1. (a) Grade A raw milk and Grade A raw milk products may be sold by the Grade A raw milk processor directly to the consumer at the raw milk processor dairy farm, provided that such producer has been issued a Grade A Raw for Retail Permit in accordance with §217.91 of this title (relating to Milk Facilities and Operations Permit and Frozen Dessert License Procedures), and complies with this subchapter.

2. (b) Grade A raw milk and Grade A raw milk products may be delivered by the permitted processor, or the permitted processor''s employee, to a location determined by the processor and customer, as long as the distribution does not violate a local ordinance, provided that the permitted processor:

   1. (1) Ensures all Grade A raw milk and Grade A raw milk products are delivered in refrigerated sanitary equipment.

      1. (A) If ice is used to keep Grade A raw milk and Grade A raw milk products cold, the ice must come from an approved source or made with approved potable water source and must not contain any dirt, debris, or other contaminations.
      2. (B) Grade A raw milk and Grade A raw milk products must not be completely submerged in ice.
   2. (2) Ensures the Grade A raw milk and Grade A raw milk products internal temperature is maintained at or below 45 degrees Fahrenheit during processing, transportation, and delivery.
   3. (3) Includes a temperature-control-sample in each delivery that is representative of half the size of the largest container for each delivery, and ensures the internal temperature reading of the Grade A raw milk and Grade A raw milk product is maintained at or below 45 degrees Fahrenheit (7 degrees Celsius).
   4. (4) Grade A raw milk and Grade A raw milk products must not be frozen unless unfrozen samples are available for the department to sample. The unfrozen samples must be representative of the most current milking.

Source Note:The provisions of this §217.31 adopted to be effective May 17, 2021, 46 TexReg 3128.