State Codes and Statutes
Statutes > Texas > Health-and-safety-code > Title-6-food-drugs-alcohol-and-hazardous-substances > Chapter-435-dairy-products
HEALTH AND SAFETY CODE
TITLE 6. FOOD, DRUGS, ALCOHOL, AND HAZARDOUS SUBSTANCES
SUBTITLE A. FOOD AND DRUG HEALTH REGULATIONS
CHAPTER 435. DAIRY PRODUCTS
SUBCHAPTER A. MILK OFFERED FOR SALE AND MILK GRADING
Sec. 435.001. DEFINITIONS. In this subchapter:
(1) "Board" means the Texas Board of Health.
(2) "Department" means the Texas Department of Health.
(3) "Person" means an individual, plant operator, partnership,
corporation, company, firm, trustee, or association.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 435.0015. APPLICABILITY OF OTHER LAW. Except as provided
by Section 431.010(c), Chapter 431 applies to a person and milk
or a milk product regulated under this chapter.
Added by Acts 2003, 78th Leg., ch. 757, Sec. 3, eff. Sept. 1,
2003.
Sec. 435.002. GRADING OF MILK AND MILK PRODUCTS. (a) The board
may supervise and regulate the grading and labeling of milk and
milk products according to the standards, specifications, and
requirements it adopts for each grade and in conformity with this
subchapter.
(b) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1387, Sec. 5,
eff. September 1, 2007.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1387, Sec. 5, eff. September 1, 2007.
Sec. 435.003. MILK SPECIFICATIONS. (a) The board by rule may:
(1) define what constitutes Grade "A" raw milk, Grade "A" raw
milk products, Grade "A" pasteurized milk, Grade "A" pasteurized
milk products, milk for manufacturing purposes, and dairy
products; and
(2) provide specifications for the production and handling of
milk and milk products listed in Subdivision (1) according to the
safety and food value of the milk or milk products and the
sanitary conditions under which they are produced and handled.
(b) The rules must be based on and consistent with the most
recent federal definitions, specifications, rules, and
regulations relating to milk and milk products.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1387, Sec. 1, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
1387, Sec. 2, eff. September 1, 2007.
Sec. 435.004. INSPECTION OF MILK AND MILK PRODUCTS BY BOARD.
(a) The board or its representative shall sample, test, or
inspect Grade "A" pasteurized milk and milk products, Grade "A"
raw milk and milk products for pasteurization, milk for
manufacturing purposes, and dairy products that are offered for
sale.
(b) Grade "A" pasteurized milk and milk products and Grade "A"
raw milk and milk products for pasteurization that come from
beyond the limits of state inspection shall be sampled, tested,
or inspected to determine if department standards and
requirements for milk and milk products are met.
(c) Sampling, testing, and inspection of Grade "A" pasteurized
milk and milk products and Grade "A" raw milk and milk for
pasteurization shall include, in addition to any other tests that
may be required, tests for:
(1) plate count or direct microscopic count;
(2) antibiotics;
(3) sediments;
(4) phosphatase; and
(5) water and any elements foreign to the natural contents of
Grade "A" pasteurized milk and milk products and Grade "A" raw
milk and milk products for pasteurization.
(d) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1387, Sec. 5,
eff. September 1, 2007.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1387, Sec. 3, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
1387, Sec. 5, eff. September 1, 2007.
Sec. 435.005. INSPECTION OF MILK AND MILK PRODUCTS BY OTHER
ENTITIES. (a) The board may contract with a county or
municipality to act as the agent of the board to inspect milk and
milk products and to perform other regulatory functions necessary
to enforce this subchapter.
(b) A municipality, county, or other political subdivision may
test and inspect milk or milk products. In the absence of a
contract under Subsection (a), the municipality, county, or other
political subdivision must pay the cost of the test or
inspection.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 435.006. PERMIT TO SELL MILK. (a) A person who offers
milk or milk products for sale or to be sold in this state must
hold a permit issued by the board. The person must apply to the
board or the board's representative for a permit.
