Bill Text: IA SF2309 | 2021-2022 | 89th General Assembly | Amended

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Bill Title: A bill for an act relating to milk and associated products, by providing for certain items relating to milk to be transferred directly to individuals by milk producers owning or operating certain dairy farms, providing for the labeling of raw milk and associated products, and making penalties applicable. (Formerly SSB 3126.)

Spectrum: Committee Bill

Status: (Engrossed - Dead) 2022-03-14 - Fiscal note. [SF2309 Detail]

Download: Iowa-2021-SF2309-Amended.html

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Senate File 2309 - Reprinted
SENATE FILE 2309
BY COMMITTEE ON COMMERCE
(SUCCESSOR TO SSB 3126)
(As Amended and Passed by the Senate March 9, 2022 )
A BILL FOR
An Act relating to milk and associated products, by providing
for certain items relating to milk to be transferred
directly to individuals by milk producers owning or
operating certain dairy farms, providing for the labeling
of raw milk and associated products, and making penalties
applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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Section 1. NEW SECTION . 137D.2A Raw milk, raw milk
products, and raw milk dairy products.
A home bakery shall not advertise for sale, offer for sale,
sell or otherwise distribute, or use raw milk, a raw milk
product, or a raw milk dairy product as provided in section
192.145.
Sec. 2. Section 137F.1, subsection 8, Code 2022, is amended
by adding the following new paragraph:
NEW PARAGRAPH . o. (1) The premises of a raw milk dairy
where raw milk is produced, processed, labeled, marketed, or
distributed by a raw milk producer in compliance with section
192.145.
(2) The premises of a raw milk dairy where a raw milk
product or a raw milk dairy product is manufactured, labeled,
marketed, or distributed by a raw milk producer in compliance
with section 192.145.
Sec. 3. Section 137F.1, subsection 9, Code 2022, is amended
by adding the following new paragraph:
NEW PARAGRAPH . d. (1) The premises of a raw milk dairy
where raw milk is produced, processed, labeled, marketed, or
distributed by a raw milk producer in compliance with section
192.145.
(2) A premises of a raw milk dairy where a raw milk product
or raw milk dairy product is manufactured, labeled, marketed,
or distributed by a raw milk producer in compliance with
section 192.145.
Sec. 4. NEW SECTION . 137F.8B Raw milk, raw milk products,
and raw milk dairy products.
A food establishment or farmers market shall not advertise
for sale, offer for sale, sell or otherwise distribute, or use
raw milk, a raw milk product, or a raw milk dairy product,
regardless of whether the food establishment or farmers market
is regulated by the department under this chapter or another
chapter, another state agency, or a municipality.
Sec. 5. Section 159.6, subsection 6, Code 2022, is amended
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to read as follows:
6. Regulation and inspection of foods, drugs, and other
articles, as provided in Title V, subtitle 4 , but . However,
chapter 205 of that subtitle shall be enforced as provided in
that chapter. Except as expressly authorized in subtitle 4,
the department shall not regulate any of the following:
a. The production, processing, labeling, marketing, or
distribution of raw milk by a raw milk producer in compliance
with section 192.145.
b. The manufacture, labeling, marketing, or distribution
of a raw milk product or raw milk dairy product by a raw milk
producer in compliance with section 192.145.
Sec. 6. Section 191.2, subsection 5, Code 2022, is amended
to read as follows:
5. All bottles, containers, and packages Bottles,
containers, and packages. Except as provided in subsection
5A, a container or package enclosing milk or a milk products
product shall be conspicuously labeled or marked with all of
the following :
a. The name of the contents as given in the definitions of
this chapter and chapters 190 and 192 .
b. The word “reconstituted” or “recombined” if the product
is made by reconstitution or recombination.
c. The grade of the contents.
d. The word “pasteurized” if the contents are pasteurized
and the identity of . The package or container shall identify
the plant where the milk or milk product is pasteurized.
e. The word “raw” if the contents are raw and the name or
other identity of the producer.
f. e. The designation vitamin “D” and the number of
U.S.P. units per quart in the case of vitamin “D” milk or milk
products.
g. f. The volume or proportion of water to be added for
recombining in the case of concentrated milk or milk products.
h. g. The words “nonfat milk solids added” and the
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percentage added if such solids have been added, except that
this requirement shall not apply to reconstituted or recombined
milk and milk products.
i. h. The words “artificially sweetened” in the name if
nonnutritive or artificial sweeteners or both are used.
j. i. The common name of stabilizers, distillates, and
ingredients, provided that:
(1) Only the identity of the milk producer shall be required
on cans delivered to a milk plant as provided in chapter 192
which receives only grade “A” raw milk for pasteurization, and
which immediately dumps, washes, and returns the cans to the
milk producer.
(2) The identity of both milk producer and the grade shall
be required on cans delivered to a milk plant as provided
in chapter 192 which receives both grade “A” raw milk for
pasteurization and ungraded raw milk and which immediately
