Bill Text: DE HB338 | 2013-2014 | 147th General Assembly | Draft


Bill Title: An Act To Amend Title 3 Of The Delaware Code Relating To Raw Milk.

Spectrum: Moderate Partisan Bill (Republican 9-1)

Status: (Introduced - Dead) 2014-05-14 - Introduced and Assigned to Agriculture Committee in House [HB338 Detail]

Download: Delaware-2013-HB338-Draft.html


SPONSOR:

Rep. Outten & Sen. Hocker;

 

Reps. D. Short, Hudson, Gray, Miro, Ramone, Spiegelman, Wilson, Keeley

HOUSE OF REPRESENTATIVES

147th GENERAL ASSEMBLY

HOUSE BILL NO. 338

AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO RAW MILK.


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:


Section 1.Amend Chapter 31, Title 3 of the Delaware Code by making deletions as shown by strikethrough and insertions as shown by underline as follows:

Subchapter V.Raw Milk

§3178. Sale and Distribution of Raw Milk.

(a) The distribution of unpasteurized milk and milk products from milk producers directly to the final consumer shall be exempt from the State of Delaware Milk Code if the consumer has acquired an ownership interest in the animal or herd from which the raw milk is produced, and the consumer and milk producer have entered into a written agreement relating to said ownership interest.

(b)A prominent warning statement that the milk is not pasteurized shall be displayed on a label affixed to the container of any unpasteurized milk and milk products distributed pursuant to this section.

(c)No person who, as a consumer, obtains raw milk, milk products, or both pursuant to this section shall be entitled to sell or redistribute the milk.


SYNOPSIS

This Bill legalizes the sale of unpasteurized, raw milk directly to a final consumer, so long as the final consumer enters into a written contract conveying an ownership interest in the animal or herd from which the raw milk is produced.Any raw milk distributed directly to the final consumer pursuant must contain a prominent warning label that the milk is not pasteurized.The State of Delaware adopted, by Regulation, the United States Department of Health and Human Services' Grade "A" Pasteurized Milk Ordinance 2009 Revision, as amended, (the "2009 PMO") in May 2011.Section 9 of the 2009 PMO prohibits the sale of unpasteurized milk and milk products to the final consumer.This Bill creates an exception to this prohibition.

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