(b) After receiving the application, the board or the board's
representative may determine and award the grade of milk or milk
products offered for sale by each applicant according to the
specifications for grades established under this chapter.
(c) The board shall maintain a list of the names of all
applicants to whom the board has awarded permission to use a
Grade "A" label and remove from the list the name of a person
whose permit is revoked.
(d) The board may not issue a permit to a person for a producer
dairy located in an area infected with or at a high risk for
bovine tuberculosis, as determined epidemiologically and defined
by rule of the Texas Animal Health Commission.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 2001, 77th Leg., ch. 445, Sec. 2, eff. June 4,
2001.
Sec. 435.007. USE OF MISLEADING LABEL. (a) A person may not
use a label, device, or design marked Grade "A," or any other
grade, statement, device, or design related to the safety,
sanitary quality, or food value, on milk or milk products
produced, offered for sale, or sold in this state that is
misleading or does not conform to the requirements of this
subchapter.
(b) A person may not represent, publish, label, or advertise
milk or milk products as being Grade "A" unless the milk or milk
products are:
(1) produced or processed by a person having a permit to use a
Grade "A" label as provided by this subchapter; and
(2) produced, treated, and handled in accordance with the
specifications and requirements adopted by the board for Grade
"A" milk and milk products.
(c) A person may not sell to a consumer milk or a milk product
labeled Grade "A" that has not been produced or processed by a
person who has a Grade "A" permit under this subchapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 435.008. MILK FOR RESALE. A person is not required to hold
a permit to resell or offer for resale in the same container any
milk or milk products that are represented or advertised as a
grade of milk or milk products and that are purchased from a
person holding a permit authorizing that representation or
advertisement.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 435.009. FEES. (a) A political subdivision or agency of
this state, other than the department, may not impose a fee on
milk or a milk product, or on a person for the movement,
distribution, or sale of milk or a milk product.
(b) The department shall impose the following fees only:
(1) a permit fee of $200 every two years for a producer dairy
farm;
(2) a permit fee of $800 every two years for a processing or
bottling plant;
(3) a permit fee of $800 every two years for a receiving and
transfer station;
(4) a permit fee of $200 every two years for a milk transport
tanker;
(5) a fee of 4-1/2 cents for each 100 pounds of milk or milk
products processed and distributed in this state by a processing
or bottling plant in this state, or processed by an out-of-state
processing or bottling plant and sold in this state; and
(6) a fee of 1-1/2 cents for each 100 pounds of dairy products
processed by a processing or bottling plant in this state.
(c) The board shall adopt rules to assess and collect the fees
imposed by Subsections (b)(5) and (6) monthly, quarterly,
semiannually, or annually according to amounts due by the plant.
Monthly fees shall be assessed and collected in accordance with
board rules.
(d) A permit issued under this chapter is valid for two years
and must be renewed not later than September 1 of the year in
which the permit expires.
(e) The department shall prorate fees paid for permits issued
under this chapter after the beginning of a permit year.
(f) In this section:
(1) "Dairy farm" means a place where one or more cows or goats
are kept and from which milk or milk products are provided, sold,
or offered for sale to a milk plant or transfer station.
(2) "Transfer station" means a place where milk or milk products
are transferred directly from one transport tank to another.
(g) Subject to legislative appropriation, the department may use
money collected under Subsection (b)(5) only for milk inspection.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1997, 75th Leg., ch. 411, Sec. 1, eff. Sept. 1,
1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1387, Sec. 4, eff. September 1, 2007.
Sec. 435.010. RECORDS. The board by rule shall establish
minimum standards for recordkeeping by persons required to pay a
fee under this subchapter. Those persons shall make the records
available to the department on request.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 435.011. HEARING. (a) The board shall establish a
procedure by which a person aggrieved by the application of a
board rule may receive a hearing under Chapter 2001, Government
Code.
