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PAG LIN 1 1 Section 1. NEW SECTION. 192.101A DEFINITIONS. 1 2 As used in this chapter, all terms shall have the same 1 3 meaning as defined in the "Grade A Pasteurized Milk Ordinance, 1 4 1993 Revision". However, notwithstanding the ordinance, the 1 5 following definitions shall apply: 1 6 1. "Bulk milk tanker" means a mobile bulk container used 1 7 to transport milk or fluid milk products from a dairy farm to 1 8 a milk plant or from a milk plant to another milk plant, 1 9 including an over-the-road semitanker or a tanker that is 1 10 permanently mounted on a motor vehicle. 1 11 2. "Milk grader" means a person, including dairy industry 1 12 milk intake personnel, other than a milk hauler, who collects 1 13 a milk sample from a bulk tank or a bulk milk tanker. 1 14 3. "Milk hauler" means a person who transports raw milk or 1 15 raw milk products to or from a milk plant, receiving station, 1 16 or transfer station, including a dairy industry milk field 1 17 person. 1 18 Sec. 2. Section 192.104, Code 1997, is amended to read as 1 19 follows: 1 20 192.104 COLORING REJECTED MILK. 1 21It shall be the duty of theA milk hauler orcreama milk 1 22 graderto thoroughlymay mixwith all rejected milk or cream,1 23 a harmless coloring matteras willin rejected milk to prevent 1 24all suchthe rejected milk from being offered for sale. 1 25 Sec. 3. Section 192.108, Code 1997, is amended to read as 1 26 follows: 1 27 192.108 ADMINISTRATION OF THE CHAPTER – INSPECTIONS 1 28 REQUIRED. 1 29 The department shall administer this chapter and rules 1 30 adopted pursuant to this chapter. The department is 1 31 responsible for the inspection of a dairy farm, milk plant, 1 32 transfer station, or receiving station to ensure compliance 1 33 with this chapter and chapters 190 and 191.Whenever1 34practical, theThe department shall enter into an inspection 1 35 contract with a person qualified to perform inspection 2 1 services if the agreement for the services is cost-effective 2 2 and the quality of inspection ensures compliance with state 2 3 and federal law. A person entering into an inspection 2 4 contract with the department for the purpose of inspecting 2 5 premises, taking samples, or testing samples, shall be deemed 2 6 to be an agent of the department, and shall have the same 2 7 authority under this chapter provided to the department, 2 8 unless the contract specifies otherwise. The department shall 2 9 review inspection services performed by a person under an 2 10 inspection contract to ensure quality cost-effective 2 11 inspections. If a person is acting in a manner which is 2 12 inconsistent with the provisions of the applicable chapter or 2 13 contract, the department may revoke the inspection contract 2 14 after notice and hearing, in the manner described for permit 2 15 revocation in section 192.107 and perform such acts as are 2 16 necessary to enforce this chapter. Except as provided in this 2 17 chapter or chapter 194, a person shall not charge a milk 2 18 plant, receiving station, or transfer station a fee for 2 19 inspection relating to milk or milk products. 2 20 Sec. 4. Section 192.110, subsection 1, Code 1997, is 2 21 amended to read as follows: 2 22 1. The person has a pasteurized milk and milk products 2 23 sanitation compliance rating of ninety percent or more as 2 24 calculated according to the rating system as contained in the 2 25 federal public health service publications, "Procedures 2 26 Governing the Cooperative State-Public Health Service/Food and 2 27 Drug Administration Program for Certification of Interstate 2 28 Milk Shippers19891995" and "Method of Making Sanitation 2 29 Ratings of Milk Supplies,19871995 Revision". The applicable 2 30 provisions of these publications are incorporated into this 2 31 section by this reference. A copy of each publication shall 2 32 be on file with the department or in the office of the person 2 33 subject to an inspection contract as provided in section 2 34 192.108. 2 35 Sec. 5. Section 192.111, Code 1997, is amended to read as 3 1 follows: 3 2 192.111 INSPECTION FEES – DEPOSIT IN GENERAL FUND – 3 3 APPROPRIATION. 