Print
Senate File 315 - EnrolledAn Actrelating to raw milk, by providing for the production
of raw milk at certain dairies, the manufacture of products
using raw milk, and the labeling and distribution of raw
milk and manufactured products, and making penalties
applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. NEW SECTION. 135.16B Raw milk — associated
products.
The department of health and human services may demand that
a raw milk producer provide the department with all records
required to be retained by the raw milk producer as provided in
section 195.6, including any of the following:
1. The coliform count and standard plate count of dairy
animals maintained at a raw milk dairy owned or operated by the
raw milk producer.
2. The administration of antibiotic drugs to dairy animals
maintained at a raw milk dairy owned or operated by the raw
milk producer.
Sec. 2. Section 137.104, subsection 2, Code 2023, is amended
by adding the following new paragraph:
NEW PARAGRAPH. e. Demand that a raw milk producer provide
the board with all records required to be retained by the raw
milk producer as provided in section 195.6, including any of
the following:
(1) The coliform count and standard plate count of dairy
animals maintained at a raw milk dairy owned or operated by the
raw milk producer.
(2) The administration of antibiotic drugs to dairy animals
maintained at a raw milk dairy owned or operated by the raw
milk producer.
Sec. 3. NEW SECTION. 137D.2A Raw milk — associated
products.
A home food processing establishment shall not advertise
for sale, offer for sale, sell or otherwise distribute, or use
raw milk, or a manufactured raw milk product or raw milk dairy
product, as provided in chapter 195.
Sec. 4. Section 137F.1, subsection 9, Code 2023, is amended
by adding the following new paragraph:
NEW PARAGRAPH. o. (1) The premises of a raw milk dairy
where raw milk is produced, processed, labeled, marketed, or
distributed by a raw milk producer in compliance with chapter
-1-195.
(2) The premises of a raw milk dairy where a raw milk
product or a raw milk dairy product is manufactured, labeled,
marketed, or distributed by a raw milk producer in compliance
with chapter 195.
Sec. 5. Section 137F.1, subsection 10, Code 2023, is amended
by adding the following new paragraph:
NEW PARAGRAPH. d. (1) The premises of a raw milk dairy
where raw milk is produced, processed, labeled, marketed, or
distributed by a raw milk producer in compliance with chapter
195.
(2) A premises of a raw milk dairy where a raw milk product
or raw milk dairy product is manufactured, labeled, marketed,
or distributed by a raw milk producer in compliance with
chapter 195.
Sec. 6. NEW SECTION. 137F.8B Raw milk — associated
products.
A food establishment or farmers market shall not advertise
for sale, offer for sale, sell or otherwise distribute, or use
raw milk, or a manufactured raw milk product or a raw milk
dairy product, regardless of whether the food establishment
or farmers market is regulated by the department under
this chapter or another chapter, another state agency, or a
municipality.
Sec. 7. Section 159.6, subsection 6, Code 2023, is amended
to read as follows:
6. Regulation and inspection of foods, drugs, and other
articles, as provided in Title V, subtitle 4, but. However,
chapter 205 of that subtitle shall be enforced as provided in
that chapter. Except as expressly authorized in subtitle 4,
the department shall not regulate any of the following:
a. The production, processing, labeling, marketing, or
distribution of raw milk by a raw milk producer in compliance
with chapter 195.
b. The manufacture, labeling, marketing, or distribution
-2-of a raw milk product or raw milk dairy product by a raw milk
producer in compliance with chapter 195.
Sec. 8. Section 190.2, Code 2023, is amended by adding the
following new subsection:
NEW SUBSECTION. 3. This section does not apply to any of
the following:
a. The production, processing, labeling, marketing, or
distribution of raw milk by a raw milk producer in compliance
with chapter 195.
b. The manufacture, labeling, marketing, or distribution
of a raw milk product or raw milk dairy product by a raw milk
producer in compliance with chapter 195.
Sec. 9. Section 191.2, subsection 5, unnumbered paragraph
1, Code 2023, is amended to read as follows:
All bottles, containers, and packages 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:
Sec. 10. Section 191.2, Code 2023, is amended by adding the
following new subsection:
NEW SUBSECTION. 5A. Raw milk and associated products. A
container holding raw milk, or a manufactured raw milk product
or a raw milk dairy product, distributed by a raw milk producer
shall be labeled as required in section 195.9.
