Bill Text: IA SF310 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act allowing certain milk and products using milk to be transferred directly by operators of dairy farms, and making penalties applicable.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-02-28 - Subcommittee: Edler, Kinney, and Zumbach. S.J. 425. [SF310 Detail]
Download: Iowa-2017-SF310-Introduced.html
Senate File 310 - Introduced SENATE FILE BY SCHULTZ A BILL FOR 1 An Act allowing certain milk and products using milk to be 2 transferred directly by operators of dairy farms, and making 3 penalties applicable. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1149XS (8) 87 da/nh PAG LIN 1 1 Section 1. Section 159.6, subsection 7, Code 2017, is 1 2 amended to read as follows: 1 3 7. Regulation and inspection of foods, drugs, and other 1 4 articles, as provided in Title V, subtitle 4, but chapter 205 1 5 of that subtitle shall be enforced as provided in that chapter. 1 6 Except as expressly authorized in subtitle 4, the department 1 7 shall not regulate any of the following: 1 8 a. The production, processing, labeling, or marketing of 1 9 milk, if the milk is produced by a person operating a dairy 1 10 farm in compliance with section 192.145. 1 11 b. The manufacturing, labeling, or marketing of a milk 1 12 product or dairy product, if the milk product or dairy 1 13 product is manufactured by a person operating a dairy farm in 1 14 compliance with section 192.145. 1 15 Sec. 2. Section 191.2, subsection 5, unnumbered paragraph 1 16 1, Code 2017, is amended to read as follows: 1 17AllExcept as provided in subsection 5A, bottles, 1 18 containers, and packages enclosing milk or milk products shall 1 19 be conspicuously labeled or marked with the following: 1 20 Sec. 3. Section 191.2, Code 2017, is amended by adding the 1 21 following new subsection: 1 22 NEW SUBSECTION. 5A. A person who operates a dairy farm as 1 23 provided in chapter 192 and who sells milk or a milk product 1 24 to an individual in compliance with section 192.145 is not 1 25 required to label or mark a container which contains the milk 1 26 or milk product. 1 27 Sec. 4. NEW SECTION. 191.9A Exception for on=farm sale of 1 28 dairy products. 1 29 A person who operates a dairy farm as provided in chapter 192 1 30 and who sells a dairy product to an individual in compliance 1 31 with section 192.145 is not required to label or mark a 1 32 container which contains the dairy product. 1 33 Sec. 5. Section 192.103, Code 2017, is amended to read as 1 34 follows: 1 35 192.103 Sale of grade "A" milk to final consumer == 2 1 impoundment of adulterated or misbranded milk. 2 2 1. Only grade "A" pasteurized milk and milk products 2 3 shall be sold to the final consumer, or to restaurants, soda 2 4 fountains, grocery stores, or similar establishments;, except 2 5inas follows: 2 6 a. In an emergency, the sale of pasteurized milk and milk 2 7 products which have not been graded, or the grade of which is 2 8 unknown, may be authorized by the secretary, in which case, 2 9 such products shall be labeled "ungraded". 2 10 b. A person who operates a dairy farm may sell milk or 2 11 a milk product to an individual in compliance with section 2 12 192.145. 2 13 2. No person shall within the state produce, provide, sell, 2 14 offer, or expose for sale, or have in possession with intent 2 15 to sell, any milk or milk product which is adulterated or 2 16 misbranded; except, in an emergency, the sale of pasteurized 2 17 milk and milk products which have not been graded, or the grade 2 18 of which is unknown, may be authorized by the secretary, in 2 19 which case such products shall be labeled "ungraded". 2 20 3. Any adulterated or misbranded milk or milk product 2 21 may be impounded by the secretary or authorized municipal 2 22 corporation and disposed of in accordance with applicable laws 2 23 or regulations. 2 24 Sec. 6. NEW SECTION. 192.144 Definitions. 2 25 As used in this chapter, unless the context otherwise 2 26 requires: 2 27 1. "Dairy product" means a product, other than a milk 2 28 product, in which milk is the principal ingredient at any 2 29 temperature and in either a manufactured or unmanufactured 2 30 state. To the extent that it is not classified as a milk 2 31 product, a dairy product includes but is not limited to butter, 2 32 cheese, cream, cottage cheese, ricotta cheese, kefir, or ice 2 33 cream. 2 34 2. "Manufacture" means to convert or condition personal 2 35 property by changing the form, composition, quality, or 3 1 character of a product, and includes activities associated with 3 2 a creamery or cheese factory. 3 3 Sec. 7. NEW SECTION. 192.145 On=farm production, 3 4 processing, manufacturing, and marketing. 3 5 1. A person who operates a dairy farm may do any of the 3 6 following: 3 7 a. Produce milk at the dairy farm or process the milk at the 3 8 dairy farm, if the person does not sell the milk. Nothing in 3 9 this paragraph prevents the person from disposing of the milk 3 10 without receiving compensation. 3 11 b. Produce milk at the dairy farm or process the milk at 3 12 the dairy farm, if the person sells the milk to an individual, 3 13 regardless of whether the milk is unpasteurized or ungraded. 