HB1669 - Relating to the sale of raw milk and raw milk products in this state; requiring a permit.

      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.