Sec. 11. Section 192.103, subsections 1 and 2, Code 2023,
are amended to read as follows:
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. However,
in except as follows:
a. Inan emergency, the sale of pasteurized milk and milk
products which that 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”.
b. A raw milk producer may distribute raw milk, or a
-3-manufactured raw milk product or raw milk dairy product, in
compliance with chapter 195.
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. However, 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”.
Sec. 12. NEW SECTION. 194.22 Raw milk dairies — exception.
This chapter does not apply to any of the following:
1. The production, processing, marketing, and distribution
of raw milk, if the raw milk is produced by a raw milk producer
at a raw milk dairy as provided in chapter 195.
2. The manufacture, marketing, and distribution of a
raw milk product or raw milk dairy product, if the raw milk
product or raw milk dairy product is manufactured by a raw milk
producer at a raw milk dairy as provided in chapter 195.
Sec. 13. NEW SECTION. 195.1 Definitions.
As used in this chapter, unless the context otherwise
requires:
1. “Dairy animal” means a cow, goat, or sheep that is
actively producing milk.
2. “Department” means the department of agriculture and land
stewardship.
3. “Distribute” means to transfer an item or offer to
transfer an item to another person, either free of charge or by
sale or exchange.
4. “Milk” means the lacteal secretion of a dairy animal.
5. “Raw milk” means milk that is not pasteurized or graded
as otherwise required in chapters 190, 192, and 194.
6. “Raw milk dairy” means an operation, owned or operated by
a raw milk producer, where not more than ten dairy animals are
maintained to actively produce milk at any one time.
-4- 7. “Raw milk dairy product” means a product, other than a
milk product, manufactured using milk or a milk product as the
primary ingredient, and that includes any quantity of raw milk.
8. “Raw milk producer” means a milk producer who owns or
operates a raw milk dairy, if the milk producer makes the
election provided in section 195.5.
9. “Raw milk product” means a product manufactured using
milk as its exclusive ingredient as described in 21 C.F.R.
§1240.3 and that includes any quantity of raw milk.
10. “Recognized bacteria count limit” means the results of a
test measuring the presence of bacteria in raw milk at a level
that does not exceed the following:
a. For a bacteria coliform count, ten colony forming units
per milliliter (10 cfu/mL).
b. For a standard plate count, twenty-five thousand colony
forming units per milliliter (25,000 cfu/mL).
Sec. 14. NEW SECTION. 195.2 Construing this chapter with
other applicable chapters.
1. This chapter shall be construed to supplement applicable
provisions in chapters 190, 191, 192, and 194. If there is a
conflict between a provision in this chapter and one of those
other chapters, the provision in this chapter shall prevail
but only to the extent of interpreting the provision in this
chapter.
2. This chapter does not apply to the powers and duties of
the department to control an infectious or contagious disease
that may affect dairy animals within the state as provided in
another chapter, including a rule adopted pursuant to that
other chapter. The control of an infectious or contagious
disease includes the prevention, suppression, or eradication
of an infectious or contagious disease among a population of
dairy animals as provided in that other chapter. However, the
department shall not administer or enforce a provision of the
other chapter if it results in treating a raw milk producer
differently than producers of milk pasteurized or graded as
-5-otherwise required in chapter 190, 192, or 194.
Sec. 15. NEW SECTION. 195.3 Exclusions.
This chapter does not apply to a bulk milk tanker, milk
grader, milk hauler, milk plant, milk processing plant, dairy
plant, transfer station, or receiving station.
Sec. 16. NEW SECTION. 195.4 Rulemaking prohibited.
The department shall not adopt rules to administer or
enforce this chapter.
Sec. 17. NEW SECTION. 195.5 General — election by raw milk
producer.
A raw milk producer may elect to produce, process, market, or
distribute raw milk at the raw milk producer’s raw milk dairy
in compliance with this chapter. A raw milk producer may also
elect to use the raw milk to manufacture, market, or distribute
a raw milk product or raw milk dairy product at the raw milk
producer’s raw milk dairy in compliance with this chapter.
Sec. 18. NEW SECTION. 195.6 Production of raw milk.
If a raw milk producer makes an election described in section
195.5 to produce raw milk, all of the following apply:
1. The raw milk must be produced exclusively from dairy
animals maintained at the raw milk dairy.