(b) The refusal or the suspension or revocation of a permit by
the department and the appeal of that action are governed by the
procedures for a contested case hearing under Chapter 2001,
Government Code.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff.
Sept. 1, 1995; Acts 2003, 78th Leg., ch. 757, Sec. 4, eff. Sept.
1, 2003.
Sec. 435.012. REFUSAL TO GRANT PERMIT; SUSPENSION OR REVOCATION
OF PERMIT. (a) The department may refuse an application for a
permit under this chapter or may suspend or revoke a permit
issued under this chapter.
(b) The board and its representative may revoke and regrade
permits if on inspection the board or its representative finds
that the use of the grade label does not conform to the
specifications or requirements adopted by the board under this
chapter.
(c) The board by rule shall:
(1) provide for the denial, suspension, or revocation of a
permit; and
(2) establish reasonable minimum standards for granting and
maintaining a permit issued under this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 2003, 78th Leg., ch. 757, Sec. 5, eff. Sept. 1,
2003.
Sec. 435.013. MUNICIPAL REGULATION AUTHORIZED. A municipality
by ordinance may allow only pasteurized milk and pasteurized milk
products to be sold at retail in that municipality.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 435.014. CRIMINAL PENALTY. (a) A person commits an
offense if the person violates this chapter.
(b) An offense under this section is punishable by a fine of not
less than $25 or more than $200.
(c) Each violation constitutes a separate offense.
(d) The penalty prescribed by this section is subject to either
the sanctions prescribed in the Grade A Pasteurized Milk
Ordinance for products covered by the ordinance or any civil or
administrative penalty or sanction otherwise imposed by Chapter
431 or other law for products not covered by the ordinance.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 2003, 78th Leg., ch. 757, Sec. 6, eff. Sept. 1,
2003.
SUBCHAPTER B. SPECIAL REQUIREMENTS; SALE OF MILK
Sec. 435.021. IMPORTED MILK. (a) In this section:
(1) "Political subdivision" means a county or municipality or a
school, junior college, water, hospital, reclamation, or other
special-purpose district.
(2) "State agency" means an agency, department, board, or
commission of the state or a state eleemosynary, educational,
rehabilitative, correctional, or custodial facility.
(b) A state agency or political subdivision may not purchase
milk, cream, butter, or cheese, or a product consisting largely
of one or more of those items, that has been imported from
outside the United States.
(c) This section does not apply to the purchase of milk powder
if domestic milk powder is not readily available in the normal
course of business.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Renumbered from Sec. 435.022 by Acts 1989, 71st Leg., ch. 1100,
Sec. 5.06(b), eff. Sept. 1, 1989.
State Codes and Statutes
Statutes > Texas > Health-and-safety-code > Title-6-food-drugs-alcohol-and-hazardous-substances > Chapter-435-dairy-products
HEALTH AND SAFETY CODE
TITLE 6. FOOD, DRUGS, ALCOHOL, AND HAZARDOUS SUBSTANCES
SUBTITLE A. FOOD AND DRUG HEALTH REGULATIONS
CHAPTER 435. DAIRY PRODUCTS
SUBCHAPTER A. MILK OFFERED FOR SALE AND MILK GRADING
Sec. 435.001. DEFINITIONS. In this subchapter:
(1) "Board" means the Texas Board of Health.
(2) "Department" means the Texas Department of Health.
(3) "Person" means an individual, plant operator, partnership,
corporation, company, firm, trustee, or association.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 435.0015. APPLICABILITY OF OTHER LAW. Except as provided
by Section 431.010(c), Chapter 431 applies to a person and milk
or a milk product regulated under this chapter.
Added by Acts 2003, 78th Leg., ch. 757, Sec. 3, eff. Sept. 1,
2003.
Sec. 435.002. GRADING OF MILK AND MILK PRODUCTS. (a) The board
may supervise and regulate the grading and labeling of milk and
milk products according to the standards, specifications, and
requirements it adopts for each grade and in conformity with this
subchapter.
