Bill Text: IA SF2309 | 2021-2022 | 89th General Assembly | Amended
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
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
1
for
certain
items
relating
to
milk
to
be
transferred
2
directly
to
individuals
by
milk
producers
owning
or
3
operating
certain
dairy
farms,
providing
for
the
labeling
4
of
raw
milk
and
associated
products,
and
making
penalties
5
applicable.
6
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
7
SF
2309
(2)
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S.F.
2309
Section
1.
NEW
SECTION
.
137D.2A
Raw
milk,
raw
milk
1
products,
and
raw
milk
dairy
products.
2
A
home
bakery
shall
not
advertise
for
sale,
offer
for
sale,
3
sell
or
otherwise
distribute,
or
use
raw
milk,
a
raw
milk
4
product,
or
a
raw
milk
dairy
product
as
provided
in
section
5
192.145.
6
Sec.
2.
Section
137F.1,
subsection
8,
Code
2022,
is
amended
7
by
adding
the
following
new
paragraph:
8
NEW
PARAGRAPH
.
o.
(1)
The
premises
of
a
raw
milk
dairy
9
where
raw
milk
is
produced,
processed,
labeled,
marketed,
or
10
distributed
by
a
raw
milk
producer
in
compliance
with
section
11
192.145.
12
(2)
The
premises
of
a
raw
milk
dairy
where
a
raw
milk
13
product
or
a
raw
milk
dairy
product
is
manufactured,
labeled,
14
marketed,
or
distributed
by
a
raw
milk
producer
in
compliance
15
with
section
192.145.
16
Sec.
3.
Section
137F.1,
subsection
9,
Code
2022,
is
amended
17
by
adding
the
following
new
paragraph:
18
NEW
PARAGRAPH
.
d.
(1)
The
premises
of
a
raw
milk
dairy
19
where
raw
milk
is
produced,
processed,
labeled,
marketed,
or
20
distributed
by
a
raw
milk
producer
in
compliance
with
section
21
192.145.
22
(2)
A
premises
of
a
raw
milk
dairy
where
a
raw
milk
product
23
or
raw
milk
dairy
product
is
manufactured,
labeled,
marketed,
24
or
distributed
by
a
raw
milk
producer
in
compliance
with
25
section
192.145.
26
Sec.
4.
NEW
SECTION
.
137F.8B
Raw
milk,
raw
milk
products,
27
and
raw
milk
dairy
products.
28
A
food
establishment
or
farmers
market
shall
not
advertise
29
for
sale,
offer
for
sale,
sell
or
otherwise
distribute,
or
use
30
raw
milk,
a
raw
milk
product,
or
a
raw
milk
dairy
product,
31
regardless
of
whether
the
food
establishment
or
farmers
market
32
is
regulated
by
the
department
under
this
chapter
or
another
33
chapter,
another
state
agency,
or
a
municipality.
34
Sec.
5.
Section
159.6,
subsection
6,
Code
2022,
is
amended
35
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to
read
as
follows:
1
6.
Regulation
and
inspection
of
foods,
drugs,
and
other
2
articles,
as
provided
in
Title
V,
subtitle
4
,
but
.
However,
3
chapter
205
of
that
subtitle
shall
be
enforced
as
provided
in
4
that
chapter.
Except
as
expressly
authorized
in
subtitle
4,
5
the
department
shall
not
regulate
any
of
the
following:
6
a.
The
production,
processing,
labeling,
marketing,
or
7
distribution
of
raw
milk
by
a
raw
milk
producer
in
compliance
8
with
section
192.145.
9
b.
The
manufacture,
labeling,
marketing,
or
distribution
10
of
a
raw
milk
product
or
raw
milk
dairy
product
by
a
raw
milk
11
producer
in
compliance
with
section
192.145.
12
Sec.
6.
Section
191.2,
subsection
5,
Code
2022,
is
amended
13
to
read
as
follows:
14
5.
All
bottles,
containers,
and
packages
Bottles,
15
containers,
and
packages.
Except
as
provided
in
subsection
16
5A,
a
container
or
package
enclosing
milk
or
a
milk
products
17
product
shall
be
conspicuously
labeled
or
marked
with
all
of
18
the
following
:
19
a.