2. The raw milk must be produced at the raw milk dairy in a
manner that ensures the health and safety of persons consuming
the raw milk.
3. Each twelve-month period, a licensed veterinarian must
examine each dairy animal maintained at the raw milk producer’s
raw milk dairy to determine the dairy animal’s health status.
The examination must at least include a blood test for common
diseases afflicting the type of dairy animal being examined.
4. a. The raw milk producer shall, every month, test
each dairy animal maintained at the raw milk producer’s raw
milk dairy to determine the dairy animal’s coliform count and
standard plate count.
b. The raw milk producer shall not do any of the following:
(1) Process, market, or distribute raw milk, if the raw milk
-6-exceeds the recognized bacteria count limit.
(2) Manufacture, market, or distribute a raw milk product
or raw milk dairy product, if raw milk used as an ingredient
exceeds the recognized bacteria count limit.
c. The raw milk producer shall retain a record of each test
conducted at the raw milk dairy for at least three years.
5. a. If a dairy animal maintained at a raw milk dairy is
administered with an antibiotic drug, the raw milk producer
shall comply with the following health protocols:
(1) The antibiotic drug must be all of the following:
(a) Approved by the United States food and drug
administration for its intended use.
(b) Stored in a closed, labeled container as provided by the
manufacturer of the antibiotic drug before being administered.
(c) Stored and administered as directed by the manufacturer
of the antibiotic drug.
(2) For a dairy animal subject to a health protocol as
provided in subparagraph (1), any raw milk produced from the
dairy animal before the expiration of the production waiting
period as directed by the manufacturer shall not be used to do
any of the following:
(a) Process, market, or distribute the raw milk.
(b) Manufacture, market, or distribute a raw milk product or
raw milk dairy product that uses the raw milk as an ingredient.
b. The manufacturer of an antibiotic drug administered to
a dairy animal under this subsection may provide directions
on the label of the container storing the antibiotic drug or
other source of information regarding the use of the antibiotic
controlled by the manufacturer.
c. The raw milk producer shall retain records identifying
the type and dosage of each antibiotic drug administered to
a dairy animal maintained at the raw milk dairy, each dairy
animal administered the antibiotic drug, and date and place
where the antibiotic drug was administered. The raw milk
producer shall retain the records for at least three years.
-7- Sec. 19. NEW SECTION. 195.7 Processing and manufacturing
of raw milk.
1. Raw milk produced at a raw milk dairy must be processed
and manufactured at the raw milk dairy in a manner that ensures
the health and safety of persons consuming the processed raw
milk, raw milk product, or raw milk dairy product.
2. The raw milk must not be pasteurized or graded.
3. The raw milk must be distributed not later than seven
calendar days after it was produced by a dairy animal.
4. The raw milk, raw milk product, or raw milk dairy
product, or any other item using raw milk as an ingredient,
shall be kept for storage prior to distribution at not more
than 45 degrees Fahrenheit.
Sec. 20. NEW SECTION. 195.8 Distribution of raw milk or
associated products.
1. A raw milk producer shall only take an order for the
distribution of raw milk at the raw milk producer’s raw milk
dairy where the raw milk is produced. The raw milk producer
shall only distribute the raw milk to an individual placing the
order.
a. (1) The raw milk producer shall post the summary of the
test to determine the coliform count and standard plate count
of the dairy animals retained at the raw milk dairy as provided
in section 195.6. The summary shall be posted at the raw milk
dairy’s distribution point for the raw milk.
(2) (a) The individual being distributed the raw milk
may examine records required to be retained by the raw milk
producer as provided in section 195.6, including any of the
following:
(i) The coliform count and standard plate count of dairy
animals maintained at a raw milk dairy owned or operated by the
raw milk producer.
(ii) The administration of antibiotic drugs to dairy
animals maintained at a raw milk dairy owned or operated by the
raw milk producer.
-8- (b) The individual being distributed the raw milk may
examine the records for the three-year period that the records
are required to be retained by the raw milk producer under
section 195.6.
b. If the raw milk producer distributes raw milk in a
container, the container shall be labeled as provided in
section 195.9.
c. The raw milk producer shall distribute the raw milk
directly to the individual at the raw milk dairy or to a
location specified by the individual. However, a person shall
not deliver the raw milk to a place of business where food or
food items are distributed on a retail basis, including but
not limited to a home food processing establishment regulated
under chapter 137D or a food establishment or farmers market
regulated under chapter 137F. The raw milk shall only be used
for consumption by the individual, members of the individual’s
household, and the individual’s nonpaying guests or nonpaying
employees.
d. A person shall not resell raw milk.
