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 department. The person must apply to the department for a permit.
(b) After receiving the application, the department 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 department shall maintain a list of the names of all applicants to whom the department 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 department 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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1081, eff. April 2, 2015.
Structure Texas Statutes
Title 6 - Food, Drugs, Alcohol, and Hazardous Substances
Subtitle A - Food and Drug Health Regulations
Subchapter A. Milk Offered for Sale and Milk Grading
Section 435.0015. Applicability of Other Law
Section 435.002. Grading of Milk and Milk Products
Section 435.003. Milk Specifications
Section 435.004. Inspection of Milk and Milk Products by Department
Section 435.005. Inspection of Milk and Milk Products by Other Entities
Section 435.006. Permit to Sell Milk
Section 435.007. Use of Misleading Label
Section 435.008. Milk for Resale
Section 435.012. Refusal to Grant Permit; Suspension or Revocation of Permit