Bill Text: IA HF668 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act providing for the incidental sale of unpasteurized milk, or milk products manufactured from such milk, by producers holding a permit issued by the department of agriculture and land stewardship.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-06-05 - Introduced, referred to Agriculture. H.J. 1166. [HF668 Detail]
Download: Iowa-2015-HF668-Introduced.html
House File 668 - Introduced HOUSE FILE BY HANSON A BILL FOR 1 An Act providing for the incidental sale of unpasteurized milk, 2 or milk products manufactured from such milk, by producers 3 holding a permit issued by the department of agriculture and 4 land stewardship. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1671HH (4) 86 da/nh PAG LIN 1 1 Section 1. Section 137D.1, subsection 3, Code 2015, is 1 2 amended to read as follows: 1 3 3. "Home food establishment" means a business on the 1 4 premises of a residence in which prepared food is created 1 5 for sale or resale, for consumption off the premises, if the 1 6 business has gross annual sales of prepared food of less than 1 7 twenty thousand dollars. However, a home food establishment 1 8 does not includeaany of the following: 1 9 a. A residence in which food is prepared to be used or sold 1 10 by churches, fraternal societies, charitable organizations, or 1 11 civic organizations. 1 12 b. The premises of a dairy farm where unpasteurized milk, 1 13 or a milk product manufactured from such milk, is sold by a 1 14 producer possessing a valid permit under section 192.107 to a 1 15 purchaser as provided in section 192.103A. 1 16 Sec. 2. Section 137F.1, subsection 7, Code 2015, is amended 1 17 by adding the following new paragraph: 1 18 NEW PARAGRAPH. n. The premises of a dairy farm where 1 19 unpasteurized milk, or a milk product manufactured from such 1 20 milk, is sold by a producer possessing a valid permit under 1 21 section 192.107 to a purchaser as provided in section 192.103A. 1 22 Sec. 3. Section 191.2, Code 2015, is amended by adding the 1 23 following new subsection: 1 24 NEW SUBSECTION. 5A. a. A bottle or other container holding 1 25 unpasteurized milk or a milk product manufactured for sale by 1 26 a producer as provided in section 192.103A shall contain the 1 27 following label: 1 28 Warning: This milk or milk product has not been pasteurized 1 29 and may contain harmful bacteria. Pregnant women, children, 1 30 the elderly, and individuals with lowered resistance to disease 1 31 have the highest risk of harm from use of this product. 1 32 b. The producer shall affix the label to the bottle or 1 33 other container prior to making the sale as provided in section 1 34 192.103A. 1 35 Sec. 4. Section 192.103, Code 2015, is amended to read as 2 1 follows: 2 2 192.103 Sale of grade "A" milk to final consumer == 2 3 impoundment of adulterated or misbranded milk == exception. 2 4 1. Only grade "A" pasteurized milk and milk products 2 5 shall be sold to the final consumer, or to restaurants, soda 2 6 fountains, grocery stores, or similar establishments; except in 2 7 an emergency, the sale of pasteurized milk and milk products 2 8 which have not been graded, or the grade of which is unknown, 2 9 may be authorized by the secretary, in which case, such 2 10 products shall be labeled "ungraded". 2 11 2. No person shall within the state produce, provide, sell, 2 12 offer, or expose for sale, or have in possession with intent 2 13 to sell, any milk or milk product which is adulterated or 2 14 misbranded; except, in an emergency, the sale of pasteurized 2 15 milk and milk products which have not been graded, or the grade 2 16 of which is unknown, may be authorized by the secretary, in 2 17 which case such products shall be labeled "ungraded". 2 18 3. Any adulterated or misbranded milk or milk product 2 19 may be impounded by the secretary or authorized municipal 2 20 corporation and disposed of in accordance with applicable laws 2 21 or regulations. 