dumps, washes, and returns the cans to the milk producer.
(3) In the case of concentrated milk products, the specific
name of the product shall be substituted for the generic term
“concentrated milk products”, e.g., “homogenized concentrated
milk”, “concentrated skim milk”, “concentrated chocolate milk”,
“concentrated chocolate flavored low fat milk”.
(4) In the case of flavored milk or flavored reconstituted
milk, the name of the principal flavor shall be substituted for
the word “flavored”.
(5) In the case of cultured milk and milk products,
the special type culture used may be substituted for the
word “cultured”, e.g., “acidophilus buttermilk”, “Bulgarian
buttermilk”, and “yogurt”.
Sec. 7. Section 191.2, Code 2022, is amended by adding the
following new subsection:
NEW SUBSECTION . 5A. Raw milk, raw milk products, and raw
milk dairy products. A container holding raw milk, a raw
milk product, or a raw milk dairy product sold by a raw milk
producer shall be labeled as required in section 191.9A.
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Sec. 8. NEW SECTION . 191.9A Raw milk dairies —— sale of raw
milk, raw milk products, and raw milk dairy products.
1. A raw milk producer who sells raw milk, a raw milk
product, or a raw milk dairy product to an individual in
compliance with section 192.145 shall label the container
holding the raw milk, raw milk product, or raw milk dairy
product. The label shall be permanently affixed to the
container. The words on the label shall be printed using upper
case letters in at least twelve point boldface type. If the
container includes a main informational or advertising panel,
the label shall be part of the panel.
2. a. For a container holding raw milk, the label shall
state the following:
Notice to Consumers
This container holds raw milk not subject to state inspection
or other public health regulations that require pasteurization
and grading.
b. For a container holding a raw milk product or raw milk
dairy product, the label shall state the following:
Notice to Consumers
This container holds a raw milk product or raw milk dairy
product that is not subject to state inspection or other public
health regulations that require pasteurization and grading.
Sec. 9. Section 192.103, subsections 1 and 2, Code 2022, are
amended to read as follows:
1. Only grade “A” pasteurized milk and milk products
shall be sold to the final consumer, or to restaurants, soda
fountains, grocery stores, or similar establishments . However,
in an except as follows:
a. In an emergency, the sale of pasteurized milk and milk
products which have not been graded, or the grade of which is
unknown, may be authorized by the secretary, in which case,
such products shall be labeled “ungraded”.
b. A raw milk producer may sell raw milk, a raw milk
product, or a raw milk dairy product to an individual in
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compliance with section 192.145.
2. No A person shall not within the state produce, provide,
sell, offer, or expose for sale, or have in possession with
intent to sell, any milk or milk product which is adulterated
or misbranded. However, in an emergency, the sale of
pasteurized milk and milk products which have not been graded,
or the grade of which is unknown, may be authorized by the
secretary, in which case such products shall be labeled
“ungraded”.
Sec. 10. NEW SECTION . 192.144 Definitions.
As used in this subchapter, unless the context otherwise
requires:
1. “Dairy animal” means a cow, goat, or sheep that is
actively producing milk.
2. “Dairy product” means a product, other than a milk
product, in which milk is the principal ingredient at any
temperature and in either a manufactured or unmanufactured
state. To the extent that it is not classified as a milk
product, a dairy product includes but is not limited to butter,
cheese, cream, cottage cheese, ricotta cheese, kefir, or ice
cream.
3. “Manufacture” means to convert or condition personal
property by changing the form, composition, quality, or
character of a product, and includes activities associated with
a creamery or cheese factory.
4. “Raw milk” means milk that is not pasteurized or graded.
5. “Raw milk dairy” means an operation where not more than
a total of ten dairy animals are maintained, and milk produced
from any of those animals is not pasteurized or graded.
6. “Raw milk dairy product” means a dairy product that
includes raw milk or a raw milk product.
7. “Raw milk producer” means a person who owns or operates
a raw milk dairy.
8. “Raw milk product” means a milk product that includes raw
milk.
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Sec. 11. NEW SECTION . 192.145 Raw milk dairies ——
production, processing, marketing, and distribution.
1. A raw milk producer may elect to process, market,
or distribute raw milk produced at the raw milk producer’s
raw milk dairy in compliance with this section. A raw milk
producer may also elect to use the raw milk to manufacture,
market, or distribute a raw milk product or raw milk dairy
product at the raw milk producer’s raw milk dairy in compliance
with this section. If a raw milk producer makes either
election, all of the following apply:
a. The raw milk producer shall not pasteurize or grade milk
produced from dairy animals maintained at the raw milk dairy.
b. The raw milk producer shall ensure the health and safety
of consumers of the raw milk produced from dairy animals
maintained at the raw milk dairy by doing all of the following:
(1) Each month, test each dairy animal to determine a
coliform count and standard plate count. The raw milk producer
shall maintain a record of each test. The raw milk producer
