HF 2057 (LSB 5409YH (2) 87)

HOUSE FILE 2057

BY  HEARTSILL

A BILL FOR

An Act relating to dairy items, including unpasteurized or ungraded milk or milk products, produced at a dairy farm and sold to an individual for use as commercial feed, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 191.2, subsection 5, Code 2018, is amended to read as follows:
   5.  All 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 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. 2.  Section 191.2, Code 2018, is amended by adding the following new subsection:
   NEW SUBSECTION.  5A.  A bottle, container, or package containing milk or a milk product that is unpasteurized or ungraded and sold for commercial feed as provided in section 192.103 shall be conspicuously labeled or marked with the following:

“It is not legal to sell raw or ungraded milk or a milk product containing raw or ungraded milk for human consumption in Iowa. This milk or milk product is intended to be used solely for commercial feed to be consumed by animals.”
    Sec. 3.  Section 192.103, Code 2018, is amended to read as follows:
   192.103  Sale of grade “A” milk to final consumer —— impoundment of adulterated or misbranded milk —— exceptions.
   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; except 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”.
   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; except, 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”.
   3.  Any adulterated or misbranded milk or milk product may be impounded by the secretary or authorized municipal corporation and disposed of in accordance with applicable laws or regulations.
   4.  a.  Notwithstanding subsections 1 through 3, a person who operates a dairy farm may sell milk or a milk product that is unpasteurized or ungraded, if it is produced at that dairy farm and sold to an individual as commercial feed for animals as defined in section 198.3. The person must label the bottle, container, or package containing milk or a milk product as provided in section 191.2, subsection 5A. The person may deliver or cause to be delivered such milk or milk product to a location specified by the individual. An individual who purchases the milk or milk product shall not resell it.
   b.  As used in paragraph “a”, “sell” means to transfer title or possession, by exchange or barter, in any manner or by any means or agreement. “Sell” includes any transaction that involves the transfer of milk or a milk product or the right to acquire milk or a milk product through barter or contractual arrangement or in exchange for any other form of compensation including but not limited to the sale of shares or interest in a cow, goat, or other lactating animal or herd.
    Sec. 4.  NEW SECTION.  192.113A  Penalty —— persons purchasing milk or milk products for commercial feed.
   A person who purchases milk or a milk product for commercial feed and resells the milk or milk product is guilty of a simple misdemeanor as provided in section 189.21.
    Sec. 5.  NEW SECTION.  192.114  Exception —— dairy farms selling milk or milk products for commercial feed.
   A person who operates a dairy farm is not required to obtain a permit or to comply with inspection requirements as otherwise provided in this chapter, if the person produces milk or a milk product at that dairy farm for sale to an individual as commercial feed as provided in section 192.103. However, this exception does not apply to the extent that the person or the person’s dairy farm also operates to produce milk or a milk product other than for commercial feed as provided in that section.
    Sec. 6.  Section 192.122, Code 2018, is amended to read as follows:
   192.122  Milk bottles to be marked —— exception.
   1.  Bottles or jars used for the sale of milk shall have clearly blown or permanently marked in the side of the bottle, the capacity of the bottle, and on the bottom of the bottle the name, initials, or certification mark of the manufacturer. The designating number shall be furnished by the department on request.
   2.  Subsection 1 does not apply to bottles or jars used for the sale of milk that is unpasteurized or ungraded and sold for commercial feed as provided in section 192.103.
    Sec. 7.  NEW SECTION.  198.21  Milk and milk product exception.
   This chapter does not apply to a person who operates a dairy farm and who sells milk or a milk product to an individual as commercial feed as provided in section 192.103.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill provides that a person who operates a dairy farm may sell milk or a milk product that is unpasteurized or ungraded, if it is produced at that dairy farm and sold to an individual as commercial feed for animals. The person would not be required to obtain a permit or comply with inspection requirements as otherwise provided in the “Iowa Grade ‘A’ Milk Inspection Law” (Code chapter 192). The person also would not be required to obtain a license or comply with inspection requirements under the “Iowa Commercial Feed Law” (Code chapter 198). The bill requires that a container holding unpasteurized or ungraded milk or a milk product be conspicuously labeled (Code section 191.2). A person who purchases milk or a milk product for commercial feed for resale is guilty of a simple misdemeanor (new Code section 192.113A). A simple misdemeanor is punishable by confinement for no more than 30 days or a fine of at least $65 but not more than $625 or by both.