2 22 4. Notwithstanding subsections 1 through 3, a producer 2 23 may incidentally sell unpasteurized milk, or a milk product 2 24 that the producer manufactured from such milk, as provided in 2 25 section 192.103A. 2 26 Sec. 5. NEW SECTION. 192.103A Sale of unpasteurized milk 2 27 or milk products. 2 28 1. As used in this section, "immediate family member" 2 29 means a spouse, son, daughter, brother, sister, uncle, aunt, 2 30 first cousin, nephew, niece, father=in=law, mother=in=law, 2 31 son=in=law, daughter=in=law, brother=in=law, sister=in=law, 2 32 father, mother, stepfather, stepmother, stepson, stepdaughter, 2 33 stepbrother, stepsister, half brother, or half sister. 2 34 2. A producer possessing a valid permit under section 2 35 192.107 may incidentally sell unpasteurized milk suitable to 3 1 be processed as grade "A" pasteurized milk or a milk product 3 2 that the producer manufactures from such milk as provided in 3 3 this section. 3 4 3. The milk or milk product must be produced, sold, 3 5 and transferred at the producer's dairy farm where the 3 6 unpasteurized milk is produced. 3 7 4. a. The milk or milk product must satisfy standards 3 8 established by the department which shall to every extent 3 9 feasible be based on the "Grade 'A' Pasteurized Milk Ordinance" 3 10 as provided in section 192.102. 3 11 b. The producer must furnish a container that holds the milk 3 12 or milk product. The container must be sanitized according to 3 13 requirements adopted by the department that to every extent 3 14 feasible shall be based on the "Grade 'A' Pasteurized Milk 3 15 Ordinance". The producer shall affix a label to the container 3 16 as required pursuant to section 191.2 prior to the sale. 3 17 5. a. The sale of the milk or milk product must be made 3 18 on a retail basis to a purchaser who is an individual. The 3 19 milk or milk product shall not be used other than for personal 3 20 consumption by the purchaser or the purchaser's immediate 3 21 family member. 3 22 b. Notwithstanding paragraph "a", the purchaser or the 3 23 purchaser's immediate family member may use the milk to 3 24 manufacture a milk product for the personal consumption of the 3 25 purchaser or an immediate family member of the purchaser. 3 26 Sec. 6. Section 192.122, Code 2015, is amended to read as 3 27 follows: 3 28 192.122 Milk bottles to be marked. 3 29 1. Bottles or jars used for the sale of milk shall have 3 30 clearly blown or permanently marked in the side of the bottle, 3 31 the capacity of the bottle, and on the bottom of the bottle 3 32 the name, initials, or certification mark of the manufacturer. 3 33 The designating number shall be furnished by the department on 3 34 request. 3 35 2. Subsection 1 does not apply to a bottle or jar that 4 1 contains unpasteurized milk sold under section 192.103A. 4 2 EXPLANATION 4 3 The inclusion of this explanation does not constitute agreement with 4 4 the explanation's substance by the members of the general assembly. 4 5 This bill amends the "Iowa Grade 'A' Milk Inspection 4 6 Law" (Code chapter 192), by allowing a person who operates 4 7 a dairy farm pursuant to a permit (permit holder) issued by 4 8 the department of agriculture and land stewardship to sell 4 9 milk that is unpasteurized or milk products manufactured from 4 10 such milk to individuals on a retail basis. The milk or milk 4 11 product must be sold on the premises of the dairy farm and used 4 12 for the personal consumption of the purchaser or immediate 4 13 family member. The purchaser or immediate family member may 4 14 use the milk to manufacture a milk product for consumption 4 15 by the same individuals. The person holding the permit is 4 16 responsible for sanitizing the milk container and labeling the 4 17 container. The person is exempted from regulations otherwise 4 18 applicable to food establishments (Code chapter 137F) or home 4 19 food establishments (Code chapter 137D) regulated by the 4 20 department of inspections and appeals. LSB 1671HH (4) 86 da/nh