The
name
of
the
contents
as
given
in
the
definitions
of
20
this
chapter
and
chapters
190
and
192
.
21
b.
The
word
“reconstituted”
or
“recombined”
if
the
product
22
is
made
by
reconstitution
or
recombination.
23
c.
The
grade
of
the
contents.
24
d.
The
word
“pasteurized”
if
the
contents
are
pasteurized
25
and
the
identity
of
.
The
package
or
container
shall
identify
26
the
plant
where
the
milk
or
milk
product
is
pasteurized.
27
e.
The
word
“raw”
if
the
contents
are
raw
and
the
name
or
28
other
identity
of
the
producer.
29
f.
e.
The
designation
vitamin
“D”
and
the
number
of
30
U.S.P.
units
per
quart
in
the
case
of
vitamin
“D”
milk
or
milk
31
products.
32
g.
f.
The
volume
or
proportion
of
water
to
be
added
for
33
recombining
in
the
case
of
concentrated
milk
or
milk
products.
34
h.
g.
The
words
“nonfat
milk
solids
added”
and
the
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percentage
added
if
such
solids
have
been
added,
except
that
1
this
requirement
shall
not
apply
to
reconstituted
or
recombined
2
milk
and
milk
products.
3
i.
h.
The
words
“artificially
sweetened”
in
the
name
if
4
nonnutritive
or
artificial
sweeteners
or
both
are
used.
5
j.
i.
The
common
name
of
stabilizers,
distillates,
and
6
ingredients,
provided
that:
7
(1)
Only
the
identity
of
the
milk
producer
shall
be
required
8
on
cans
delivered
to
a
milk
plant
as
provided
in
chapter
192
9
which
receives
only
grade
“A”
raw
milk
for
pasteurization,
and
10
which
immediately
dumps,
washes,
and
returns
the
cans
to
the
11
milk
producer.
12
(2)
The
identity
of
both
milk
producer
and
the
grade
shall
13
be
required
on
cans
delivered
to
a
milk
plant
as
provided
14
in
chapter
192
which
receives
both
grade
“A”
raw
milk
for
15
pasteurization
and
ungraded
raw
milk
and
which
immediately
16
dumps,
washes,
and
returns
the
cans
to
the
milk
producer.
17
(3)
In
the
case
of
concentrated
milk
products,
the
specific
18
name
of
the
product
shall
be
substituted
for
the
generic
term
19
“concentrated
milk
products”,
e.g.,
“homogenized
concentrated
20
milk”,
“concentrated
skim
milk”,
“concentrated
chocolate
milk”,
21
“concentrated
chocolate
flavored
low
fat
milk”.
22
(4)
In
the
case
of
flavored
milk
or
flavored
reconstituted
23
milk,
the
name
of
the
principal
flavor
shall
be
substituted
for
24
the
word
“flavored”.
25
(5)
In
the
case
of
cultured
milk
and
milk
products,
26
the
special
type
culture
used
may
be
substituted
for
the
27
word
“cultured”,
e.g.,
“acidophilus
buttermilk”,
“Bulgarian
28
buttermilk”,
and
“yogurt”.
29
Sec.
7.
Section
191.2,
Code
2022,
is
amended
by
adding
the
30
following
new
subsection:
31
NEW
SUBSECTION
.
5A.
Raw
milk,
raw
milk
products,
and
raw
32
milk
dairy
products.
A
container
holding
raw
milk,
a
raw
33
milk
product,
or
a
raw
milk
dairy
product
sold
by
a
raw
milk
34
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
1
milk,
raw
milk
products,
and
raw
milk
dairy
products.
2
1.
A
raw
milk
producer
who
sells
raw
milk,
a
raw
milk
3
product,
or
a
raw
milk
dairy
product
to
an
individual
in
4
compliance
with
section
192.145
shall
label
the
container
5
holding
the
raw
milk,
raw
milk
product,
or
raw
milk
dairy
6
product.
The
label
shall
be
permanently
affixed
to
the
7
container.