2. A raw milk producer shall only take an order for the
distribution of a raw milk product or raw milk dairy product
at the raw milk producer’s raw milk dairy where the raw milk
product or raw milk dairy product is manufactured. The raw
milk producer shall only distribute the raw milk product or raw
milk dairy product to an individual placing the order. The raw
milk producer may distribute the raw milk product or raw milk
dairy product to the individual without charge or on a retail
basis.
a. (1) The raw milk producer shall post the summary of the
most recent test to determine the coliform count and standard
plate count of dairy animals as retained at the raw milk dairy
as provided in section 195.6. The summary shall be posted
at the raw milk dairy’s distribution point for the raw milk
products or raw milk dairy products.
(2) (a) The individual being distributed the raw milk
-9-product or raw milk dairy product may examine records required
to be retained by the raw milk producer as provided in section
195.6, including any of the following:
(i) The coliform count and standard plate count of dairy
animals maintained at a raw milk dairy owned or operated by the
raw milk producer.
(ii) The administration of antibiotic drugs to dairy
animals maintained at a raw milk dairy owned or operated by the
raw milk producer.
(b) The individual being distributed the raw milk product
or raw milk dairy product may examine the records for the
three-year period that the records are required to be retained
by the raw milk producer under section 195.6.
b. If the raw milk producer distributes a raw milk product
or raw milk dairy product in a container, the container shall
be labeled as provided in section 195.9.
c. The raw milk producer shall distribute the raw milk
product or raw milk dairy product directly to the individual
at the raw milk dairy or to a location specified by the
individual. However, a person shall not deliver the raw milk
product or raw milk dairy product to a place of business where
food or a food item is distributed on a retail basis, including
but not limited to a home food processing establishment
regulated under chapter 137D or a food establishment or farmers
market regulated under chapter 137F. The raw milk product or
raw milk dairy product shall only be used for consumption by
the individual, members of the individual’s household, or the
individual’s nonpaying guests or nonpaying employees.
d. A person shall not resell the raw milk product or raw
milk dairy product.
Sec. 21. NEW SECTION. 195.9 Labeling containers holding
raw milk or associated products.
1. A raw milk producer who distributes raw milk, or a
manufactured raw milk product or raw milk dairy product, shall
label the container holding the raw milk, or the manufactured
-10-raw milk product or raw milk dairy product. The label shall
be permanently affixed to the container. The words on the
label shall be printed using upper case letters in at least
twelve point boldface type. If the container includes a main
informational or advertising panel, the label shall be part of
the panel.
2. a. For a container holding raw milk, the label shall
state the following:
Notice to Consumers
This container holds raw milk that is not subject to state
inspection or other public health regulations that require
pasteurization and grading.
b. For a container holding a raw milk product or raw milk
dairy product, the label shall state the following:
Notice to Consumers
This container holds a raw milk product or raw milk dairy
product that is not subject to state inspection or other public
health regulations that require pasteurization and grading.
Sec. 22. NEW SECTION. 195.10 Enforcement actions.
1. The department of health and human services acting under
chapter 135, or a local board of health acting under chapter
137, may demand that a raw milk producer provide it with
all records required to be kept by the raw milk producer as
provided in section 195.6, including any of the following:
a. The coliform count and standard plate count of dairy
animals maintained by the raw dairy producer at a raw milk
dairy.
b. The administration of antibiotic drugs to dairy animals
maintained by the dairy producer at a raw milk dairy.
2. A demand described in subsection 1 shall be based on an
affidavit signed by a licensed physician certifying that in
the physician’s opinion an individual contracted an illness as
a direct result of consuming raw milk produced at a raw milk
dairy, or consuming a raw milk product or a raw milk dairy
product manufactured at a raw milk dairy.
-11-______________________________
AMY SINCLAIRPresident of the Senate______________________________
PAT GRASSLEYSpeaker of the House I hereby certify that this bill originated in the Senate and is known as Senate File 315, Ninetieth General Assembly.______________________________
W. CHARLES SMITHSONSecretary of the SenateApproved _______________, 2023______________________________
KIM REYNOLDSGovernorda/ns/mb
of raw milk at certain dairies, the manufacture of products
using raw milk, and the labeling and distribution of raw
milk and manufactured products, and making penalties
applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. NEW SECTION. 135.16B Raw milk — associated
products.
