Bill Text: IA SF77 | 2013-2014 | 85th 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) 2013-12-31 - END OF 2013 ACTIONS [SF77 Detail]
Download: Iowa-2013-SF77-Introduced.html
Senate
File
77
-
Introduced
SENATE
FILE
77
BY
SORENSON
A
BILL
FOR
An
Act
allowing
certain
milk
and
products
using
milk
to
be
1
transferred
directly
by
operators
of
dairy
farms,
and
making
2
penalties
applicable.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
159.6,
subsection
7,
Code
2013,
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
any
of
the
following:
7
a.
Producing,
processing,
labeling,
or
marketing
of
milk,
8
if
the
milk
is
produced
by
a
person
operating
a
dairy
farm
in
9
compliance
with
section
192.145.
10
b.
Manufacturing,
labeling,
or
marketing
of
a
milk
product
11
or
dairy
product,
if
the
milk
product
or
dairy
product
is
12
manufactured
by
a
person
operating
a
dairy
farm
in
compliance
13
with
section
192.145.
14
Sec.
2.
Section
191.2,
subsection
5,
unnumbered
paragraph
15
1,
Code
2013,
is
amended
to
read
as
follows:
16
All
Except
as
provided
in
subsection
5A,
bottles,
17
containers,
and
packages
enclosing
milk
or
milk
products
shall
18
be
conspicuously
labeled
or
marked
with
the
following
:
19
Sec.
3.
Section
191.2,
Code
2013,
is
amended
by
adding
the
20
following
new
subsection:
21
NEW
SUBSECTION
.
5A.
A
person
who
operates
a
dairy
farm
as
22
provided
in
chapter
192
and
who
sells
milk
or
a
milk
product
23
to
an
individual
in
compliance
with
section
192.145
is
not
24
required
to
label
or
mark
a
container
which
contains
the
milk
25
or
milk
product.
26
Sec.
4.
NEW
SECTION
.
191.9A
Exception
for
on-farm
sale
of
27
dairy
products.
28
A
person
who
operates
a
dairy
farm
as
provided
in
chapter
192
29
and
who
sells
a
dairy
product
to
an
individual
in
compliance
30
with
section
192.145
is
not
required
to
label
or
mark
a
31
container
which
contains
the
dairy
product.
32
Sec.
5.
Section
192.103,
Code
2013,
is
amended
to
read
as
33
follows:
34
192.103
Sale
of
grade
“A”
milk
to
final
consumer
——
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impoundment
of
adulterated
or
misbranded
milk.
1
1.
Only
grade
“A”
pasteurized
milk
and
milk
products
2
shall
be
sold
to
the
final
consumer,
or
to
restaurants,
soda
3
fountains,
grocery
stores,
or
similar
establishments
;
,
except
4
in
as
follows:
5
a.
In
an
emergency,
the
sale
of
pasteurized
milk
and
milk
6
products
which
have
not
been
graded,
or
the
grade
of
which
is
7
unknown,
may
be
authorized
by
the
secretary,
in
which
case,
8
such
products
shall
be
labeled
“ungraded”.
9
b.
A
person
who
operates
a
dairy
farm
may
sell
milk
or
10
a
milk
product
to
an
individual
in
compliance
with
section
11
192.145.
12
2.
No
person
shall
within
the
state
produce,
provide,
sell,
13
offer,
or
expose
for
sale,
or
have
in
possession
with
intent
14
to
sell,
any
milk
or
milk
product
which
is
adulterated
or
15
misbranded;
except,
in
an
emergency,
the
sale
of
pasteurized
16
milk
and
milk
products
which
have
not
been
graded,
or
the
grade
17
of
which
is
unknown,
may
be
authorized
by
the
secretary,
in
18
which
case
such
products
shall
be
labeled
“ungraded”.
19
3.
Any
adulterated
or
misbranded
milk
or
milk
product
20
may
be
impounded
by
the
secretary
or
authorized
municipal
21
corporation
and
disposed
of
in
accordance
with
applicable
laws
22
or
regulations.
23
Sec.
6.
NEW
SECTION
.
192.144
Definitions.
24
As
used
in
this
subchapter,
unless
the
context
otherwise
25
requires:
26
1.
“Dairy
product”
means
a
product,
other
than
a
milk
27
product,
in
which
milk
is
the
principal
ingredient
at
any
28
temperature
and
in
either
a
manufactured
or
unmanufactured
29
state.
To
the
extent
that
it
is
not
classified
as
a
milk
30
product,
a
dairy
product
includes
but
is
not
limited
to
butter,
31
cheese,
cream,
cottage
cheese,
ricotta
cheese,
kefir,
or
ice
32
cream.
33
2.
“Manufacture”
means
to
convert
or
condition
personal
34
property
by
changing
the
form,
composition,
quality,
or
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character
of
a
product,
and
includes
activities
associated
with
1
a
creamery
or
cheese
factory.
2
Sec.
7.
NEW
SECTION
.
192.145
On-farm
production,
3
processing,
manufacturing,
and
marketing.
4
1.
A
person
who
operates
a
dairy
farm
may
do
any
of
the
5
following:
6
a.
Produce
milk
at
the
dairy
farm
or
process
the
milk
at
the
7
dairy
farm,
if
the
person
does
not
sell
the
milk.
Nothing
in
8
this
paragraph
prevents
the
person
from
disposing
of
the
milk
9
without
receiving
compensation.
10
b.
Produce
milk
at
the
dairy
farm
or
process
the
milk
at
11
the
dairy
farm,
if
the
person
sells
the
milk
to
an
individual,
12
regardless
of
whether
the
milk
is
unpasteurized
or
ungraded.
