EY GENERAL EXAS

April 4, 1958

Dr, Henry A. Holle Department of Health Austin, Texas OpinionNo. ~~-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 JerseyMilk", "All Guernsey Milk" etc., to designate the product, or shouldmilk, 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 departmentyou have stated that a group of milk producers has requested approval by your department of a label which contains the words "PA11 JerseyMilk." These milk producers intend to use this label on a milk carton containing theirproduct, if such approva.1 by your department is granted. In connectionwith 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,permitthe, use of any other term such as "All JerseyMi,lk","All Guernsey Milk", Milk", etc. "All Holstein Milk", "Hereford

to designate the product:, or should milk regardless of breed sourcebe 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:
"Nomilk 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 'GradeA' or 'GradeB', or any other grade, statement,design or device, regarding the safety, sanitaryquality 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 restrictionspertain to labelswhich are concernedwith the "safety, sanitary quality or food value" of the product. This type of labelmust neither be "misleading" nor not in conformance -withthe definitions and requirements of this act.

In Opinion No.V-1095 dated August 22, 1959, addressed to the State Health Officer,Attorney Generalprice 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 neitherdoes 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 misleadingwithin the prohibition of the statuteas they in no way describe the safety, milk. sanitaryquality or food value of theI

To determine compliancewith the secondprohibition 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 completemilking of one or more healthy cows,exclud.ingthat,obtainedwithin fifteendays before and five days after caiving, or such longerperiod as may be necessary to render themilk practically colostrum free; which contains not less than eightper cent (8%) of milk solidsnot-fat, and not lessthan three and one-fourthpercent (3-l/qth$)of milk fat." There is nothing in this definitionwhich 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 laboratoryanalysis the breed source of standardizedmilk. While this does complicate the enforcementof themislabeling laws, this does not of itselfprohibit the use of the words "All JerseyMilk". This factmerely requires the use of techniques other than laboratory analysis'

to determine the correctnessof 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 suchmilk is not prohibitedby 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 AssistantAttorne

OPINION COMMITTEE: Geo. P. Blackburn, Chairman Cecil C. Rotsch Milton Richardson John H. Minton, Jr.
REXIEWED FOR THE ATTORhmYGENJZRAL BY: W. V. Geppert