The Department of State Health Services (department) proposes to repeal Subchapters A, C, D, and E of those rules found in Title 25, Chapter 217, of the Texas Administrative Code, titled “Milk and Dairy” and replace these Subchapters with updated language as well as add an entirely new Subchapter concerning the Manufacture of Non-Grade A Milk Products. The proposed rules were published in the October 30, 2009 issue of the Texas Register (34 TexReg 7510).
Specifically, the proposed new rules update language for Grade Specifications and Requirements for Milk (proposed new Subchapter A); Rules for the Manufacture of Frozen Desserts (proposed new Subchapter C); Bulk Milk Regulations (proposed new Subchapter D); and Permits, Fees, and Enforcement (proposed new Subchapter F). The entirely new Subchapter being added, titled Dairy Products and Milk for Manufacturing Purposes (proposed new Subchapter E), implements Senate Bill (SB) 1714, 80th Legislature, Regular Session, 2007, which amended sections 435.003, 435.004, and 435.009 of the Health and Safety Code, to include the regulation and inspection of all non-Grade A dairy products, such as cheese, butter and milk powder. The proposed rules require that these non-Grade A dairy products be handled and produced in accordance with those laws and rules that apply to Grade A dairy products and provides for the licenses and fees associated with these activities. Subchapter B, sections 217.21 - 217.33 of Chapter 217, relating to Grade A Raw for Retail Milk and Milk Products, is not being revised at this time and will remain in effect as it is currently published in the Texas Administrative Code.
The department will hold a public hearing on Monday, November 23, 2009, from 1:00 p.m. - 4:00 p.m. at the Department of State Health Services, 1100 West 49th Street, in Austin, Texas, 78756, in room K-100.
This hearing allows stakeholders the opportunity to provide any comments or concerns – either orally or in writing – regarding the proposed rules to the department. Please note that because Subchapter B is not being revised, comments relating to the sale and distribution of Grade A Retail Raw Milk are not pertinent. Oral comments received at the public hearing will be recorded for review and considered equally as comments received in writing. See the Proposed Preamble and Proposed Rules below.
The department will accept comments for these proposed rules through 5:00 pm on December 1, 2009. For further information or questions concerning these proposed rules or to submit written comments, please contact Gene Wright, Environmental and Consumer Safety Section, Division of Regulatory Services, Department of State Health Services, MC 1987, P.O. Box 149347, Austin, Texas, 78714-9347; phone number (512) 834-6770, extension 2570; fax number (512) 834-6756; or email the Milk Group.
To review the Proposed Rules or the Preamble to the Proposed Rules, click on the links below.
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Division for Regulatory Services - P. O. Box 149347- Austin, Texas 78714-9347 - 512-834-6770