Bill Text: IA SF2306 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act providing for the manufacture and sale of cheese manufactured using raw milk, and making penalties applicable.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-02-24 - Introduced, referred to Agriculture. S.J. 345. [SF2306 Detail]
Download: Iowa-2013-SF2306-Introduced.html
Senate
File
2306
-
Introduced
SENATE
FILE
2306
BY
CHELGREN
A
BILL
FOR
An
Act
providing
for
the
manufacture
and
sale
of
cheese
1
manufactured
using
raw
milk,
and
making
penalties
2
applicable.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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2306
Section
1.
Section
159.6,
subsection
7,
Code
2014,
is
1
amended
to
read
as
follows:
2
7.
Regulation
and
inspection
of
foods,
drugs,
and
other
3
articles,
as
provided
in
Title
V,
subtitle
4
,
but
chapter
205
4
of
that
subtitle
shall
be
enforced
as
provided
in
that
chapter.
5
Except
as
expressly
authorized
in
subtitle
4,
the
department
6
shall
not
regulate
the
production,
processing,
labeling,
or
7
marketing
of
a
cheese
produced
using
raw
milk
as
an
ingredient.
8
Sec.
2.
Section
191.2,
subsection
5,
unnumbered
paragraph
9
1,
Code
2014,
is
amended
to
read
as
follows:
10
All
Except
as
provided
in
subsection
5A,
bottles,
11
containers,
and
packages
enclosing
milk
or
milk
products
shall
12
be
conspicuously
labeled
or
marked
with:
13
Sec.
3.
Section
191.2,
Code
2014,
is
amended
by
adding
the
14
following
new
subsection:
15
NEW
SUBSECTION
.
5A.
A
person
who
operates
a
dairy
farm
as
16
provided
in
chapter
192
and
who
sells
cheese
produced
using
raw
17
milk
as
an
ingredient
in
accordance
with
section
192.144
shall
18
label
the
package
containing
the
cheese
as
required
by
the
19
department.
The
department
shall
require
a
label
that
notifies
20
consumers
that
the
cheese
is
manufactured
using
raw
milk.
21
However,
the
label
shall
neither
promote
nor
discourage
the
22
consumption
of
the
cheese,
and
the
label
shall
conform
with
any
23
applicable
federal
requirements,
including
7
C.F.R.
§58.439.
24
Sec.
4.
NEW
SECTION
.
191.9A
Exception
for
on-farm
sale
of
25
cheese
produced
using
raw
milk.
26
A
person
who
operates
a
dairy
farm
as
provided
in
chapter
27
192
and
who
sells
cheese
produced
using
raw
milk
as
an
28
ingredient
in
accordance
with
section
192.144
shall
label
the
29
package
containing
the
cheese
as
required
by
the
department
in
30
conformance
with
federal
law,
including
7
C.F.R.
§58.439.
31
Sec.
5.
Section
192.103,
Code
2014,
is
amended
to
read
as
32
follows:
33
192.103
Sale
of
grade
“A”
milk
to
final
consumer
——
34
impoundment
of
adulterated
or
misbranded
milk.
35
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1.
Only
grade
“A”
pasteurized
milk
and
milk
products
1
shall
be
sold
to
the
final
consumer,
or
to
restaurants,
soda
2
fountains,
grocery
stores,
or
similar
establishments
;
,
except
3
in
as
follows:
4
a.
In
an
emergency,
the
sale
of
pasteurized
milk
and
milk
5
products
which
have
not
been
graded,
or
the
grade
of
which
is
6
unknown,
may
be
authorized
by
the
secretary,
in
which
case,
7
such
products
shall
be
labeled
“ungraded”.
8
b.
A
person
who
operates
a
dairy
farm
may
sell
cheese
9
produced
using
raw
milk
as
an
ingredient
to
an
individual
in
10
compliance
with
section
192.144.
11
2.
No
person
shall
within
the
state
produce,
provide,
sell,
12
offer,
or
expose
for
sale,
or
have
in
possession
with
intent
13
to
sell,
any
milk
or
milk
product
which
is
adulterated
or
14
misbranded;
except,
in
an
emergency,
the
sale
of
pasteurized
15
milk
and
milk
products
which
have
not
been
graded,
or
the
grade
16
of
which
is
unknown,
may
be
authorized
by
the
secretary,
in
17
which
case
such
products
shall
be
labeled
“ungraded”.
18
3.
Any
adulterated
or
misbranded
milk
or
milk
product
19
may
be
impounded
by
the
secretary
or
authorized
municipal
20
corporation
and
disposed
of
in
accordance
with
applicable
laws
21
or
regulations.
22
Sec.
6.
NEW
SECTION
.
192.144
Exception
for
on-farm
sale
of
23
cheese
produced
using
raw
milk.
24
1.
A
person
may
manufacture
cheese
using
raw
milk
that
25
has
not
been
pasteurized
in
accordance
with
subsection
2,
26
notwithstanding
any
of
the
following:
27
a.
Any
other
provision
of
this
chapter,
including
rules
28
adopted
by
the
department
pursuant
to
section
192.102
or
other
29
provisions
of
this
chapter.
30
b.
