bill requiring a permit to sell raw milk

The text as introduced · 562 words

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.