Senate File 287 - Introduced SENATE FILE 287 BY CHELGREN A BILL FOR An Act providing for the sale of unpasteurized or ungraded milk 1 to final consumers. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1175XS (3) 87 da/nh

S.F. 287 Section 1. Section 192.102, Code 2017, is amended to read 1 as follows: 2 192.102 Grade “A” pasteurized milk ordinance. 3 The department shall adopt rules incorporating or 4 incorporating by reference the federal publication entitled 5 “Grade ‘A’ Pasteurized Milk Ordinance”. If the ordinance 6 specifies that compliance with a provision of the ordinance’s 7 appendices is mandatory, the department shall also adopt 8 that provision. However, the department shall not adopt any 9 provision of the ordinance that is inconsistent with the 10 provisions of this chapter. The department shall not amend 11 the ordinance, unless the department explains each amendment 12 and reasons for the amendment in the Iowa administrative 13 bulletin when the rules are required to be published pursuant 14 to chapter 17A . The department shall administer this chapter 15 consistent with the provisions of the ordinance as adopted by 16 the department . 17 Sec. 2. Section 192.103, Code 2017, is amended to read as 18 follows: 19 192.103 Sale of grade “A” milk to final consumer —— 20 unpasteurized and ungraded milk and milk products —— impoundment 21 of adulterated or misbranded milk. 22 1. a. Only grade “A” pasteurized milk and milk products 23 shall be sold to the final consumer, or to restaurants, soda 24 fountains, grocery stores, or similar establishments ; except . 25 Only grade “A” pasteurized milk products shall be sold to the 26 final consumer, or to restaurants, soda fountains, grocery 27 stores, or similar establishments. However, in an emergency, 28 the sale of pasteurized milk and milk products which have 29 not been graded, or the grade of which is unknown, may be 30 authorized by the secretary, in which case, such milk or milk 31 products shall be labeled “ungraded”. 32 b. Unpasteurized or ungraded milk may be sold to a final 33 consumer. 34 2. a. No A person shall within the state not produce, 35 -1- LSB 1175XS (3) 87 da/nh 1/ 2

S.F. 287 provide, sell, offer, or expose for sale, or have in possession 1 with intent to sell, any milk or milk product which is 2 adulterated or misbranded ; except , in an emergency , the . In an 3 emergency, the sale of pasteurized milk and milk products which 4 have not been graded, or the grade of which is unknown, may be 5 authorized by the secretary, in which case such milk or milk 6 products shall be labeled “ungraded”. 7 b. Any adulterated or misbranded milk or milk product 8 may be impounded by the secretary or authorized municipal 9 corporation and disposed of in accordance with applicable laws 10 or regulations. 11 EXPLANATION 12 The inclusion of this explanation does not constitute agreement with 13 the explanation’s substance by the members of the general assembly. 14 This bill provides that a person may sell unpasteurized 15 or ungraded milk to the final consumer under Code chapter 16 192. Currently, Code section 192.103 requires that only 17 grade “A” pasteurized milk and milk products can be sold to 18 final consumers, as well as to restaurants, soda fountains, 19 grocery stores, or similar establishments, except in cases 20 of an emergency in which a milk or milk product may be sold 21 as ungraded if approved by the department of agriculture and 22 land stewardship. Generally, the department regulates the 23 production, processing, packaging, and sale of grade “A” milk 24 and milk products under model legislation referred to as the 25 pasteurized milk ordinance (PMO) which the department adopts 26 by reference under Code section 192.102. Code section 192.103 27 is based on section 9 of the PMO and the bill also amends Code 28 section 192.102 to prohibit the department from adopting any 29 provision of the PMO that is not consistent with the provisions 30 of the Code chapter. 31 -2- LSB 1175XS (3) 87 da/nh 2/ 2