The department of health and human services may demand that
a raw milk producer provide the department with all records
required to be retained by the raw milk producer as provided in
section 195.6, including any of the following:
1. The coliform count and standard plate count of dairy
animals maintained at a raw milk dairy owned or operated by the
raw milk producer.
2. The administration of antibiotic drugs to dairy animals
maintained at a raw milk dairy owned or operated by the raw
milk producer.
Sec. 2. Section 137.104, subsection 2, Code 2023, is amended
by adding the following new paragraph:
NEW PARAGRAPH. e. Demand that a raw milk producer provide
the board with all records required to be retained by the raw
milk producer as provided in section 195.6, including any of
the following:
(1) The coliform count and standard plate count of dairy
animals maintained at a raw milk dairy owned or operated by the
raw milk producer.
(2) The administration of antibiotic drugs to dairy animals
maintained at a raw milk dairy owned or operated by the raw
milk producer.
Sec. 3. NEW SECTION. 137D.2A Raw milk — associated
products.
A home food processing establishment shall not advertise
for sale, offer for sale, sell or otherwise distribute, or use
raw milk, or a manufactured raw milk product or raw milk dairy
product, as provided in chapter 195.
Sec. 4. Section 137F.1, subsection 9, Code 2023, is amended
by adding the following new paragraph:
NEW PARAGRAPH. o. (1) The premises of a raw milk dairy
where raw milk is produced, processed, labeled, marketed, or
distributed by a raw milk producer in compliance with chapter
-1-195.
(2) The premises of a raw milk dairy where a raw milk
product or a raw milk dairy product is manufactured, labeled,
marketed, or distributed by a raw milk producer in compliance
with chapter 195.
Sec. 5. Section 137F.1, subsection 10, Code 2023, is amended
by adding the following new paragraph:
NEW PARAGRAPH. d. (1) The premises of a raw milk dairy
where raw milk is produced, processed, labeled, marketed, or
distributed by a raw milk producer in compliance with chapter
195.
(2) A premises of a raw milk dairy where a raw milk product
or raw milk dairy product is manufactured, labeled, marketed,
or distributed by a raw milk producer in compliance with
chapter 195.
Sec. 6. NEW SECTION. 137F.8B Raw milk — associated
products.
A food establishment or farmers market shall not advertise
for sale, offer for sale, sell or otherwise distribute, or use
raw milk, or a manufactured raw milk product or a raw milk
dairy product, regardless of whether the food establishment
or farmers market is regulated by the department under
this chapter or another chapter, another state agency, or a
municipality.
Sec. 7. Section 159.6, subsection 6, Code 2023, is amended
to read as follows:
6. Regulation and inspection of foods, drugs, and other
articles, as provided in Title V, subtitle 4, but. However,
chapter 205 of that subtitle shall be enforced as provided in
that chapter. Except as expressly authorized in subtitle 4,
the department shall not regulate any of the following:
a. The production, processing, labeling, marketing, or
distribution of raw milk by a raw milk producer in compliance
with chapter 195.
b. The manufacture, labeling, marketing, or distribution
-2-of a raw milk product or raw milk dairy product by a raw milk
producer in compliance with chapter 195.
Sec. 8. Section 190.2, Code 2023, is amended by adding the
following new subsection:
NEW SUBSECTION. 3. This section does not apply to any of
the following:
a. The production, processing, labeling, marketing, or
distribution of raw milk by a raw milk producer in compliance
with chapter 195.
b. The manufacture, labeling, marketing, or distribution
of a raw milk product or raw milk dairy product by a raw milk
producer in compliance with chapter 195.
Sec. 9. Section 191.2, subsection 5, unnumbered paragraph
1, Code 2023, is amended to read as follows:
All bottles, containers, and packages 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:
Sec. 10. Section 191.2, Code 2023, is amended by adding the
following new subsection:
NEW SUBSECTION. 5A. Raw milk and associated products. A
container holding raw milk, or a manufactured raw milk product
or a raw milk dairy product, distributed by a raw milk producer
shall be labeled as required in section 195.9.