shall retain the record at the raw milk dairy for at least
three years.
(2) Each twelve-month period, employ a licensed
veterinarian to examine each dairy animal to determine the
dairy animal’s health status. The examination must at least
include a blood test for common diseases afflicting the type
of dairy animal being examined.
2. A raw milk producer shall only take an order for the
distribution of raw milk at the raw milk producer’s raw milk
dairy where the raw milk was produced. The raw milk producer
shall only distribute the raw milk to an individual placing the
order. The raw milk producer may distribute the raw milk to
the individual without charge or on a retail basis.
a. The raw milk producer shall post the summary of the test
to determine the coliform count and standard plate count of
the dairy animals maintained at the raw milk dairy as provided
in subsection 1. The summary shall be posted at the raw milk
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dairy’s distribution point for the raw milk. The individual
being distributed the raw milk may examine the records for the
three-year period that the records are required to be retained
by the raw milk producer under subsection 1.
b. If the raw milk producer sells raw milk in a container,
the container shall be labeled as provided in section 191.9A.
c. The raw milk producer shall distribute the raw milk
directly to the individual at the raw milk dairy or to a
location specified by the individual. However, a person shall
not deliver the raw milk to a place of business where food
items are distributed on a retail basis, including but not
limited to a home bakery regulated under chapter 137D or a
food establishment or farmers market regulated under chapter
137F. The raw milk shall only be used for consumption by the
individual, members of the individual’s household, and the
individual’s nonpaying guests or nonpaying employees.
d. A person shall not resell raw milk.
3. A raw milk producer shall only take an order for the
distribution of a raw milk product or raw milk dairy product
at the raw milk producer’s raw milk dairy where the raw milk
product or raw milk dairy product is manufactured. The raw
milk producer shall only distribute the raw milk product or raw
milk dairy product to an individual placing the order. The raw
milk producer may distribute the raw milk product or raw milk
dairy product to the individual without charge or on a retail
basis.
a. The raw milk producer shall post the summary of the most
recent test to determine the coliform count and standard plate
count of dairy animals maintained at the raw milk dairy as
provided in subsection 1. The summary shall be posted at the
raw milk dairy’s distribution point for the raw milk products
or raw milk dairy products. The individual being distributed
the raw milk product or raw milk dairy product may examine the
records for the three-year period that the records are required
to be retained by the raw milk producer under subsection 1.
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b. If the raw milk producer sells a raw milk product or
raw milk dairy product in a container, the container shall be
labeled as provided in section 191.9A.
c. The raw milk producer shall distribute the raw milk
product or raw milk dairy product directly to the individual
at the raw milk dairy or to a location specified by the
individual. However, a person shall not deliver the raw milk
product or raw milk dairy product to a place of business where
food items are distributed on a retail basis, including but
not limited to a home bakery regulated under chapter 137D or a
food establishment or farmers market regulated under chapter
137F. The raw milk product or raw milk dairy product shall
only be used for consumption by the individual, members of the
individual’s household, or the individual’s nonpaying guests
or nonpaying employees.
d. A person shall not resell the raw milk product or raw
milk dairy product.
4. Based on an affidavit signed by a licensed physician
certifying that in the physician’s opinion an individual
contracted an illness as a direct result of consuming raw milk
produced at a raw milk dairy, or consuming a raw milk product
or a raw milk dairy product manufactured at a raw milk dairy,
the Iowa department of public health acting under chapter 135
or a local board of health acting under chapter 137 may demand
that the raw milk producer provide it with all records of tests
to determine the coliform count and standard plate count of
dairy animals maintained at the raw milk dairy as required in
subsection 1.
5. The department shall not adopt rules to administer or
enforce this section.
6. This chapter does not apply to a receiving station,
transfer station, milk handler, milk grader, or milk plant. A
raw milk dairy is not a food establishment, food processing
plant, or other person regulated under chapter 137F or other
chapter regulating such entities.
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Sec. 12. NEW SECTION . 194.22 Raw milk dairies ——
production, processing, manufacturing, marketing, and
distribution —— exceptions.
This chapter does not apply to any of the following:
1. The production, processing, marketing, and distribution
of raw milk, if the raw milk is produced by a raw milk producer
at a raw milk dairy in compliance with section 192.145.
2. The manufacture, marketing, and distribution of a
raw milk product or raw milk dairy product, if the raw milk
product or raw milk dairy product is manufactured by a raw
milk producer at a raw milk dairy in compliance with section
192.145.
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