13
The
milk
must
be
sold
to
the
individual
on
a
retail
basis
14
and
not
for
resale.
The
person
may
deliver,
or
cause
to
be
15
delivered,
the
milk
to
a
location
specified
by
the
individual.
16
An
individual
who
receives
the
milk
shall
not
resell
it.
17
2.
A
person
who
operates
a
dairy
farm
may
manufacture
a
18
milk
product
or
dairy
product
at
the
dairy
farm
by
using
milk
19
produced
at
the
dairy
farm,
if
any
of
the
following
apply:
20
a.
The
person
does
not
sell
the
milk
product
or
dairy
21
product.
Nothing
in
this
paragraph
prevents
the
person
22
from
disposing
of
the
milk
product
or
dairy
product
without
23
receiving
compensation.
24
b.
The
person
sells
the
milk
product
or
dairy
product
to
25
an
individual,
regardless
of
whether
the
milk
product
or
dairy
26
product
is
unpasteurized
or
ungraded.
The
milk
product
or
27
dairy
product
must
be
sold
to
the
individual
on
a
retail
basis
28
and
not
for
resale.
The
person
may
deliver,
or
cause
to
be
29
delivered,
the
milk
product
or
dairy
product
to
a
location
30
specified
by
the
individual.
An
individual
who
receives
the
31
milk
product
or
dairy
product
shall
not
resell
it.
32
3.
A
person
who
operates
a
dairy
farm
shall
not
be
subject
33
to
regulation
by
the
department
for
acting
in
compliance
with
34
this
section.
Such
regulation
includes
but
is
not
limited
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to
labeling
requirements
under
chapter
19l
or
licensing,
1
permitting,
or
inspection
requirements
under
this
chapter
or
2
chapter
194.
3
Sec.
8.
NEW
SECTION
.
194.22
On-farm
production,
processing,
4
manufacturing,
and
marketing
——
exception.
5
This
chapter
does
not
apply
to
any
of
the
following:
6
1.
Producing,
processing,
labeling,
or
marketing
of
milk,
7
if
the
milk
is
produced
by
a
person
operating
a
dairy
farm
in
8
compliance
with
section
192.145.
9
2.
Manufacturing,
labeling,
or
marketing
of
a
milk
product
10
or
dairy
product,
if
the
milk
product
or
dairy
product
is
11
manufactured
by
a
person
operating
a
dairy
farm
in
compliance
12
with
section
192.145.
13
Sec.
9.
CODE
EDITOR
DIRECTIVE.
The
Code
editor
is
directed
14
to
divide
chapter
192
into
subchapters.
15
EXPLANATION
16
BACKGROUND.
This
bill
amends
provisions
affecting
persons
17
who
operate
dairy
farms,
including
provisions
for
the
18
processing
of
milk
and
the
manufacture
of
milk
products,
and
19
dairy
products
on
such
farms.
The
provisions
are
administered
20
and
enforced
by
the
department
of
agriculture
and
land
21
stewardship.
22
Generally,
statutory
provisions
and
departmental
rules
23
regulating
milk
are
based
on
model
legislation
referred
to
24
as
the
“Grade
‘A’
Pasteurized
Milk
Ordinance”
(Code
section
25
192.101A).
The
“Grade
‘A’
Pasteurized
Milk
Ordinance”
defines
26
a
milk
product
as
including
cream,
sour
cream,
dry
milk,
27
concentrated
milk,
eggnog,
buttermilk,
and
yogurt.
All
food
28
offered
or
exposed
for
sale
must
be
labeled
(Code
section
29
191.1).
This
includes
labeling
the
milk
or
milk
product
as
30
“raw”
(Code
section
191.2(5)(e)).
All
milk
must
be
sold
on
31
the
basis
of
grade
(Code
section
194.10)
and
only
grade
“A”
32
pasteurized
milk
and
milk
products
can
be
sold
to
the
final
33
consumer
(Code
section
192.103).
Grade
“B”
milk
may
be
sold
34
for
manufacturing
purposes
(21
IAC
68.2).
All
dairy
farms
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selling
grade
“A”
or
grade
“B”
milk
must
be
issued
a
permit
1
by
the
department
of
agriculture
and
land
stewardship
(21
IAC
2
68.2).
3
The
bill
provides
that
these
regulatory
provisions
do
not
4
apply
to
a
person
who
operates
a
dairy
farm.
The
person
may
5
produce
milk
and
dispose
of
it
or
sell
it
to
an
individual
on
6
a
retail
basis.
The
operator
may
also
deliver
the
milk
to
a
7
location
specified
by
the
individual.
The
bill
also
provides
8
that
the
regulatory
provisions
do
not
apply
to
the
operator
of
9
a
dairy
farm
who
manufactures
a
milk
product
or
dairy
product,
10
who
may
dispose
of
the
product
or
sell
it
in
the
same
manner
as
11
milk.
A
milk
product
is
defined
by
the
“Grade
‘A’
Pasteurized
12
Milk
Ordinance”
and
includes
cream
or
yogurt.
A
dairy
product
13
includes
a
product
other
than
a
milk
product
whose
principal
14
ingredient
is
milk
(e.g.,
ice
cream).
15
A
person
who
violates
the
bill’s
provisions
is
guilty
of
a
16
simple
misdemeanor
(Code
section
189.21).
A
simple
misdemeanor
17
is
punishable
by
confinement
for
no
more
than
30
days
or
a
fine
18
of
at
least
$65
but
not
more
than
$625
or
by
both.
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