Sec. 11. Section 192.103, subsections 1 and 2, Code 2023,
are amended to read as follows:
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. However,
in except as follows:
a. Inan emergency, the sale of pasteurized milk and milk
products which that 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”.
b. A raw milk producer may distribute raw milk, or a
-3-manufactured raw milk product or raw milk dairy product, in
compliance with chapter 195.
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. However, 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”.
Sec. 12. NEW SECTION. 194.22 Raw milk dairies — exception.
This chapter does not apply to any of the following:
1. The production, processing, marketing, and distribution
of raw milk, if the raw milk is produced by a raw milk producer
at a raw milk dairy as provided in chapter 195.
2. The manufacture, marketing, and distribution of a
raw milk product or raw milk dairy product, if the raw milk
product or raw milk dairy product is manufactured by a raw milk
producer at a raw milk dairy as provided in chapter 195.
Sec. 13. NEW SECTION. 195.1 Definitions.
As used in this chapter, unless the context otherwise
requires:
1. “Dairy animal” means a cow, goat, or sheep that is
actively producing milk.
2. “Department” means the department of agriculture and land
stewardship.
3. “Distribute” means to transfer an item or offer to
transfer an item to another person, either free of charge or by
sale or exchange.
4. “Milk” means the lacteal secretion of a dairy animal.
5. “Raw milk” means milk that is not pasteurized or graded
as otherwise required in chapters 190, 192, and 194.
6. “Raw milk dairy” means an operation, owned or operated by
a raw milk producer, where not more than ten dairy animals are
maintained to actively produce milk at any one time.
-4- 7. “Raw milk dairy product” means a product, other than a
milk product, manufactured using milk or a milk product as the
primary ingredient, and that includes any quantity of raw milk.
8. “Raw milk producer” means a milk producer who owns or
operates a raw milk dairy, if the milk producer makes the
election provided in section 195.5.
9. “Raw milk product” means a product manufactured using
milk as its exclusive ingredient as described in 21 C.F.R.
§1240.3 and that includes any quantity of raw milk.
10. “Recognized bacteria count limit” means the results of a
test measuring the presence of bacteria in raw milk at a level
that does not exceed the following:
a. For a bacteria coliform count, ten colony forming units
per milliliter (10 cfu/mL).
b. For a standard plate count, twenty-five thousand colony
forming units per milliliter (25,000 cfu/mL).
Sec. 14. NEW SECTION. 195.2 Construing this chapter with
other applicable chapters.
1. This chapter shall be construed to supplement applicable
provisions in chapters 190, 191, 192, and 194. If there is a
conflict between a provision in this chapter and one of those
other chapters, the provision in this chapter shall prevail
but only to the extent of interpreting the provision in this
chapter.
2. This chapter does not apply to the powers and duties of
the department to control an infectious or contagious disease
that may affect dairy animals within the state as provided in
another chapter, including a rule adopted pursuant to that
other chapter. The control of an infectious or contagious
disease includes the prevention, suppression, or eradication
of an infectious or contagious disease among a population of
dairy animals as provided in that other chapter. However, the
department shall not administer or enforce a provision of the
other chapter if it results in treating a raw milk producer
differently than producers of milk pasteurized or graded as
-5-otherwise required in chapter 190, 192, or 194.
Sec. 15. NEW SECTION. 195.3 Exclusions.
This chapter does not apply to a bulk milk tanker, milk
grader, milk hauler, milk plant, milk processing plant, dairy
plant, transfer station, or receiving station.
Sec. 16. NEW SECTION. 195.4 Rulemaking prohibited.
The department shall not adopt rules to administer or
enforce this chapter.
Sec. 17. NEW SECTION. 195.5 General — election by raw milk
producer.
A raw milk producer may elect to produce, process, market, or
distribute raw milk at the raw milk producer’s raw milk dairy
in compliance with this chapter. A raw milk producer may also
elect to use the raw milk to manufacture, market, or distribute
a raw milk product or raw milk dairy product at the raw milk
producer’s raw milk dairy in compliance with this chapter.
Sec. 18. NEW SECTION. 195.6 Production of raw milk.
If a raw milk producer makes an election described in section
195.5 to produce raw milk, all of the following apply:
1. The raw milk must be produced exclusively from dairy
animals maintained at the raw milk dairy.
2. The raw milk must be produced at the raw milk dairy in a
manner that ensures the health and safety of persons consuming
the raw milk.