Any
applicable
federal
requirement
for
producing,
31
holding,
distributing,
or
selling
milk
or
a
milk
product
that
32
has
not
been
pasteurized,
including
as
provided
in
21
C.F.R.
33
§1240.61.
34
2.
A
person
may
produce,
store,
distribute,
and
sell
raw
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milk
for
the
manufacture
of
cheese,
and
the
person
may
store,
1
distribute,
or
sell
the
cheese.
The
person
may
distribute
or
2
sell
the
cheese
on
a
retail
or
wholesale
basis.
However,
the
3
person
must
do
all
of
the
following:
4
a.
Operate
a
dairy
farm
regulated
under
this
chapter.
5
b.
Manufacture
the
cheese
from
raw
milk
originating
from
the
6
dairy
farm
operated
by
the
person
or
a
neighboring
dairy
farm
7
located
within
twenty-five
miles
from
the
person’s
dairy
farm.
8
c.
Manufacture
a
variety
of
cheese
identified
by
standards
9
adopted
by
the
United
States
food
and
drug
administration
10
pursuant
to
21
C.F.R.
pt.
133.
11
d.
Comply
with
requirements
for
curing
the
cheese
variety
as
12
specified
in
21
C.F.R.
pt.
133.
13
Sec.
7.
NEW
SECTION
.
194.22
On-farm
sale
of
cheese
produced
14
using
raw
milk.
15
The
department
shall
establish
standards
for
the
grading
of
16
raw
milk
used
in
the
manufacture
of
cheese
pursuant
to
section
17
192.144.
18
EXPLANATION
19
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
20
the
explanation’s
substance
by
the
members
of
the
general
assembly.
21
BILL’S
PROVISIONS.
This
bill
relates
to
the
processing
22
of
milk
and
the
manufacture
of
milk
products
on
dairy
farms.
23
The
bill
provides
that
the
department
of
agriculture
and
land
24
stewardship
(DALS)
cannot
regulate
the
production,
processing,
25
labeling,
or
marketing
of
cheese
produced
using
raw
milk
as
an
26
ingredient,
except
as
provided
in
the
bill.
The
bill
provides
27
that
a
person
may
produce,
store,
distribute,
and
sell
raw
28
milk
for
the
manufacture
of
cheese.
It
also
provides
that
the
29
person
may
store,
distribute,
or
sell
the
cheese
on
a
retail
30
or
wholesale
basis.
However,
certain
conditions
apply.
The
31
person
must
operate
a
dairy
farm,
the
person
must
manufacture
32
the
cheese
from
raw
milk
originating
from
the
person’s
own
33
dairy
farm
or
a
neighboring
dairy
farm,
and
the
type
of
cheese
34
manufactured
must
be
regulated
by
the
United
States
food
and
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drug
administration
(FDA).
The
cheese
must
also
be
labeled
as
1
required
by
DALS.
The
label
cannot
promote
or
discourage
a
2
purchase.
DALS
must
establish
standards
for
the
grading
of
raw
3
milk
used
in
the
manufacture
of
cheese.
4
BACKGROUND
——
STATE
REGULATION.
DALS
regulates
dairy
farms,
5
including
the
production
and
grading
of
milk
(Code
section
6
159.6).
Generally,
statutory
provisions
and
departmental
rules
7
regulating
milk
are
based
on
uniform
regulations
referred
to
8
as
the
“Grade
‘A’
Pasteurized
Milk
Ordinance”
(Code
section
9
192.102).
Under
state
law,
food
offered
or
exposed
for
sale
10
must
be
labeled
(Code
section
191.1).
This
includes
the
11
labeling
of
milk
or
milk
products
(Code
section
191.2).
All
12
milk
must
be
sold
on
the
basis
of
grade
(Code
section
194.10)
13
and
only
grade
“A”
pasteurized
milk
and
milk
products
can
be
14
sold
to
the
final
consumer
(Code
section
192.103),
although
15
grade
“B”
milk
may
be
sold
for
manufacturing
purposes
(21
IAC
16
68.2).
All
dairy
farms
selling
grade
“A”
or
grade
“B”
milk
17
must
be
issued
a
permit
(21
IAC
68.2).
18
BACKGROUND
——
FEDERAL
REGULATION.
FDA
requires
mandatory
19
pasteurization
for
all
milk
and
milk
products
in
final
package
20
form
intended
for
human
consumption
(21
C.F.R.
§1240.61).
One
21
exception
applies
to
a
list
of
enumerated
cheeses.
A
cheese
22
included
on
the
list
may
be
manufactured
using
raw
milk
using
23
aging
as
an
alternative
process.
The
cheese
has
to
be
aged
for
24
at
least
60
days
at
a
temperature
of
not
less
than
35
degrees
25
Fahrenheit
(21
C.F.R.
pt.
133).
The
United
States
department
26
of
agriculture
has
adopted
a
similar
provision
relating
to
27
labeling
(7
C.F.R.
§58.439).
28
PENALTIES.
A
person
who
violates
the
bill’s
provisions
is
29
guilty
of
a
simple
misdemeanor
(Code
section
189.21).
A
simple
30
misdemeanor
is
punishable
by
confinement
for
no
more
than
30
31
days
or
a
fine
of
at
least
$65
but
not
more
than
$625
or
by
32
both.
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