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
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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 include a any 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.
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