(b) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1387, Sec. 5,
eff. September 1, 2007.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1387, Sec. 5, eff. September 1, 2007.
Sec. 435.003. MILK SPECIFICATIONS. (a) The board by rule may:
(1) define what constitutes Grade "A" raw milk, Grade "A" raw
milk products, Grade "A" pasteurized milk, Grade "A" pasteurized
milk products, milk for manufacturing purposes, and dairy
products; and
(2) provide specifications for the production and handling of
milk and milk products listed in Subdivision (1) according to the
safety and food value of the milk or milk products and the
sanitary conditions under which they are produced and handled.
(b) The rules must be based on and consistent with the most
recent federal definitions, specifications, rules, and
regulations relating to milk and milk products.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1387, Sec. 1, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
1387, Sec. 2, eff. September 1, 2007.
Sec. 435.004. INSPECTION OF MILK AND MILK PRODUCTS BY BOARD.
(a) The board or its representative shall sample, test, or
inspect Grade "A" pasteurized milk and milk products, Grade "A"
raw milk and milk products for pasteurization, milk for
manufacturing purposes, and dairy products that are offered for
sale.
(b) Grade "A" pasteurized milk and milk products and Grade "A"
raw milk and milk products for pasteurization that come from
beyond the limits of state inspection shall be sampled, tested,
or inspected to determine if department standards and
requirements for milk and milk products are met.
(c) Sampling, testing, and inspection of Grade "A" pasteurized
milk and milk products and Grade "A" raw milk and milk for
pasteurization shall include, in addition to any other tests that
may be required, tests for:
(1) plate count or direct microscopic count;
(2) antibiotics;
(3) sediments;
(4) phosphatase; and
(5) water and any elements foreign to the natural contents of
Grade "A" pasteurized milk and milk products and Grade "A" raw
milk and milk products for pasteurization.
(d) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1387, Sec. 5,
eff. September 1, 2007.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1387, Sec. 3, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
1387, Sec. 5, eff. September 1, 2007.
Sec. 435.005. INSPECTION OF MILK AND MILK PRODUCTS BY OTHER
ENTITIES. (a) The board may contract with a county or
municipality to act as the agent of the board to inspect milk and
milk products and to perform other regulatory functions necessary
to enforce this subchapter.
(b) A municipality, county, or other political subdivision may
test and inspect milk or milk products. In the absence of a
contract under Subsection (a), the municipality, county, or other
political subdivision must pay the cost of the test or
inspection.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 435.006. PERMIT TO SELL MILK. (a) A person who offers
milk or milk products for sale or to be sold in this state must
hold a permit issued by the board. The person must apply to the
board or the board's representative for a permit.
(b) After receiving the application, the board or the board's
representative may determine and award the grade of milk or milk
products offered for sale by each applicant according to the
specifications for grades established under this chapter.
(c) The board shall maintain a list of the names of all
applicants to whom the board has awarded permission to use a
Grade "A" label and remove from the list the name of a person
whose permit is revoked.
(d) The board may not issue a permit to a person for a producer
dairy located in an area infected with or at a high risk for
bovine tuberculosis, as determined epidemiologically and defined
by rule of the Texas Animal Health Commission.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 2001, 77th Leg., ch. 445, Sec. 2, eff. June 4,
2001.
Sec. 435.007. USE OF MISLEADING LABEL. (a) A person may not
use a label, device, or design marked Grade "A," or any other
grade, statement, device, or design related to the safety,
sanitary quality, or food value, on milk or milk products
produced, offered for sale, or sold in this state that is
misleading or does not conform to the requirements of this
subchapter.
(b) A person may not represent, publish, label, or advertise
milk or milk products as being Grade "A" unless the milk or milk
products are:
(1) produced or processed by a person having a permit to use a
Grade "A" label as provided by this subchapter; and
(2) produced, treated, and handled in accordance with the
specifications and requirements adopted by the board for Grade
"A" milk and milk products.
