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PAG LIN 1 1 SENATE FILE 451 1 2 1 3 AN ACT 1 4 RELATING TO MILK AND MILK PRODUCTS, PROVIDING FOR THE 1 5 ISSUANCE OF LICENSES AND PERMITS, FEES, AND PROVIDING 1 6 PENALTIES. 1 7 1 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 9 1 10 Section 1. NEW SECTION. 192.101A DEFINITIONS. 1 11 As used in this chapter, all terms shall have the same 1 12 meaning as defined in the "Grade A Pasteurized Milk Ordinance, 1 13 1995 Revision". However, notwithstanding the ordinance, the 1 14 following definitions shall apply: 1 15 1. "Bulk milk tanker" means a mobile bulk container used 1 16 to transport milk or fluid milk products from a dairy farm to 1 17 a milk plant or from a milk plant to another milk plant, 1 18 including an over-the-road semitanker or a tanker that is 1 19 permanently mounted on a motor vehicle. 1 20 2. "Milk grader" means a person, including dairy industry 1 21 milk intake personnel, other than a milk hauler, who collects 1 22 a milk sample from a bulk tank or a bulk milk tanker. 1 23 3. "Milk hauler" means a person who takes farm samples or 1 24 transports raw milk or raw milk products to or from a milk 1 25 plant, receiving station, or transfer station, including a 1 26 dairy industry milk field person. However, a milk hauler does 1 27 not include a person who drives a bulk milk tanker, if the 1 28 person does not take a milk sample or handle raw milk or raw 1 29 milk products. 1 30 Sec. 2. Section 192.104, Code 1997, is amended to read as 1 31 follows: 1 32 192.104 COLORING REJECTED MILK. 1 33It shall be the duty of theA milk hauler orcreama milk 1 34 graderto thoroughlymay mixwith all rejected milk or cream,1 35 a harmless coloring matteras willin rejected milk to prevent 2 1all suchthe rejected milk from being offered for sale. 2 2 Sec. 3. Section 192.108, Code 1997, is amended to read as 2 3 follows: 2 4 192.108 ADMINISTRATION OF THE CHAPTER – INSPECTIONS 2 5 REQUIRED. 2 6 The department shall administer this chapter and rules 2 7 adopted pursuant to this chapter. The department is 2 8 responsible for the inspection of a dairy farm, milk plant, 2 9 transfer station, or receiving station to ensure compliance 2 10 with this chapter and chapters 190 and 191.Whenever2 11practical, theThe departmentshallmay enter into an 2 12 inspection contract with a person qualified to perform 2 13 inspection services if the agreement for the services is cost- 2 14 effective and the quality of inspection ensures compliance 2 15 with state and federal law. A person entering into an 2 16 inspection contract with the department for the purpose of 2 17 inspecting premises, taking samples, or testing samples, shall 2 18 be deemed to be an agent of the department, and shall have the 2 19 same authority under this chapter provided to the department, 2 20 unless the contract specifies otherwise. The department shall 2 21 review inspection services performed by a person under an 2 22 inspection contract to ensure quality cost-effective 2 23 inspections. If a person is acting in a manner which is 2 24 inconsistent with the provisions of the applicable chapter or 2 25 contract, the department may revoke the inspection contract 2 26 after notice and hearing, in the manner described for permit 2 27 revocation in section 192.107 and perform such acts as are 2 28 necessary to enforce this chapter. Except as provided in this 2 29 chapter or chapter 194, a person shall not charge a milk 2 30 plant, receiving station, or transfer station a fee for 2 31 inspection relating to milk or milk products. 2 32 Sec. 4. Section 192.110, subsection 1, Code 1997, is 2 33 amended to read as follows: 2 34 1. The person has a pasteurized milk and milk products 2 35 sanitation compliance rating of ninety percent or more as 3 1 calculated according to the rating system as contained in the 3 2 federal public health service publications, "Procedures 3 3 Governing the Cooperative State-Public Health Service/Food and 3 4 Drug Administration Program for Certification of Interstate 3 5 Milk Shippers19891995" and "Method of Making Sanitation 3 6 Ratings of Milk Supplies,19871995 Revision". The applicable 3 7 provisions of these publications are incorporated into this 3 8 section by this reference. A copy of each publication shall 3 9 be on file with the department or in the office of the person 3 10 subject to an inspection contract as provided in section 3 11 192.108. 