3 14 The milk must be sold to the individual on a retail basis and 3 15 not for resale. The person may deliver the milk or cause the 3 16 milk to be delivered to a location specified by the individual. 3 17 An individual who receives the milk shall not resell it. 3 18 2. A person who operates a dairy farm may manufacture a 3 19 milk product or dairy product at the dairy farm by using milk 3 20 produced at the dairy farm, if any of the following apply: 3 21 a. The person does not sell the milk product or dairy 3 22 product. Nothing in this paragraph prevents the person 3 23 from disposing of the milk product or dairy product without 3 24 receiving compensation. 3 25 b. The person sells the milk product or dairy product to 3 26 an individual, regardless of whether the milk product or dairy 3 27 product is unpasteurized or ungraded. The milk product or 3 28 dairy product must be sold to the individual on a retail basis 3 29 and not for resale. The person may deliver the product or 3 30 cause the product to be delivered to a location specified by 3 31 the individual. An individual who receives the milk product or 3 32 dairy product shall not resell it. 3 33 3. A person who operates a dairy farm shall not be otherwise 3 34 subject to regulation by the department for actions taken in 3 35 compliance with this section. Such regulation includes but 4 1 is not limited to labeling requirements under chapter 19l or 4 2 licensing, permitting, or inspection requirements under this 4 3 chapter or chapter 194. 4 4 Sec. 8. NEW SECTION. 194.22 On=farm production, processing, 4 5 manufacturing, and marketing ==== exception. 4 6 This chapter does not apply to any of the following: 4 7 1. The production, processing, labeling, or marketing of 4 8 milk, if the milk is produced by a person operating a dairy 4 9 farm in compliance with section 192.145. 4 10 2. The manufacturing, labeling, or marketing of a milk 4 11 product or dairy product, if the milk product or dairy 4 12 product is manufactured by a person operating a dairy farm in 4 13 compliance with section 192.145. 4 14 EXPLANATION 4 15 The inclusion of this explanation does not constitute agreement with 4 16 the explanation's substance by the members of the general assembly. 4 17 BILL'S PROVISIONS. This bill provides that a person who 4 18 operates a dairy farm (operator) may produce and dispose of 4 19 the milk produced on the dairy farm, process such milk, or 4 20 manufacture a milk product or dairy product (product) from such 4 21 milk without state regulation under certain circumstances. 4 22 Generally, a "milk product" includes items such as cream, sour 4 23 cream, eggnog, or buttermilk for which temperature is an issue, 4 24 but may not include other dairy items such as butter or cheese. 4 25 The bill defines a "dairy product" as a manufactured item other 4 26 than a milk product in which milk is the principal ingredient. 4 27 The operator may sell the milk or product, regardless of 4 28 whether the milk or product is unpasteurized or ungraded, so 4 29 long as it is sold to an individual on a retail basis and not 4 30 for resale. The operator may also deliver the milk or product 4 31 to a location specified by the individual. A person purchasing 4 32 the milk or product is prohibited from reselling the milk or 4 33 product. The operator is also not subject to state regulations 4 34 governing the production, processing, labeling, or marketing 4 35 of milk or the manufacturing, labeling, or marketing of a milk 5 1 product to the extent that the operator is acting in compliance 5 2 with the bill's provisions. 5 3 BACKGROUND. Dairy production and the manufacture of milk 5 4 and dairy products are governed under federal and state law 5 5 including by the United States food and drug administration 5 6 (FDA) under 21 C.F.R. pt. 1240 and the department of 5 7 agriculture and land stewardship (DALS) under Code title V, 5 8 subtitle 4. Specifically, DALS regulates and enforces a 5 9 number of statutory provisions governing the production of 5 10 products, including the labeling of milk and milk products 5 11 (Code chapter 191), the production and marketing of milk and 5 12 products manufactured from milk (Code chapter 192), and the 5 13 grading of milk (Code chapter 194). This includes a number of 5 14 departmental rules (21 IAC, chs. 68=71). DALS also regulates 5 15 standards for dairy products (Code section 190.2 and 21 IAC ch. 5 16 71). DALS has adopted by reference the "Grade 'A' Pasteurized 5 17 Milk Ordinance", a body of comprehensive regulations published 5 18 by the national conference on interstate milk shipments and the 5 19 FDA (Code section 192.102). Under state law, all milk must 5 20 be sold on the basis of grade (Code section 194.10) and only 5 21 grade "A" pasteurized milk and milk products can be sold to the 5 22 final consumer (Code section 192.103). Grade "B" milk may be 5 23 sold for manufacturing purposes (21 IAC 68.2). All dairy farms 5 24 selling grade "A" or grade "B" milk must be issued a permit (21 5 25 IAC 68.2) and are subject to inspection (21 IAC 68.12). 5 26 PENALTY. A person who violates the bill's provisions is 5 27 guilty of a simple misdemeanor (Code section 189.21). A simple 5 28 misdemeanor is punishable by confinement for no more than 30 5 29 days or a fine of at least $65 but not more than $625 or by 5 30 both. LSB 1149XS (8) 87 da/nh
