EY GENERAL 

EXAS 

April 4, 1958 

Dr, Henry A. Holle 

Department of Health 

Austin, Texas 

Opinion No. ~~-408 

FCE: Does the definition of milk, 

as provided in Section l(A) of 

Article 165-3, permit the use 

of any other term, such as "All 

Jersey Milk", "All Guernsey Milk" 

etc., to designate the product, 

or should milk, regardless of 

breed source, be labeled 

simply "Milk" under a uniform 

designation of the food product? 

Dear Dr. Holle: 

In a recent letter to this department you have stated 

that a group of milk producers has requested approval by your 

department of a label which contains the words "PA11 Jersey Milk." 

These milk producers intend to use this label on a milk carton 

containing their product, if such approva.1 by your department 

is granted. In connection with their request, you have asked us 

the following question: 

Article 

"Does the definition of milk as nrovided in 

Section l(A) of Article 165-3,permit the, use of 

any other term such as "All Jersey Mi,lk", "All 

Guernsey Milk", 

Milk", etc. 

"All Holstein Milk", "Hereford 

to designate the product:, or should 

milk regardless of breed source be labeled simply, 

"Milk" under a uniform designation of the food 

product?" 

The restrictions on labeling are contained in Section 4 of 

165-3 which reads as follows: 

"No milk or milk products sold, produced or 

offered for sale within this state by any person, 

firm, association or corporation shall carry a 

label, device or design marked 'Grade A' or 

'Grade B', or any other grade, statement, design 

or device, regarding the safety, sanitary quality 

or food value of the contents of the container 

which is misleading or which does not conform to the 

definition and requirements of this Act." 
"Dr. Henry A. Holle, page 2 (WW-408).!’ 

These restrictions pertain to labels which are concerned with the "safety, sanitary quality or food value" of 

the product. This type of label must neither be "misleading" 

nor not in conformance -with the definitions and requirements 

of this act. 

In Opinion No. V-1095 dated August 22, 1959, addressed 

to the State Health Officer, Attorney General price Daniel held 

that the addition of the word "fresh" to a label for Grade A, 

pasteurized, homogenized, Vitamin D milk was not prahibited by 

Section 4 of Article 165-3, V.C.S., because the term "fresh" 

does not refer to the safety, sanitary quality or food value of 

the milk. 

Jersey" 

It is our opinion that neither does the term "All 

refer to the safety, sanitary quality or food value of 

the milk. 

It is obvious that the words "All Jersey" are, not misleading within the prohibition of the statute as they in no way 

describe the safety, 

milk. 

sanitary quality or food value of theI 

To determine compliance with the second prohibition of 

Section 4 we must look to the definition of "Milk" which is contained in Section l(A) as follows: 

"Milk is hereby defined' to be'the labteal 

secretion obtained by the complete milking of one 

or more healthy cows,exclud.ingthat,obtained within fifteen days before and five days after caiving, 

or such longer period as may be necessary to render 

the milk practically colostrum free; which contains 

not less than eight per cent (8%) of milk solidsnot-fat, and not lessthan three and one-fourth percent 

(3-l/qth$) of milk fat." 

There is nothing in this definition which prohibits the use of 

some term to designate the breed source and the use of suoh term 

would be allowed. 

It has been stated that it is impossible to determine by 

laboratory analysis the breed source of standardized milk. While 

this does complicate the enforcement of the mislabeling laws, this 

does not of itself prohibit the use of the words "All Jersey Milk". 

This fact merely requires the use of techniques other than laboratory analysis' to determine the correctness of the breed source 

label. 
"Dr. Henry A. Holle, page 3 (wW-408)." 

SUMMARY 

The use of the designation "All Jersey 

Milk" on milk cartons containing such milk is 

not prohibited by Section 4 or Section l(A) of 

Article 165-3 of Vernon's Civil Statutes. 

Very truly yours, 

WILL WILSON 

JI&c:dac:mc 

APPROVED: 

I 

4 

Assistant Attorne 

OPINION COMMITTEE: 

Geo. P. Blackburn, Chairman 

Cecil C. Rotsch 

Milton Richardson 

John H. Minton, Jr. 

REXIEWED FOR THE ATTORhmY GENJZRAL 

BY: W. V. Geppert