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 executive commissioner 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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1082, 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