| 1 | 1 | | By: Hull H.B. No. 1669 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | relating to the sale of raw milk and raw milk products in this |
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| 9 | 9 | | state; requiring a permit. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Chapter 435, Health and Safety Code, is amended |
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| 12 | 12 | | by adding Subchapter C to read as follows: |
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| 13 | 13 | | SUBCHAPTER C. SALE OF RAW MILK |
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| 14 | 14 | | Sec. 435.101. DEFINITION. In this subchapter, |
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| 15 | 15 | | (a) "executive commissioner" means the executive |
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| 16 | 16 | | commissioner of the Health and Human Services Commission; and |
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| 17 | 17 | | (b) "raw milk coordinator" means an individual or a |
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| 18 | 18 | | nonprofit organization that: |
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| 19 | 19 | | (1) has a contractual relationship with a raw milk |
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| 20 | 20 | | producer; and |
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| 21 | 21 | | (2) sells raw milk on behalf of the raw milk producer |
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| 22 | 22 | | directly to consumers at an agreed-upon location. |
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| 23 | 23 | | Sec. 435.102. PERMIT FOR SALE OF RAW MILK AND RAW MILK |
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| 24 | 24 | | PRODUCTS. (a) The executive commissioner by rule shall establish a |
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| 25 | 25 | | program to issue permits to allow for the sale of raw milk and raw |
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| 26 | 26 | | milk products in this state. A person who offers raw milk or raw |
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| 27 | 27 | | milk products for sale in this state must hold a permit issued under |
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| 28 | 28 | | this section. |
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| 29 | 29 | | (b) A person who holds a permit issued under this section |
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| 30 | 30 | | may only sell raw milk or raw milk products directly to: |
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| 31 | 31 | | (1) a consumer in this state; |
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| 32 | 32 | | (2) a cooperative association, as defined by Section |
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| 33 | 33 | | 181.001, Agriculture Code; or |
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| 34 | 34 | | (3) a raw milk coordinator. |
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| 35 | 35 | | (c) All bottles, containers, and packages enclosing raw |
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| 36 | 36 | | milk products must be conspicuously labeled immediately upon |
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| 37 | 37 | | bottling on the principal display panel to include: |
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| 38 | 38 | | (1) the product name; |
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| 39 | 39 | | (2) the batch number; |
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| 40 | 40 | | (3) the quantity of contents; |
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| 41 | 41 | | (4) the name, address, zip code, telephone number, and |
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| 42 | 42 | | permit number of the raw milk processor; |
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| 43 | 43 | | (5) all ingredients listed in descending order of |
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| 44 | 44 | | predominance; |
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| 45 | 45 | | (6) any allergens that must be identified with bold |
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| 46 | 46 | | letters in the ingredient statement or having a "Contains" |
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| 47 | 47 | | statement after the ingredient statement; and |
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| 48 | 48 | | (7) the following statement: "THIS PRODUCT CONTAINS |
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| 49 | 49 | | UNPASTEURIZED MILK. CONSUMING RAW FOODS, INCLUDING RAW DAIRY |
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| 50 | 50 | | PRODUCTS, MAY INCREASE YOUR SISK OF FOODBORNE ILLNESS. PERSONS AT |
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| 51 | 51 | | HIGHER RISK FOR FOODBORNE ILLNESS INCLUDE PREGNANT AND NURSING |
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| 52 | 52 | | WOMEN, CHILDREN, THE ELDERLY, AND PEOPLE WITH WEAKENED IMMUNE |
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| 53 | 53 | | SYSTEMS." |
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| 54 | 54 | | (d) The executive commissioner shall adopt rules necessary |
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| 55 | 55 | | to implement this section. The executive commissioner may not |
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| 56 | 56 | | adopt rules that require a permit holder to pre-arrange the direct |
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| 57 | 57 | | sale of raw milk or raw milk products to a consumer. |
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| 58 | 58 | | Sec. 435.103. RAW MILK COORDINATOR. (a) A raw milk |
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| 59 | 59 | | coordinator may only sell raw milk and raw milk products described |
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| 60 | 60 | | by 435.102 directly to a consumer at an agreed-upon location, |
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| 61 | 61 | | including at a farmers' market, as defined by Section 437.020. |
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| 62 | 62 | | (b) All bottles, containers, and packages enclosing raw |
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| 63 | 63 | | milk products sold by a raw milk coordinator must be conspicuously |
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| 64 | 64 | | labeled in accordance with 435.102(c). |
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| 65 | 65 | | (c) A raw milk coordinator that purchases raw milk or raw |
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| 66 | 66 | | milk products from a person who holds a permit described by 135.102 |
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| 67 | 67 | | shall register with the department in the form and manner the |
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| 68 | 68 | | department prescribes. The executive commissioner may adopt rules |
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| 69 | 69 | | to implement this subsection. |
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| 70 | 70 | | SECTION 2. As soon as practicable after the effective date |
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| 71 | 71 | | of this Act, the executive commissioner of the Health and Human |
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| 72 | 72 | | Services Commission shall adopt rules as required by Section |
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| 73 | 73 | | 435.102, Health and Safety Code, as added by this Act. |
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| 74 | 74 | | SECTION 3. This Act takes effect September 1, 2025. |
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