85R1052 KKR-F     By: Hall S.B. No. 95       A BILL TO BE ENTITLED   AN ACT   relating to the regulation of raw milk and raw milk products; adding   a provision subject to a criminal penalty.          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.          (b)  Except as provided by Section 435.013, a permit holder   who is authorized to sell raw milk or raw milk products at retail   may make retail sales of raw milk or raw milk products directly to a   consumer in this state at:                (1)  the permit holder's place of business;                (2)  the consumer's residence; or                (3)  a farmers' market as defined by Section 437.020.          (c)  Raw milk and raw milk products must be maintained in   compliance with Section 435.0063.          (d)  A person who sells raw milk or raw milk products under   this section shall affix to individual raw milk or raw milk product   containers a label that includes:                (1)  the name of the permit holder;                (2)  the permit holder'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.   On request, the department 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.  STORING, HANDLING, AND TRANSPORTING RAW MILK   AND RAW MILK PRODUCTS FOR RETAIL SALE. (a)  The executive   commissioner shall adopt rules for the safe storing, handling, and   transporting of raw milk and raw milk products produced for sale   under Section 435.0061.          (b)  Raw milk and raw milk products produced for retail sale   under this chapter must be placed in a sterile or single-use   container and sold not later than the fifth day after the date the   container was filled.          (c)  Raw milk and raw milk products being transported for   delivery must be:                (1)  maintained in air temperatures at or below 45   degrees Fahrenheit at all times except during transfer from one   storage area or transportation vehicle to another; and                (2)  protected from exposure to direct sunlight.          (d)  The department or a local health authority may not   mandate the specific method for complying with a temperature   requirement.          (e)  A producer may contract with another person to transport   and deliver raw milk and raw milk products in accordance with this   section. The producer is jointly and severally liable for   transport and delivery of raw milk and raw milk products not   conducted in accordance with this chapter and department rules.          SECTION 2.  This Act takes effect September 1, 2017.