Bill Text: IA HF2057 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to dairy items, including unpasteurized or ungraded milk or milk products, produced at a dairy farm and sold to an individual for use as commercial feed, and making penalties applicable.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-01-22 - Introduced, referred to Local Government. H.J. 123. [HF2057 Detail]
Download: Iowa-2017-HF2057-Introduced.html
House File 2057 - Introduced HOUSE FILE BY HEARTSILL A BILL FOR 1 An Act relating to dairy items, including unpasteurized or 2 ungraded milk or milk products, produced at a dairy farm and 3 sold to an individual for use as commercial feed, and making 4 penalties applicable. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5409YH (2) 87 da/rn PAG LIN 1 1 Section 1. Section 191.2, subsection 5, Code 2018, is 1 2 amended to read as follows: 1 3 5.All bottles, containers, and packagesExcept as provided 1 4 in subsection 5A, a container or package enclosing milk or a 1 5 milkproductsproduct shall be conspicuously labeled or marked 1 6 with all of the following: 1 7 a. The name of the contents as given in the definitions of 1 8 this chapter and chapters 190 and 192. 1 9 b. The word "reconstituted" or "recombined" if the product 1 10 is made by reconstitution or recombination. 1 11 c. The grade of the contents. 1 12 d. The word "pasteurized"if the contents are pasteurized 1 13 and the identity of. The package or container shall identify 1 14 the plant where the milk or milk product is pasteurized. 1 15e. The word "raw" if the contents are raw and the name or 1 16 other identity of the producer.1 17f.e. The designation vitamin "D" and the number of 1 18 U.S.P. units per quart in the case of vitamin "D" milk or milk 1 19 products. 1 20g.f. The volume or proportion of water to be added for 1 21 recombining in the case of concentrated milk or milk products. 1 22h.g. The words "nonfat milk solids added" and the 1 23 percentage added if such solids have been added, except that 1 24 this requirement shall not apply to reconstituted or recombined 1 25 milk and milk products. 1 26i.h. The words "artificially sweetened" in the name if 1 27 nonnutritive or artificial sweeteners or both are used. 1 28j.i. The common name of stabilizers, distillates, and 1 29 ingredients, provided that: 1 30 (1) Only the identity of the milk producer shall be required 1 31 on cans delivered to a milk plant as provided in chapter 192 1 32 which receives only grade "A" raw milk for pasteurization, and 1 33 which immediately dumps, washes, and returns the cans to the 1 34 milk producer. 1 35 (2) The identity of both milk producer and the grade shall 2 1 be required on cans delivered to a milk plant as provided 2 2 in chapter 192 which receives both grade "A" raw milk for 2 3 pasteurization and ungraded raw milk and which immediately 2 4 dumps, washes, and returns the cans to the milk producer. 2 5 (3) In the case of concentrated milk products, the specific 2 6 name of the product shall be substituted for the generic term 2 7 "concentrated milk products", e.g., "homogenized concentrated 2 8 milk", "concentrated skim milk", "concentrated chocolate milk", 2 9 "concentrated chocolate flavored low fat milk". 2 10 (4) In the case of flavored milk or flavored reconstituted 2 11 milk, the name of the principal flavor shall be substituted for 2 12 the word "flavored". 2 13 (5) In the case of cultured milk and milk products, 2 14 the special type culture used may be substituted for the 2 15 word "cultured", e.g., "acidophilus buttermilk", "Bulgarian 2 16 buttermilk", and "yogurt". 2 17 Sec. 2. Section 191.2, Code 2018, is amended by adding the 2 18 following new subsection: 2 19 NEW SUBSECTION. 5A. A bottle, container, or package 2 20 containing milk or a milk product that is unpasteurized or 2 21 ungraded and sold for commercial feed as provided in section 2 22 192.103 shall be conspicuously labeled or marked with the 2 23 following: 2 24 "It is not legal to sell raw or ungraded milk or a milk product 2 25 containing raw or ungraded milk for human consumption in Iowa. 2 26 This milk or milk product is intended to be used solely for 2 27 commercial feed to be consumed by animals." 2 28 Sec. 3. Section 192.103, Code 2018, is amended to read as 2 29 follows: 2 30 192.103 Sale of grade "A" milk to final consumer ==== 2 31 impoundment of adulterated or misbranded milk ==== exceptions. 2 32 1. Only grade "A" pasteurized milk and milk products 2 33 shall be sold to the final consumer, or to restaurants, soda 2 34 fountains, grocery stores, or similar establishments; except in 2 35 an emergency, the sale of pasteurized milk and milk products 3 1 which have not been graded, or the grade of which is unknown, 3 2 may be authorized by the secretary, in which case, such 3 3 products shall be labeled "ungraded". 