The
words
on
the
label
shall
be
printed
using
upper
8
case
letters
in
at
least
twelve
point
boldface
type.
If
the
9
container
includes
a
main
informational
or
advertising
panel,
10
the
label
shall
be
part
of
the
panel.
11
2.
a.
For
a
container
holding
raw
milk,
the
label
shall
12
state
the
following:
13
Notice
to
Consumers
14
This
container
holds
raw
milk
not
subject
to
state
inspection
15
or
other
public
health
regulations
that
require
pasteurization
16
and
grading.
17
b.
For
a
container
holding
a
raw
milk
product
or
raw
milk
18
dairy
product,
the
label
shall
state
the
following:
19
Notice
to
Consumers
20
This
container
holds
a
raw
milk
product
or
raw
milk
dairy
21
product
that
is
not
subject
to
state
inspection
or
other
public
22
health
regulations
that
require
pasteurization
and
grading.
23
Sec.
9.
Section
192.103,
subsections
1
and
2,
Code
2022,
are
24
amended
to
read
as
follows:
25
1.
Only
grade
“A”
pasteurized
milk
and
milk
products
26
shall
be
sold
to
the
final
consumer,
or
to
restaurants,
soda
27
fountains,
grocery
stores,
or
similar
establishments
.
However,
28
in
an
except
as
follows:
29
a.
In
an
emergency,
the
sale
of
pasteurized
milk
and
milk
30
products
which
have
not
been
graded,
or
the
grade
of
which
is
31
unknown,
may
be
authorized
by
the
secretary,
in
which
case,
32
such
products
shall
be
labeled
“ungraded”.
33
b.
A
raw
milk
producer
may
sell
raw
milk,
a
raw
milk
34
product,
or
a
raw
milk
dairy
product
to
an
individual
in
35
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compliance
with
section
192.145.
1
2.
No
A
person
shall
not
within
the
state
produce,
provide,
2
sell,
offer,
or
expose
for
sale,
or
have
in
possession
with
3
intent
to
sell,
any
milk
or
milk
product
which
is
adulterated
4
or
misbranded.
However,
in
an
emergency,
the
sale
of
5
pasteurized
milk
and
milk
products
which
have
not
been
graded,
6
or
the
grade
of
which
is
unknown,
may
be
authorized
by
the
7
secretary,
in
which
case
such
products
shall
be
labeled
8
“ungraded”.
9
Sec.
10.
NEW
SECTION
.
192.144
Definitions.
10
As
used
in
this
subchapter,
unless
the
context
otherwise
11
requires:
12
1.
“Dairy
animal”
means
a
cow,
goat,
or
sheep
that
is
13
actively
producing
milk.
14
2.
“Dairy
product”
means
a
product,
other
than
a
milk
15
product,
in
which
milk
is
the
principal
ingredient
at
any
16
temperature
and
in
either
a
manufactured
or
unmanufactured
17
state.
To
the
extent
that
it
is
not
classified
as
a
milk
18
product,
a
dairy
product
includes
but
is
not
limited
to
butter,
19
cheese,
cream,
cottage
cheese,
ricotta
cheese,
kefir,
or
ice
20
cream.
21
3.
“Manufacture”
means
to
convert
or
condition
personal
22
property
by
changing
the
form,
composition,
quality,
or
23
character
of
a
product,
and
includes
activities
associated
with
24
a
creamery
or
cheese
factory.
25
4.
“Raw
milk”
means
milk
that
is
not
pasteurized
or
graded.
26
5.
“Raw
milk
dairy”
means
an
operation
where
not
more
than
27
a
total
of
ten
dairy
animals
are
maintained,
and
milk
produced
28
from
any
of
those
animals
is
not
pasteurized
or
graded.
29
6.
“Raw
milk
dairy
product”
means
a
dairy
product
that
30
includes
raw
milk
or
a
raw
milk
product.
31
7.
“Raw
milk
producer”
means
a
person
who
owns
or
operates
32
a
raw
milk
dairy.
33
8.
“Raw
milk
product”
means
a
milk
product
that
includes
raw
34
milk.
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Sec.
11.
NEW
SECTION
.