3. Each twelve-month period, a licensed veterinarian must
examine each dairy animal maintained at the raw milk producer’s
raw milk dairy to determine the dairy animal’s health status.
The examination must at least include a blood test for common
diseases afflicting the type of dairy animal being examined.
4. a. The raw milk producer shall, every month, test
each dairy animal maintained at the raw milk producer’s raw
milk dairy to determine the dairy animal’s coliform count and
standard plate count.
b. The raw milk producer shall not do any of the following:
(1) Process, market, or distribute raw milk, if the raw milk
-6-exceeds the recognized bacteria count limit.
(2) Manufacture, market, or distribute a raw milk product
or raw milk dairy product, if raw milk used as an ingredient
exceeds the recognized bacteria count limit.
c. The raw milk producer shall retain a record of each test
conducted at the raw milk dairy for at least three years.
5. a. If a dairy animal maintained at a raw milk dairy is
administered with an antibiotic drug, the raw milk producer
shall comply with the following health protocols:
(1) The antibiotic drug must be all of the following:
(a) Approved by the United States food and drug
administration for its intended use.
(b) Stored in a closed, labeled container as provided by the
manufacturer of the antibiotic drug before being administered.
(c) Stored and administered as directed by the manufacturer
of the antibiotic drug.
(2) For a dairy animal subject to a health protocol as
provided in subparagraph (1), any raw milk produced from the
dairy animal before the expiration of the production waiting
period as directed by the manufacturer shall not be used to do
any of the following:
(a) Process, market, or distribute the raw milk.
(b) Manufacture, market, or distribute a raw milk product or
raw milk dairy product that uses the raw milk as an ingredient.
b. The manufacturer of an antibiotic drug administered to
a dairy animal under this subsection may provide directions
on the label of the container storing the antibiotic drug or
other source of information regarding the use of the antibiotic
controlled by the manufacturer.
c. The raw milk producer shall retain records identifying
the type and dosage of each antibiotic drug administered to
a dairy animal maintained at the raw milk dairy, each dairy
animal administered the antibiotic drug, and date and place
where the antibiotic drug was administered. The raw milk
producer shall retain the records for at least three years.
-7- Sec. 19. NEW SECTION. 195.7 Processing and manufacturing
of raw milk.
1. Raw milk produced at a raw milk dairy must be processed
and manufactured at the raw milk dairy in a manner that ensures
the health and safety of persons consuming the processed raw
milk, raw milk product, or raw milk dairy product.
2. The raw milk must not be pasteurized or graded.
3. The raw milk must be distributed not later than seven
calendar days after it was produced by a dairy animal.
4. The raw milk, raw milk product, or raw milk dairy
product, or any other item using raw milk as an ingredient,
shall be kept for storage prior to distribution at not more
than 45 degrees Fahrenheit.
Sec. 20. NEW SECTION. 195.8 Distribution of raw milk or
associated products.
1. A raw milk producer shall only take an order for the
distribution of raw milk at the raw milk producer’s raw milk
dairy where the raw milk is produced. The raw milk producer
shall only distribute the raw milk to an individual placing the
order.
a. (1) The raw milk producer shall post the summary of the
test to determine the coliform count and standard plate count
of the dairy animals retained at the raw milk dairy as provided
in section 195.6. The summary shall be posted at the raw milk
dairy’s distribution point for the raw milk.
(2) (a) The individual being distributed the raw milk
may examine records required to be retained by the raw milk
producer as provided in section 195.6, including any of the
following:
(i) The coliform count and standard plate count of dairy
animals maintained at a raw milk dairy owned or operated by the
raw milk producer.
(ii) The administration of antibiotic drugs to dairy
animals maintained at a raw milk dairy owned or operated by the
raw milk producer.
-8- (b) The individual being distributed the raw milk may
examine the records for the three-year period that the records
are required to be retained by the raw milk producer under
section 195.6.
b. If the raw milk producer distributes raw milk in a
container, the container shall be labeled as provided in
section 195.9.
c. The raw milk producer shall distribute the raw milk
directly to the individual at the raw milk dairy or to a
location specified by the individual. However, a person shall
not deliver the raw milk to a place of business where food or
food items are distributed on a retail basis, including but
not limited to a home food processing establishment regulated
under chapter 137D or a food establishment or farmers market
regulated under chapter 137F. The raw milk shall only be used
for consumption by the individual, members of the individual’s
household, and the individual’s nonpaying guests or nonpaying
employees.
d. A person shall not resell raw milk.
