE WITH WEAKENED IMMUNE
SYSTEMS."
(d) The executive commissioner shall adopt rules necessary
to implement this section. The executive commissioner may not
adopt rules that require a permit holder to pre-arrange the direct
sale of raw milk or raw milk products to a consumer.
Sec. 435.103. RAW MILK COORDINATOR. (a) A raw milk
coordinator may only sell raw milk and raw milk products described
by 435.102 directly to a consumer at an agreed-upon location,
including at a farmers' market, as defined by Section 437.020.
(b) All bottles, containers, and packages enclosing raw
milk products sold by a raw milk coordinator must be conspicuously
labeled in accordance with 435.102(c).
(c) A raw milk coordinator that purchases raw milk or raw
milk products from a person who holds a permit described by 135.102
shall register with the department in the form and manner the
department prescribes. The executive commissioner may adopt rules
to implement this subsection.
SECTION 2. As soon as practicable after the effective date
of this Act, the executive commissioner of the Health and Human
Services Commission shall adopt rules as required by Section
435.102, Health and Safety Code, as added by this Act.
SECTION 3. This Act takes effect September 1, 2025.