3 12 Sec. 5. Section 192.111, Code 1997, is amended to read as 3 13 follows: 3 14 192.111 INSPECTION FEES – DEPOSIT IN GENERAL FUND – 3 15 APPROPRIATION. 3 16 1. Except as otherwise provided in this section,aall of 3 17 the following shall apply: 3 18 a. The following persons must receive a permit or license 3 19 from the department and pay the following fees: 3 20 (1) A milk plant which is not a receiving stationshall3 21 must obtain a permit and payan inspectiona permit fee not 3 22 greater than one thousand dollars per year. 3 23 (2) A transfer stationshallmust obtain a permit and pay 3 24an inspectiona permit fee not greater than two hundred 3 25 dollars per year. 3 26 (3) A receiving station which is not a milk plant must 3 27 obtain a permit and pay a permit fee of not greater than two 3 28 hundred dollars per year. 3 29 (4) A milk haulershallmust obtain a license and payan3 30inspectiona license fee not greater thantwenty-fiveten 3 31 dollars per year. 3 32 (5) A milk grader must obtain a license and pay a license 3 33 fee of not greater than ten dollars per year. 3 34 b. Each bulk milk tanker shall be licensed by the 3 35 department and pay a license fee not greater than twenty-five 4 1 dollars per year. However, a license fee shall not be 4 2 required for a vehicle used for the collection of milk for 4 3 manufacturing dairy products which has paid a license fee for 4 4 the same period pursuant to section 194.19. 4 5 The secretary shallfixestablish the fees provided in this 4 6 subsection annually. The fees shall be paid on July 1 of each 4 7 year. 4 8 2. A purchaser of milk from a grade "A" milk producer 4 9 shall pay an inspection fee not greater than one point five 4 10 cents per hundredweight. The fee shall be payable monthly to 4 11 thesecretarydepartment in a manner prescribed by the 4 12 secretary. 4 13 3. a. Fees collected under this section and sections 4 14 192.133, 194.14, 194.19, and 194.20, and 195.9shall be 4 15 deposited in the general fund of the state. All moneys 4 16 deposited under this section are appropriated to the 4 17 department for the costs of inspection, sampling, analysis, 4 18 and other expenses necessary for the administration of this 4 19 chapter andchapterschapter 194and 195, and shall be subject 4 20 to the requirements of section 8.60. 4 21 b. In each fiscal year, the secretary shall calculate the 4 22 balance of funds deposited under this section by subtracting 4 23 all moneys expended for the costs of inspection, sampling, 4 24 analysis and other expenses necessary for the administration 4 25 of this chapter andchapterschapter 194and 195. If the 4 26 calculation shows a balance of funds deposited under this 4 27 section on June 30 of any fiscal year equal to or exceeding 4 28 one hundred fifty thousand dollars, the secretary shall reduce 4 29 the fees provided for in subsection 2 of this section and 4 30 section 194.20 for the next fiscal year in an amount which 4 31 will result in an ending estimated balance of such funds for 4 32 June 30 of the next fiscal year of one hundred fifty thousand 4 33 dollars. 4 34 Sec. 6. NEW SECTION. 192.112 REGULATION – MILK HAULERS, 4 35 MILK GRADERS, AND BULK MILK TANKERS. 5 1 1. The department shall adopt rules pursuant to chapter 5 2 17A which provide for licensing milk haulers, milk graders, 5 3 and bulk milk tankers as provided in section 192.111. The 5 4 department shall establish standards of operation for milk 5 5 haulers, milk graders, and bulk milk tankers. The standards 5 6 shall include, but need not be limited to, all of the 5 7 following: 5 8 a. The construction of bulk milk tankers. 5 9 b. The cleaning, maintenance, and sanitization of bulk 5 10 milk tankers. 5 11 c. Recordkeeping relating to the use and cleaning of bulk 5 12 milk tankers. 5 13 d. Supplies needed to perform the duties of milk hauling 5 14 and milk grading. 5 15 e. Proper milk hauling and milk grading procedures, 5 16 including but not limited to sanitation, the examination and 5 17 measurement of milk, the handling of milk, and the taking and 5 18 handling of milk samples. 5 19 f. Recordkeeping required for milk haulers and milk 5 20 graders. 5 21 g. Ongoing training requirements, if any, for milk haulers 5 22 and milk graders. 5 23 Sec. 7. NEW SECTION. 