2. A raw milk producer shall only take an order for the
distribution of a raw milk product or raw milk dairy product
at the raw milk producer’s raw milk dairy where the raw milk
product or raw milk dairy product is manufactured. The raw
milk producer shall only distribute the raw milk product or raw
milk dairy product to an individual placing the order. The raw
milk producer may distribute the raw milk product or raw milk
dairy product to the individual without charge or on a retail
basis.
a. (1) The raw milk producer shall post the summary of the
most recent test to determine the coliform count and standard
plate count of dairy animals as retained at the raw milk dairy
as provided in section 195.6. The summary shall be posted
at the raw milk dairy’s distribution point for the raw milk
products or raw milk dairy products.
(2) (a) The individual being distributed the raw milk
-9-product or raw milk dairy product may examine records required
to be retained by the raw milk producer as provided in section
195.6, including any of the following:
(i) The coliform count and standard plate count of dairy
animals maintained at a raw milk dairy owned or operated by the
raw milk producer.
(ii) The administration of antibiotic drugs to dairy
animals maintained at a raw milk dairy owned or operated by the
raw milk producer.
(b) The individual being distributed the raw milk product
or raw milk dairy product may examine the records for the
three-year period that the records are required to be retained
by the raw milk producer under section 195.6.
b. If the raw milk producer distributes a raw milk product
or raw milk dairy product in a container, the container shall
be labeled as provided in section 195.9.
c. The raw milk producer shall distribute the raw milk
product or raw milk dairy product directly to the individual
at the raw milk dairy or to a location specified by the
individual. However, a person shall not deliver the raw milk
product or raw milk dairy product to a place of business where
food or a food item is distributed on a retail basis, including
but not limited to a home food processing establishment
regulated under chapter 137D or a food establishment or farmers
market regulated under chapter 137F. The raw milk product or
raw milk dairy product shall only be used for consumption by
the individual, members of the individual’s household, or the
individual’s nonpaying guests or nonpaying employees.
d. A person shall not resell the raw milk product or raw
milk dairy product.
Sec. 21. NEW SECTION. 195.9 Labeling containers holding
raw milk or associated products.
1. A raw milk producer who distributes raw milk, or a
manufactured raw milk product or raw milk dairy product, shall
label the container holding the raw milk, or the manufactured
-10-raw milk product or raw milk dairy product. The label shall
be permanently affixed to the container. The words on the
label shall be printed using upper case letters in at least
twelve point boldface type. If the container includes a main
informational or advertising panel, the label shall be part of
the panel.
2. a. For a container holding raw milk, the label shall
state the following:
Notice to Consumers
This container holds raw milk that is not subject to state
inspection or other public health regulations that require
pasteurization and grading.
b. For a container holding a raw milk product or raw milk
dairy product, the label shall state the following:
Notice to Consumers
This container holds a raw milk product or raw milk dairy
product that is not subject to state inspection or other public
health regulations that require pasteurization and grading.
Sec. 22. NEW SECTION. 195.10 Enforcement actions.
1. The department of health and human services acting under
chapter 135, or a local board of health acting under chapter
137, may demand that a raw milk producer provide it with
all records required to be kept by the raw milk producer as
provided in section 195.6, including any of the following:
a. The coliform count and standard plate count of dairy
animals maintained by the raw dairy producer at a raw milk
dairy.
b. The administration of antibiotic drugs to dairy animals
maintained by the dairy producer at a raw milk dairy.
2. A demand described in subsection 1 shall be based on an
affidavit signed by a licensed physician certifying that in
the physician’s opinion an individual contracted an illness as
a direct result of consuming raw milk produced at a raw milk
dairy, or consuming a raw milk product or a raw milk dairy
product manufactured at a raw milk dairy.
-11-______________________________
AMY SINCLAIRPresident of the Senate______________________________
PAT GRASSLEYSpeaker of the House I hereby certify that this bill originated in the Senate and is known as Senate File 315, Ninetieth General Assembly.______________________________
W. CHARLES SMITHSONSecretary of the SenateApproved _______________, 2023______________________________
KIM REYNOLDSGovernorda/ns/mb