3 4 1. Except as otherwise provided in this section,aall of 3 5 the following shall apply: 3 6 a. The following persons must receive a permit or license 3 7 from the department and pay the following fees: 3 8 (1) A milk plant which is not a receiving stationshall3 9 must obtain a permit and payan inspectiona permit fee not 3 10 greater than one thousand dollars per year. 3 11 (2) A transfer stationshallmust obtain a permit and pay 3 12an inspectiona permit fee not greater than two hundred 3 13 dollars per year. 3 14 (3) A receiving station which is not a milk plant must 3 15 obtain a permit and pay a permit fee of not greater than two 3 16 hundred dollars per year. 3 17 (4) A milk haulershallmust obtain a license and payan3 18inspectiona license fee not greater thantwenty-fiveten 3 19 dollars per year. 3 20 (5) A milk grader must obtain a license and pay a license 3 21 fee of not greater than ten dollars per year. 3 22 b. Each bulk milk tanker shall be licensed by the 3 23 department and pay a license fee not greater than twenty-five 3 24 dollars per year. However, a license fee shall not be 3 25 required for a vehicle used for the collection of milk for 3 26 manufacturing dairy products which has paid a license fee for 3 27 the same period pursuant to section 194.19. 3 28 The secretary shallfixestablish the fees provided in this 3 29 subsection annually. The fees shall be paid on July 1 of each 3 30 year. 3 31 2. A purchaser of milk from a grade "A" milk producer 3 32 shall pay an inspection fee not greater than one point five 3 33 cents per hundredweight. The fee shall be payable monthly to 3 34 thesecretarydepartment in a manner prescribed by the 3 35 secretary. 4 1 3. a. Fees collected under this section and sections 4 2 192.133, 194.14, 194.19, and 194.20, and 195.9shall be 4 3 deposited in the general fund of the state. All moneys 4 4 deposited under this section are appropriated to the 4 5 department for the costs of inspection, sampling, analysis, 4 6 and other expenses necessary for the administration of this 4 7 chapter andchapterschapter 194and 195, and shall be subject 4 8 to the requirements of section 8.60. 4 9 b. In each fiscal year, the secretary shall calculate the 4 10 balance of funds deposited under this section by subtracting 4 11 all moneys expended for the costs of inspection, sampling, 4 12 analysis and other expenses necessary for the administration 4 13 of this chapter andchapterschapter 194and 195. If the 4 14 calculation shows a balance of funds deposited under this 4 15 section on June 30 of any fiscal year equal to or exceeding 4 16 one hundred fifty thousand dollars, the secretary shall reduce 4 17 the fees provided for in subsection 2 of this section and 4 18 section 194.20 for the next fiscal year in an amount which 4 19 will result in an ending estimated balance of such funds for 4 20 June 30 of the next fiscal year of one hundred fifty thousand 4 21 dollars. 4 22 Sec. 6. NEW SECTION. 192.112 REGULATION – MILK HAULERS, 4 23 MILK GRADERS, AND BULK MILK TANKERS. 4 24 1. The department shall adopt rules pursuant to chapter 4 25 17A which provide for licensing milk haulers, milk graders, 4 26 and bulk milk tankers as provided in section 192.111. The 4 27 department shall establish standards of operation for milk 4 28 haulers, milk graders, and bulk milk tankers. The standards 4 29 shall include, but need not be limited to, all of the 4 30 following: 4 31 a. The construction of bulk milk tankers. 4 32 b. The cleaning, maintenance, and sanitization of bulk 4 33 milk tankers. 4 34 c. Recordkeeping relating to the use and cleaning of bulk 4 35 milk tankers. 5 1 d. Supplies needed to perform the duties of milk hauling 5 2 and milk grading. 5 3 e. Proper milk hauling and milk grading procedures, 5 4 including but not limited to sanitation, the examination and 5 5 measurement of milk, the handling of milk, and the taking and 5 6 handling of milk samples. 5 7 f. Recordkeeping required for milk haulers and milk 5 8 graders. 5 9 g. Ongoing training requirements, if any, for milk haulers 5 10 and milk graders. 5 11 Sec. 7. NEW SECTION. 192.113 PENALTIES. 5 12 1. a. A person shall not act as a milk hauler unless the 5 13 person is licensed as a milk hauler pursuant to section 5 14 192.111. A person shall not solicit another person to act as 5 15 a milk hauler or procure or obtain the services of a person to 5 16 act as a milk hauler unless the person solicited or from whom 5 17 the services are procured or obtained is licensed as a milk 5 18 hauler pursuant to section 192.11. 5 19 b. A person shall not act as a milk grader unless the 5 20 person is licensed as a milk grader pursuant to section 5 21 192.111. A person shall not solicit another person to act as 5 22 a milk grader or procure or obtain the services of a person to 5 23 act as a milk grader, unless the person solicited or from whom 5 24 the services are procured or obtained is licensed as a milk 5 25 grader pursuant to section 192.11. 5 26 c. A person shall not operate a bulk milk tanker unless 5 27 the bulk milk tanker is licensed pursuant to section 192.111. 