192.145
Raw
milk
dairies
——
1
production,
processing,
marketing,
and
distribution.
2
1.
A
raw
milk
producer
may
elect
to
process,
market,
3
or
distribute
raw
milk
produced
at
the
raw
milk
producer’s
4
raw
milk
dairy
in
compliance
with
this
section.
A
raw
milk
5
producer
may
also
elect
to
use
the
raw
milk
to
manufacture,
6
market,
or
distribute
a
raw
milk
product
or
raw
milk
dairy
7
product
at
the
raw
milk
producer’s
raw
milk
dairy
in
compliance
8
with
this
section.
If
a
raw
milk
producer
makes
either
9
election,
all
of
the
following
apply:
10
a.
The
raw
milk
producer
shall
not
pasteurize
or
grade
milk
11
produced
from
dairy
animals
maintained
at
the
raw
milk
dairy.
12
b.
The
raw
milk
producer
shall
ensure
the
health
and
safety
13
of
consumers
of
the
raw
milk
produced
from
dairy
animals
14
maintained
at
the
raw
milk
dairy
by
doing
all
of
the
following:
15
(1)
Each
month,
test
each
dairy
animal
to
determine
a
16
coliform
count
and
standard
plate
count.
The
raw
milk
producer
17
shall
maintain
a
record
of
each
test.
The
raw
milk
producer
18
shall
retain
the
record
at
the
raw
milk
dairy
for
at
least
19
three
years.
20
(2)
Each
twelve-month
period,
employ
a
licensed
21
veterinarian
to
examine
each
dairy
animal
to
determine
the
22
dairy
animal’s
health
status.
The
examination
must
at
least
23
include
a
blood
test
for
common
diseases
afflicting
the
type
24
of
dairy
animal
being
examined.
25
2.
A
raw
milk
producer
shall
only
take
an
order
for
the
26
distribution
of
raw
milk
at
the
raw
milk
producer’s
raw
milk
27
dairy
where
the
raw
milk
was
produced.
The
raw
milk
producer
28
shall
only
distribute
the
raw
milk
to
an
individual
placing
the
29
order.
The
raw
milk
producer
may
distribute
the
raw
milk
to
30
the
individual
without
charge
or
on
a
retail
basis.
31
a.
The
raw
milk
producer
shall
post
the
summary
of
the
test
32
to
determine
the
coliform
count
and
standard
plate
count
of
33
the
dairy
animals
maintained
at
the
raw
milk
dairy
as
provided
34
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
1
being
distributed
the
raw
milk
may
examine
the
records
for
the
2
three-year
period
that
the
records
are
required
to
be
retained
3
by
the
raw
milk
producer
under
subsection
1.
4
b.
If
the
raw
milk
producer
sells
raw
milk
in
a
container,
5
the
container
shall
be
labeled
as
provided
in
section
191.9A.
6
c.
The
raw
milk
producer
shall
distribute
the
raw
milk
7
directly
to
the
individual
at
the
raw
milk
dairy
or
to
a
8
location
specified
by
the
individual.
However,
a
person
shall
9
not
deliver
the
raw
milk
to
a
place
of
business
where
food
10
items
are
distributed
on
a
retail
basis,
including
but
not
11
limited
to
a
home
bakery
regulated
under
chapter
137D
or
a
12
food
establishment
or
farmers
market
regulated
under
chapter
13
137F.
The
raw
milk
shall
only
be
used
for
consumption
by
the
14
individual,
members
of
the
individual’s
household,
and
the
15
individual’s
nonpaying
guests
or
nonpaying
employees.
16
d.
A
person
shall
not
resell
raw
milk.
17
3.
A
raw
milk
producer
shall
only
take
an
order
for
the
18
distribution
of
a
raw
milk
product
or
raw
milk
dairy
product
19
at
the
raw
milk
producer’s
raw
milk
dairy
where
the
raw
milk
20
product
or
raw
milk
dairy
product
is
manufactured.
The
raw
21
milk
producer
shall
only
distribute
the
raw
milk
product
or
raw
22
milk
dairy
product
to
an
individual
placing
the
order.