(c) A person may not sell to a consumer milk or a milk product
labeled Grade "A" that has not been produced or processed by a
person who has a Grade "A" permit under this subchapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 435.008. MILK FOR RESALE. A person is not required to hold
a permit to resell or offer for resale in the same container any
milk or milk products that are represented or advertised as a
grade of milk or milk products and that are purchased from a
person holding a permit authorizing that representation or
advertisement.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 435.009. FEES. (a) A political subdivision or agency of
this state, other than the department, may not impose a fee on
milk or a milk product, or on a person for the movement,
distribution, or sale of milk or a milk product.
(b) The department shall impose the following fees only:
(1) a permit fee of $200 every two years for a producer dairy
farm;
(2) a permit fee of $800 every two years for a processing or
bottling plant;
(3) a permit fee of $800 every two years for a receiving and
transfer station;
(4) a permit fee of $200 every two years for a milk transport
tanker;
(5) a fee of 4-1/2 cents for each 100 pounds of milk or milk
products processed and distributed in this state by a processing
or bottling plant in this state, or processed by an out-of-state
processing or bottling plant and sold in this state; and
(6) a fee of 1-1/2 cents for each 100 pounds of dairy products
processed by a processing or bottling plant in this state.
(c) The board shall adopt rules to assess and collect the fees
imposed by Subsections (b)(5) and (6) monthly, quarterly,
semiannually, or annually according to amounts due by the plant.
Monthly fees shall be assessed and collected in accordance with
board rules.
(d) A permit issued under this chapter is valid for two years
and must be renewed not later than September 1 of the year in
which the permit expires.
(e) The department shall prorate fees paid for permits issued
under this chapter after the beginning of a permit year.
(f) In this section:
(1) "Dairy farm" means a place where one or more cows or goats
are kept and from which milk or milk products are provided, sold,
or offered for sale to a milk plant or transfer station.
(2) "Transfer station" means a place where milk or milk products
are transferred directly from one transport tank to another.
(g) Subject to legislative appropriation, the department may use
money collected under Subsection (b)(5) only for milk inspection.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1997, 75th Leg., ch. 411, Sec. 1, eff. Sept. 1,
1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1387, Sec. 4, eff. September 1, 2007.
Sec. 435.010. RECORDS. The board by rule shall establish
minimum standards for recordkeeping by persons required to pay a
fee under this subchapter. Those persons shall make the records
available to the department on request.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 435.011. HEARING. (a) The board shall establish a
procedure by which a person aggrieved by the application of a
board rule may receive a hearing under Chapter 2001, Government
Code.
(b) The refusal or the suspension or revocation of a permit by
the department and the appeal of that action are governed by the
procedures for a contested case hearing under Chapter 2001,
Government Code.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff.
Sept. 1, 1995; Acts 2003, 78th Leg., ch. 757, Sec. 4, eff. Sept.
1, 2003.
Sec. 435.012. REFUSAL TO GRANT PERMIT; SUSPENSION OR REVOCATION
OF PERMIT. (a) The department may refuse an application for a
permit under this chapter or may suspend or revoke a permit
issued under this chapter.
(b) The board and its representative may revoke and regrade
permits if on inspection the board or its representative finds
that the use of the grade label does not conform to the
specifications or requirements adopted by the board under this
chapter.
(c) The board by rule shall:
(1) provide for the denial, suspension, or revocation of a
permit; and
(2) establish reasonable minimum standards for granting and
maintaining a permit issued under this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 2003, 78th Leg., ch. 757, Sec. 5, eff. Sept. 1,
2003.
Sec. 435.013. MUNICIPAL REGULATION AUTHORIZED. A municipality
by ordinance may allow only pasteurized milk and pasteurized milk
products to be sold at retail in that municipality.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 435.014. CRIMINAL PENALTY. (a) A person commits an
offense if the person violates this chapter.
(b) An offense under this section is punishable by a fine of not
less than $25 or more than $200.
