A bill to be introduced Feb. 21 in both houses of the Texas Legislature would allow raw milk producers to make home deliveries of their product and sell it at farmers’ markets--even roadside stands and flea markets.
Currently, Texas law allows raw milk sales “only at the point of production.”
Raw milk proponents argue that the milk provide more nutrients than pasteurized milk. But the Food and Drug Administration and the Centers for Disease Control beg to differ. These agencies point out that between 1998 and 2005, raw milk has been linked to 1,007 illnesses, 104 hospitalizations and two deaths.
The text of the bill follows:
Text of HB 75 and SB 237
An Act relating to the regulation of raw milk and raw milk products.
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 Section 435.0061 to read as follows:
Sec. 435.0061. RAW MILK AND RAW MILK PRODUCTS FOR RETAIL SALE. (a) Except as provided by Section 435.013, a person who holds a permit that authorizes the person 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) any other location where producers customarily sell their products directly to consumers, including a farmers' market, farm stand, flea market, food cooperative, or fair.
(b) The permit holder may deliver the raw milk or raw milk products to the consumer at the point of sale or any other location in this state the consumer designates.
SECTION 2. This Act takes effect September 1, 2011.