The
raw
23
milk
producer
may
distribute
the
raw
milk
product
or
raw
milk
24
dairy
product
to
the
individual
without
charge
or
on
a
retail
25
basis.
26
a.
The
raw
milk
producer
shall
post
the
summary
of
the
most
27
recent
test
to
determine
the
coliform
count
and
standard
plate
28
count
of
dairy
animals
maintained
at
the
raw
milk
dairy
as
29
provided
in
subsection
1.
The
summary
shall
be
posted
at
the
30
raw
milk
dairy’s
distribution
point
for
the
raw
milk
products
31
or
raw
milk
dairy
products.
The
individual
being
distributed
32
the
raw
milk
product
or
raw
milk
dairy
product
may
examine
the
33
records
for
the
three-year
period
that
the
records
are
required
34
to
be
retained
by
the
raw
milk
producer
under
subsection
1.
35
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b.
If
the
raw
milk
producer
sells
a
raw
milk
product
or
1
raw
milk
dairy
product
in
a
container,
the
container
shall
be
2
labeled
as
provided
in
section
191.9A.
3
c.
The
raw
milk
producer
shall
distribute
the
raw
milk
4
product
or
raw
milk
dairy
product
directly
to
the
individual
5
at
the
raw
milk
dairy
or
to
a
location
specified
by
the
6
individual.
However,
a
person
shall
not
deliver
the
raw
milk
7
product
or
raw
milk
dairy
product
to
a
place
of
business
where
8
food
items
are
distributed
on
a
retail
basis,
including
but
9
not
limited
to
a
home
bakery
regulated
under
chapter
137D
or
a
10
food
establishment
or
farmers
market
regulated
under
chapter
11
137F.
The
raw
milk
product
or
raw
milk
dairy
product
shall
12
only
be
used
for
consumption
by
the
individual,
members
of
the
13
individual’s
household,
or
the
individual’s
nonpaying
guests
14
or
nonpaying
employees.
15
d.
A
person
shall
not
resell
the
raw
milk
product
or
raw
16
milk
dairy
product.
17
4.
Based
on
an
affidavit
signed
by
a
licensed
physician
18
certifying
that
in
the
physician’s
opinion
an
individual
19
contracted
an
illness
as
a
direct
result
of
consuming
raw
milk
20
produced
at
a
raw
milk
dairy,
or
consuming
a
raw
milk
product
21
or
a
raw
milk
dairy
product
manufactured
at
a
raw
milk
dairy,
22
the
Iowa
department
of
public
health
acting
under
chapter
135
23
or
a
local
board
of
health
acting
under
chapter
137
may
demand
24
that
the
raw
milk
producer
provide
it
with
all
records
of
tests
25
to
determine
the
coliform
count
and
standard
plate
count
of
26
dairy
animals
maintained
at
the
raw
milk
dairy
as
required
in
27
subsection
1.
28
5.
The
department
shall
not
adopt
rules
to
administer
or
29
enforce
this
section.
30
6.
This
chapter
does
not
apply
to
a
receiving
station,
31
transfer
station,
milk
handler,
milk
grader,
or
milk
plant.
A
32
raw
milk
dairy
is
not
a
food
establishment,
food
processing
33
plant,
or
other
person
regulated
under
chapter
137F
or
other
34
chapter
regulating
such
entities.
35
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Sec.
12.
NEW
SECTION
.
194.22
Raw
milk
dairies
——
1
production,
processing,
manufacturing,
marketing,
and
2
distribution
——
exceptions.
3
This
chapter
does
not
apply
to
any
of
the
following:
4
1.
The
production,
processing,
marketing,
and
distribution
5
of
raw
milk,
if
the
raw
milk
is
produced
by
a
raw
milk
producer
6
at
a
raw
milk
dairy
in
compliance
with
section
192.145.
7
2.
The
manufacture,
marketing,
and
distribution
of
a
8
raw
milk
product
or
raw
milk
dairy
product,
if
the
raw
milk
9
product
or
raw
milk
dairy
product
is
manufactured
by
a
raw
10
milk
producer
at
a
raw
milk
dairy
in
compliance
with
section
11
192.145.
12
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(2)
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da/ns/mb
9/
9