192.113 PENALTIES. 5 24 1. a. A person shall not act as a milk hauler unless the 5 25 person is licensed as a milk hauler pursuant to section 5 26 192.111. A person shall not solicit another person to act as 5 27 a milk hauler or procure or obtain the services of a person to 5 28 act as a milk hauler unless the person solicited or from whom 5 29 the services are procured or obtained is licensed as a milk 5 30 hauler pursuant to section 192.11. 5 31 b. A person shall not act as a milk grader unless the 5 32 person is licensed as a milk grader pursuant to section 5 33 192.111. A person shall not solicit another person to act as 5 34 a milk grader or procure or obtain the services of a person to 5 35 act as a milk grader, unless the person solicited or from whom 6 1 the services are procured or obtained is licensed as a milk 6 2 grader pursuant to section 192.11. 6 3 c. A person shall not operate a bulk milk tanker unless 6 4 the bulk milk tanker is licensed pursuant to section 192.111. 6 5 A person shall not solicit another person to operate a bulk 6 6 milk tanker or procure or obtain the services of a person to 6 7 operate a bulk milk tanker, unless the bulk milk tanker is 6 8 licensed pursuant to section 192.11. 6 9 2. A person who violates this section is subject to a 6 10 civil penalty of at least one hundred dollars but not more 6 11 than one thousand dollars for each violation. Each day that a 6 12 violation continues shall constitute a new violation. 6 13 However, a person shall not be subject to a civil penalty of 6 14 more than ten thousand dollars for a continuing violation. 6 15 Civil penalties shall be deposited in the general fund of the 6 16 state. 6 17 Sec. 8. Section 192.118, Code 1997, is amended to read as 6 18 follows: 6 19 192.118 CERTIFIED LABORATORIES. 6 20 To insure uniformity in the tests and reporting, an 6 21 employee certified by the United States public health service 6 22 of the bacteriological laboratory of the department shall 6 23 annually certify, in accordance with the United States food 6 24 and drug administration publication "Evaluation of Milk 6 25 Laboratories" (19851995 revision), all laboratories doing 6 26 work in the sanitary quality of milk and dairy products for 6 27 public report. The approval by the department shall be based 6 28 on the evaluation of these laboratories as to personnel 6 29 training, laboratory methods used, and reporting. The results 6 30 on tests made by approved laboratories shall be reported to 6 31 the department on request, on forms prescribed by the 6 32 secretary of agriculture, and such reports may be used by the 6 33 department. 6 34 The department shall annually certify, in accordance with 6 35 the United States food and drug administration publication 7 1 "Evaluation of Milk Laboratories" (19851995 revision), every 7 2 laboratory in the state doing work in the sanitary quality of 7 3 milk and dairy products for public report. The certifying 7 4 officer may enter any such place at any reasonable hour to 7 5 make the survey. The management of the laboratory shall 7 6 afford free access to every part of the premises and render 7 7 all aid and assistance necessary to enable the certifying 7 8 officer to make a thorough and complete examination. 7 9 Sec. 9. Section 194.18, Code 1997, is amended to read as 7 10 follows: 7 11 194.18 COLORING UNLAWFUL MILK. 7 12It shall be the duty of each licensedA milk hauler or milk 7 13 graderof milk tolicensed pursuant to section 192.112 may mix 7 14with any unlawful milk, whenever observed by the grader,a 7 15 harmless coloring matterthat willin unlawful milk as 7 16 provided in section 194.9 to prevent the unlawful milkto be7 17 from being processed and used in any form for human 7 18 consumption. 7 19 Sec. 10. Chapters 193 and 195, Code 1997, are repealed. 7 20 7 21 7 22 7 23 MARY E. KRAMER 7 24 President of the Senate 7 25 7 26 7 27 7 28 RON J. CORBETT 7 29 Speaker of the House 7 30 7 31 I hereby certify that this bill originated in the Senate and 7 32 is known as Senate File 451, Seventy-seventh General Assembly. 7 33 7 34 7 35 8 1 MARY PAT GUNDERSON 8 2 Secretary of the Senate 8 3 Approved , 1997 8 4 8 5 8 6 8 7 TERRY E. BRANSTAD 8 8 Governor
Text: SF00450 Text: SF00452 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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