(c) Each violation constitutes a separate offense.
(d) The penalty prescribed by this section is subject to either
the sanctions prescribed in the Grade A Pasteurized Milk
Ordinance for products covered by the ordinance or any civil or
administrative penalty or sanction otherwise imposed by Chapter
431 or other law for products not covered by the ordinance.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 2003, 78th Leg., ch. 757, Sec. 6, eff. Sept. 1,
2003.
SUBCHAPTER B. SPECIAL REQUIREMENTS; SALE OF MILK
Sec. 435.021. IMPORTED MILK. (a) In this section:
(1) "Political subdivision" means a county or municipality or a
school, junior college, water, hospital, reclamation, or other
special-purpose district.
(2) "State agency" means an agency, department, board, or
commission of the state or a state eleemosynary, educational,
rehabilitative, correctional, or custodial facility.
(b) A state agency or political subdivision may not purchase
milk, cream, butter, or cheese, or a product consisting largely
of one or more of those items, that has been imported from
outside the United States.
(c) This section does not apply to the purchase of milk powder
if domestic milk powder is not readily available in the normal
course of business.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Renumbered from Sec. 435.022 by Acts 1989, 71st Leg., ch. 1100,
Sec. 5.06(b), eff. Sept. 1, 1989.
State Codes and Statutes
Statutes >
Texas >
Health-and-safety-code >
Title-6-food-drugs-alcohol-and-hazardous-substances >
Chapter-435-dairy-products HEALTH AND SAFETY CODE
TITLE 6. FOOD, DRUGS, ALCOHOL, AND HAZARDOUS SUBSTANCES
SUBTITLE A. FOOD AND DRUG HEALTH REGULATIONS
CHAPTER 435. DAIRY PRODUCTS
SUBCHAPTER A. MILK OFFERED FOR SALE AND MILK GRADING
Sec. 435.001. DEFINITIONS. In this subchapter:
(1) "Board" means the Texas Board of Health.
(2) "Department" means the Texas Department of Health.
(3) "Person" means an individual, plant operator, partnership,
corporation, company, firm, trustee, or association.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 435.0015. APPLICABILITY OF OTHER LAW. Except as provided
by Section 431.010(c), Chapter 431 applies to a person and milk
or a milk product regulated under this chapter.
Added by Acts 2003, 78th Leg., ch. 757, Sec. 3, eff. Sept. 1,
2003.
Sec. 435.002. GRADING OF MILK AND MILK PRODUCTS. (a) The board
may supervise and regulate the grading and labeling of milk and
milk products according to the standards, specifications, and
requirements it adopts for each grade and in conformity with this
subchapter.
(b) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1387, Sec. 5,
eff. September 1, 2007.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1387, Sec. 5, eff. September 1, 2007.
Sec. 435.003. MILK SPECIFICATIONS. (a) The board by rule may:
(1) define what constitutes Grade "A" raw milk, Grade "A" raw
milk products, Grade "A" pasteurized milk, Grade "A" pasteurized
milk products, milk for manufacturing purposes, and dairy
products; and
(2) provide specifications for the production and handling of
milk and milk products listed in Subdivision (1) according to the
safety and food value of the milk or milk products and the
sanitary conditions under which they are produced and handled.
(b) The rules must be based on and consistent with the most
recent federal definitions, specifications, rules, and
regulations relating to milk and milk products.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1387, Sec. 1, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
1387, Sec. 2, eff. September 1, 2007.
Sec. 435.004. INSPECTION OF MILK AND MILK PRODUCTS BY BOARD.
(a) The board or its representative shall sample, test, or
inspect Grade "A" pasteurized milk and milk products, Grade "A"
raw milk and milk products for pasteurization, milk for
manufacturing purposes, and dairy products that are offered for
sale.
(b) Grade "A" pasteurized milk and milk products and Grade "A"
raw milk and milk products for pasteurization that come from
beyond the limits of state inspection shall be sampled, tested,
or inspected to determine if department standards and
requirements for milk and milk products are met.