3 4 2.NoA person shall not within the state produce, provide, 3 5 sell, offer, or expose for sale, or have in possession with 3 6 intent to sell, any milk or milk product which is adulterated 3 7 or misbranded; except, in an emergency, the sale of pasteurized 3 8 milk and milk products which have not been graded, or the grade 3 9 of which is unknown, may be authorized by the secretary, in 3 10 which case such products shall be labeled "ungraded". 3 11 3. Any adulterated or misbranded milk or milk product 3 12 may be impounded by the secretary or authorized municipal 3 13 corporation and disposed of in accordance with applicable laws 3 14 or regulations. 3 15 4. a. Notwithstanding subsections 1 through 3, a person 3 16 who operates a dairy farm may sell milk or a milk product 3 17 that is unpasteurized or ungraded, if it is produced at that 3 18 dairy farm and sold to an individual as commercial feed for 3 19 animals as defined in section 198.3. The person must label the 3 20 bottle, container, or package containing milk or a milk product 3 21 as provided in section 191.2, subsection 5A. The person may 3 22 deliver or cause to be delivered such milk or milk product to 3 23 a location specified by the individual. An individual who 3 24 purchases the milk or milk product shall not resell it. 3 25 b. As used in paragraph "a", "sell" means to transfer title 3 26 or possession, by exchange or barter, in any manner or by 3 27 any means or agreement. "Sell" includes any transaction that 3 28 involves the transfer of milk or a milk product or the right to 3 29 acquire milk or a milk product through barter or contractual 3 30 arrangement or in exchange for any other form of compensation 3 31 including but not limited to the sale of shares or interest in 3 32 a cow, goat, or other lactating animal or herd. 3 33 Sec. 4. NEW SECTION. 192.113A Penalty ==== persons purchasing 3 34 milk or milk products for commercial feed. 3 35 A person who purchases milk or a milk product for commercial 4 1 feed and resells the milk or milk product is guilty of a simple 4 2 misdemeanor as provided in section 189.21. 4 3 Sec. 5. NEW SECTION. 192.114 Exception ==== dairy farms 4 4 selling milk or milk products for commercial feed. 4 5 A person who operates a dairy farm is not required to obtain 4 6 a permit or to comply with inspection requirements as otherwise 4 7 provided in this chapter, if the person produces milk or a 4 8 milk product at that dairy farm for sale to an individual as 4 9 commercial feed as provided in section 192.103. However, this 4 10 exception does not apply to the extent that the person or the 4 11 person's dairy farm also operates to produce milk or a milk 4 12 product other than for commercial feed as provided in that 4 13 section. 4 14 Sec. 6. Section 192.122, Code 2018, is amended to read as 4 15 follows: 4 16 192.122 Milk bottles to be marked ==== exception. 4 17 1. Bottles or jars used for the sale of milk shall have 4 18 clearly blown or permanently marked in the side of the bottle, 4 19 the capacity of the bottle, and on the bottom of the bottle 4 20 the name, initials, or certification mark of the manufacturer. 4 21 The designating number shall be furnished by the department on 4 22 request. 4 23 2. Subsection 1 does not apply to bottles or jars used for 4 24 the sale of milk that is unpasteurized or ungraded and sold for 4 25 commercial feed as provided in section 192.103. 4 26 Sec. 7. NEW SECTION. 198.21 Milk and milk product 4 27 exception. 4 28 This chapter does not apply to a person who operates a dairy 4 29 farm and who sells milk or a milk product to an individual as 4 30 commercial feed as provided in section 192.103. 4 31 EXPLANATION 4 32 The inclusion of this explanation does not constitute agreement with 4 33 the explanation's substance by the members of the general assembly. 4 34 This bill provides that a person who operates a dairy farm 4 35 may sell milk or a milk product that is unpasteurized or 5 1 ungraded, if it is produced at that dairy farm and sold to an 5 2 individual as commercial feed for animals. The person would 5 3 not be required to obtain a permit or comply with inspection 5 4 requirements as otherwise provided in the "Iowa Grade 'A' Milk 5 5 Inspection Law" (Code chapter 192). The person also would 5 6 not be required to obtain a license or comply with inspection 5 7 requirements under the "Iowa Commercial Feed Law" (Code chapter 5 8 198). The bill requires that a container holding unpasteurized 5 9 or ungraded milk or a milk product be conspicuously labeled 5 10 (Code section 191.2). A person who purchases milk or a milk 5 11 product for commercial feed for resale is guilty of a simple 5 12 misdemeanor (new Code section 192.113A). A simple misdemeanor 5 13 is punishable by confinement for no more than 30 days or a fine 5 14 of at least $65 but not more than $625 or by both. LSB 5409YH (2) 87 da/rn
