Representative Dan Flynn (R-Van), Chairman House Pensions, sent a letter to the Attorney General’s Office this week expressing deep concerns about Department of State Health Services conduct in the agencies attempt to overstep its bounds. Recently, in both Austin and Houston, local health departments seemingly acting pursuant to direction from DSHS officials, intervened in the delivery of raw milk to customers who had already legally purchased the product. Both times, the health departments brought along the police, even though the customers were buying a legal food product. Raw milk is only allowed to be sold on the farm, and the customers had hired an independent agent to act as their courier and deliver their food for health, safety and reasons of convenience.
Representative Flynn said, “Not one illness has been reported, no pathogens have been found in this farmers milk, and there is absolutely no health basis for this action. This is harassment of the farmer, the couriers, and the customers. Use of state funds for travel or the expenditure of salaried hours for purposes of harassing citizens conducting legal activities is, I believe, either misuse of office and/or improper expenditure of state funds. State Agencies cannot legislate what they don’t like in the law.”