(c) Sampling, testing, and inspection of Grade "A" pasteurized
milk and milk products and Grade "A" raw milk and milk for
pasteurization shall include, in addition to any other tests that
may be required, tests for:
(1) plate count or direct microscopic count;
(2) antibiotics;
(3) sediments;
(4) phosphatase; and
(5) water and any elements foreign to the natural contents of
Grade "A" pasteurized milk and milk products and Grade "A" raw
milk and milk products for pasteurization.
(d) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1387, Sec. 5,
eff. September 1, 2007.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1387, Sec. 3, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
1387, Sec. 5, eff. September 1, 2007.
Sec. 435.005. INSPECTION OF MILK AND MILK PRODUCTS BY OTHER
ENTITIES. (a) The board may contract with a county or
municipality to act as the agent of the board to inspect milk and
milk products and to perform other regulatory functions necessary
to enforce this subchapter.
(b) A municipality, county, or other political subdivision may
test and inspect milk or milk products. In the absence of a
contract under Subsection (a), the municipality, county, or other
political subdivision must pay the cost of the test or
inspection.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 435.006. PERMIT TO SELL MILK. (a) A person who offers
milk or milk products for sale or to be sold in this state must
hold a permit issued by the board. The person must apply to the
board or the board's representative for a permit.
(b) After receiving the application, the board or the board's
representative may determine and award the grade of milk or milk
products offered for sale by each applicant according to the
specifications for grades established under this chapter.
(c) The board shall maintain a list of the names of all
applicants to whom the board has awarded permission to use a
Grade "A" label and remove from the list the name of a person
whose permit is revoked.
(d) The board may not issue a permit to a person for a producer
dairy located in an area infected with or at a high risk for
bovine tuberculosis, as determined epidemiologically and defined
by rule of the Texas Animal Health Commission.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 2001, 77th Leg., ch. 445, Sec. 2, eff. June 4,
2001.
Sec. 435.007. USE OF MISLEADING LABEL. (a) A person may not
use a label, device, or design marked Grade "A," or any other
grade, statement, device, or design related to the safety,
sanitary quality, or food value, on milk or milk products
produced, offered for sale, or sold in this state that is
misleading or does not conform to the requirements of this
subchapter.
(b) A person may not represent, publish, label, or advertise
milk or milk products as being Grade "A" unless the milk or milk
products are:
(1) produced or processed by a person having a permit to use a
Grade "A" label as provided by this subchapter; and
(2) produced, treated, and handled in accordance with the
specifications and requirements adopted by the board for Grade
"A" milk and milk products.
(c) A person may not sell to a consumer milk or a milk product
labeled Grade "A" that has not been produced or processed by a
person who has a Grade "A" permit under this subchapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 435.008. MILK FOR RESALE. A person is not required to hold
a permit to resell or offer for resale in the same container any
milk or milk products that are represented or advertised as a
grade of milk or milk products and that are purchased from a
person holding a permit authorizing that representation or
advertisement.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 435.009. FEES. (a) A political subdivision or agency of
this state, other than the department, may not impose a fee on
milk or a milk product, or on a person for the movement,
distribution, or sale of milk or a milk product.
(b) The department shall impose the following fees only:
(1) a permit fee of $200 every two years for a producer dairy
farm;
(2) a permit fee of $800 every two years for a processing or
bottling plant;
(3) a permit fee of $800 every two years for a receiving and
transfer station;
(4) a permit fee of $200 every two years for a milk transport
tanker;
(5) a fee of 4-1/2 cents for each 100 pounds of milk or milk
products processed and distributed in this state by a processing
or bottling plant in this state, or processed by an out-of-state
processing or bottling plant and sold in this state; and
(6) a fee of 1-1/2 cents for each 100 pounds of dairy products
processed by a processing or bottling plant in this state.
