(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.

Terms Used In Texas Health and Safety Code 435.007

  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005

(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.