5 28 A person shall not solicit another person to operate a bulk 5 29 milk tanker or procure or obtain the services of a person to 5 30 operate a bulk milk tanker, unless the bulk milk tanker is 5 31 licensed pursuant to section 192.11. 5 32 2. A person who violates this section is subject to a 5 33 civil penalty of at least one hundred dollars but not more 5 34 than one thousand dollars for each violation. Each day that a 5 35 violation continues shall constitute a new violation. 6 1 However, a person shall not be subject to a civil penalty of 6 2 more than ten thousand dollars for a continuing violation. 6 3 Civil penalties shall be deposited in the general fund of the 6 4 state. 6 5 Sec. 8. Section 192.118, Code 1997, is amended to read as 6 6 follows: 6 7 192.118 CERTIFIED LABORATORIES. 6 8 To insure uniformity in the tests and reporting, an 6 9 employee certified by the United States public health service 6 10 of the bacteriological laboratory of the department shall 6 11 annually certify, in accordance with the United States food 6 12 and drug administration publication "Evaluation of Milk 6 13 Laboratories" (19851995 revision), all laboratories doing 6 14 work in the sanitary quality of milk and dairy products for 6 15 public report. The approval by the department shall be based 6 16 on the evaluation of these laboratories as to personnel 6 17 training, laboratory methods used, and reporting. The results 6 18 on tests made by approved laboratories shall be reported to 6 19 the department on request, on forms prescribed by the 6 20 secretary of agriculture, and such reports may be used by the 6 21 department. 6 22 The department shall annually certify, in accordance with 6 23 the United States food and drug administration publication 6 24 "Evaluation of Milk Laboratories" (19851995 revision), every 6 25 laboratory in the state doing work in the sanitary quality of 6 26 milk and dairy products for public report. The certifying 6 27 officer may enter any such place at any reasonable hour to 6 28 make the survey. The management of the laboratory shall 6 29 afford free access to every part of the premises and render 6 30 all aid and assistance necessary to enable the certifying 6 31 officer to make a thorough and complete examination. 6 32 Sec. 9. Section 194.18, Code 1997, is amended to read as 6 33 follows: 6 34 194.18 COLORING UNLAWFUL MILK. 6 35It shall be the duty of each licensedA milk hauler or milk 7 1 graderof milk tolicensed pursuant to section 192.112 may mix 7 2with any unlawful milk, whenever observed by the grader,a 7 3 harmless coloring matterthat willin unlawful milk as 7 4 provided in section 194.9 to prevent the unlawful milkto be7 5 from being processed and used in any form for human 7 6 consumption. 7 7 Sec. 10. Chapters 193 and 195, Code 1997, are repealed. 7 8 EXPLANATION 7 9 This bill amends Code sections regulating the milk 7 10 industry, including the collection, transportation, and 7 11 grading of milk. The bill regulates three different entities, 7 12 including a bulk milk tanker which is used to transport milk 7 13 or fluid milk products, a milk grader who collects milk 7 14 samples, and a milk hauler who transports raw milk or raw milk 7 15 products. The bill provides that a milk hauler or a milk 7 16 grader may color contaminated milk. It removes discretion 7 17 from the department of agriculture and land stewardship in 7 18 contracting for inspection services, and it updates references 7 19 to publications used in inspecting and testing milk and 7 20 facilities. The bill amends provisions relating to licensing 7 21 and permitting for persons involved in the industry, including 7 22 the imposition of fees. The bill provides for the regulation 7 23 of milk haulers, milk graders, and bulk milk tankers required 7 24 to be licensed under the bill, by authorizing the department 7 25 to adopt rules providing for licensing of such persons and 7 26 establishing standards of operation. The bill establishes 7 27 penalties for persons who act as milk haulers or milk graders 7 28 or who operate bulk milk tankers in violation of the bill. 7 29 The bill establishes penalties for persons who solicit an 7 30 unlicensed person to act as a milk hauler or milk grader or 7 31 who operate a bulk milk tanker. A person violating the bill 7 32 is subject to a civil penalty of at least $100 but not more 7 33 than $1,000 for a violation. A person is not subject to more 7 34 than $10,000 for a continuing violation. The bill repeals 7 35 chapters regulating butter production and cream grading. 8 1 LSB 2463SC 77 8 2 da/cf/24
Text: SSB00233 Text: SSB00235 Text: SSB00200 - SSB00299 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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