(c) The board shall adopt rules to assess and collect the fees
imposed by Subsections (b)(5) and (6) monthly, quarterly,
semiannually, or annually according to amounts due by the plant.
Monthly fees shall be assessed and collected in accordance with
board rules.
(d) A permit issued under this chapter is valid for two years
and must be renewed not later than September 1 of the year in
which the permit expires.
(e) The department shall prorate fees paid for permits issued
under this chapter after the beginning of a permit year.
(f) In this section:
(1) "Dairy farm" means a place where one or more cows or goats
are kept and from which milk or milk products are provided, sold,
or offered for sale to a milk plant or transfer station.
(2) "Transfer station" means a place where milk or milk products
are transferred directly from one transport tank to another.
(g) Subject to legislative appropriation, the department may use
money collected under Subsection (b)(5) only for milk inspection.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1997, 75th Leg., ch. 411, Sec. 1, eff. Sept. 1,
1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1387, Sec. 4, eff. September 1, 2007.
Sec. 435.010. RECORDS. The board by rule shall establish
minimum standards for recordkeeping by persons required to pay a
fee under this subchapter. Those persons shall make the records
available to the department on request.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 435.011. HEARING. (a) The board shall establish a
procedure by which a person aggrieved by the application of a
board rule may receive a hearing under Chapter 2001, Government
Code.
(b) The refusal or the suspension or revocation of a permit by
the department and the appeal of that action are governed by the
procedures for a contested case hearing under Chapter 2001,
Government Code.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff.
Sept. 1, 1995; Acts 2003, 78th Leg., ch. 757, Sec. 4, eff. Sept.
1, 2003.
Sec. 435.012. REFUSAL TO GRANT PERMIT; SUSPENSION OR REVOCATION
OF PERMIT. (a) The department may refuse an application for a
permit under this chapter or may suspend or revoke a permit
issued under this chapter.
(b) The board and its representative may revoke and regrade
permits if on inspection the board or its representative finds
that the use of the grade label does not conform to the
specifications or requirements adopted by the board under this
chapter.
(c) The board by rule shall:
(1) provide for the denial, suspension, or revocation of a
permit; and
(2) establish reasonable minimum standards for granting and
maintaining a permit issued under this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 2003, 78th Leg., ch. 757, Sec. 5, eff. Sept. 1,
2003.
Sec. 435.013. MUNICIPAL REGULATION AUTHORIZED. A municipality
by ordinance may allow only pasteurized milk and pasteurized milk
products to be sold at retail in that municipality.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 435.014. CRIMINAL PENALTY. (a) A person commits an
offense if the person violates this chapter.
(b) An offense under this section is punishable by a fine of not
less than $25 or more than $200.
(c) Each violation constitutes a separate offense.
(d) The penalty prescribed by this section is subject to either
the sanctions prescribed in the Grade A Pasteurized Milk
Ordinance for products covered by the ordinance or any civil or
administrative penalty or sanction otherwise imposed by Chapter
431 or other law for products not covered by the ordinance.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 2003, 78th Leg., ch. 757, Sec. 6, eff. Sept. 1,
2003.
SUBCHAPTER B. SPECIAL REQUIREMENTS; SALE OF MILK
Sec. 435.021. IMPORTED MILK. (a) In this section:
(1) "Political subdivision" means a county or municipality or a
school, junior college, water, hospital, reclamation, or other
special-purpose district.
(2) "State agency" means an agency, department, board, or
commission of the state or a state eleemosynary, educational,
rehabilitative, correctional, or custodial facility.
(b) A state agency or political subdivision may not purchase
milk, cream, butter, or cheese, or a product consisting largely
of one or more of those items, that has been imported from
outside the United States.
(c) This section does not apply to the purchase of milk powder
if domestic milk powder is not readily available in the normal
course of business.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Renumbered from Sec. 435.022 by Acts 1989, 71st Leg., ch. 1100,
Sec. 5.06(b), eff. Sept. 1, 1989.
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