Senate File 2309 S-5033 Amend Senate File 2309 as follows: 1 1. Page 1, before line 1 by inserting: 2 < Section 1. NEW SECTION . 137D.2A Raw milk, raw milk 3 products, and raw milk dairy products. 4 A home bakery shall not advertise for sale, offer for sale, 5 sell or otherwise distribute, or use raw milk, a raw milk 6 product, or a raw milk dairy product as provided in section 7 192.145. 8 Sec. ___. Section 137F.1, subsection 8, Code 2022, is 9 amended by adding the following new paragraph: 10 NEW PARAGRAPH . o. (1) The premises of a dairy farm 11 where raw milk is produced, processed, labeled, marketed, or 12 distributed by a milk producer in compliance with section 13 192.145. 14 (2) The premises of a dairy farm where a raw milk product or 15 a raw milk dairy product is manufactured, labeled, marketed, 16 or distributed by a milk producer in compliance with section 17 192.145. 18 Sec. ___. Section 137F.1, subsection 9, Code 2022, is 19 amended by adding the following new paragraph: 20 NEW PARAGRAPH . d. (1) The premises of a dairy farm 21 where raw milk is produced, processed, labeled, marketed, or 22 distributed in compliance with section 192.145. 23 (2) A premises of a dairy farm where a raw milk product or 24 raw milk dairy product is manufactured, labeled, marketed, or 25 distributed in compliance with section 192.145. 26 Sec. ___. NEW SECTION . 137F.8B Raw milk, raw milk products, 27 and raw milk dairy products. 28 A food establishment or farmers market shall not advertise 29 for sale, offer for sale, sell or otherwise distribute, or use 30 raw milk, a raw milk product, or a raw milk dairy product, 31 regardless of whether the food establishment or farmers market 32 is regulated by the department under this chapter or another 33 chapter, another state agency, or a municipality. > 34 2. Page 1, by striking lines 8 through 10 and inserting: 35 -1- SF 2309.3500 (2) 89 da/ns 1/ 5 #1. #2.

< a. The production, processing, labeling, marketing, and 1 distribution of raw milk by a milk producer in compliance with 2 section 192.145. > 3 3. Page 1, by striking lines 11 through 13 and inserting: 4 < b. The manufacture, labeling, marketing, and distribution 5 of a raw milk product or raw milk dairy product by a milk 6 producer in > 7 4. By striking page 2, line 34, through page 3, line 1, and 8 inserting: 9 < NEW SUBSECTION . 5A. Raw milk, raw milk products, and raw 10 milk dairy products. A container holding raw milk, a raw milk 11 product, or a raw milk dairy product sold by a milk producer 12 shall be labeled as required in > 13 5. Page 3, by striking line 4 and inserting < raw milk, raw 14 milk products, and raw milk dairy products. > 15 6. Page 3, by striking lines 5 through 10 and inserting: 16 < 1. A milk producer who sells raw milk, a raw milk product, 17 or a raw milk dairy product to an individual in compliance with 18 section 192.145 shall label the container holding the raw milk, 19 raw milk product, or raw milk dairy product. The label shall 20 be permanently affixed to the > 21 7. Page 3, line 15, by striking < unpasteurized > and 22 inserting < raw > 23 8. Page 3, line 21, by striking < milk product or > and 24 inserting < raw milk product or raw milk > 25 9. Page 3, line 24, before < dairy > by inserting < raw milk > 26 10. Page 3, line 25, by striking < includes raw milk > and 27 inserting < is > 28 11. Page 4, lines 3 and 4, by striking < sell milk or a 29 milk product > and inserting < distribute raw milk, a raw milk 30 product, or a raw milk dairy product > 31 12. Page 4, after line 27 by inserting: 32 < ___. “Milk producer” means a person who owns or operates 33 a dairy farm where raw milk is produced from one or more cows, 34 sheep, or goats. 35 -2- SF 2309.3500 (2) 89 da/ns 2/ 5 #3. #4. #5. #6. #7. #8. #9. #10. #11. #12.

___. “Raw milk” means milk that is not pasteurized or 1 graded. 2 ___. “Raw milk dairy product” means a dairy product that 3 includes raw milk or a raw milk product. 4 ___. “Raw milk product” means a milk product that includes 5 raw milk. > 6 13. Page 4, line 29, by striking < and marketing > and 7 inserting < marketing, and distribution > 8 14. By striking page 4, line 30, through page 5, line 22, 9 and inserting: 10 < 1. A milk producer may elect to process, market, or 11 distribute raw milk produced at that milk producer’s dairy 12 farm. To the extent that the milk producer makes this 13 election, all of the following apply: 14 a. A milk producer must only take an order for the 15 distribution of raw milk at the milk producer’s dairy farm 16 where the raw milk was produced. The milk producer must 17 only distribute the raw milk to the individual placing the 18 order. The milk producer may distribute the raw milk to the 19 individual without charge or on a retail basis. A person shall 20 not resell the raw milk. The milk producer must distribute 21 the raw milk directly to the individual at the dairy farm or 22 to a location specified by the individual. However, a person 23 shall not deliver the raw milk to a place of business where 24 food items are distributed on a retail basis, including but 25 not limited to a home bakery regulated under chapter 137D or a 26 food establishment or farmers market regulated under chapter 27 137F. The raw milk shall only be used for consumption by the 28 individual, members of the individual’s household, and the 29 individual’s nonpaying guests or nonpaying employees. 30 b. If the milk producer sells raw milk in a container, that 31 container shall be labeled as provided in section 191.9A. 32 2. A milk producer may elect to manufacture, market, or 33 distribute a raw milk product or raw milk dairy product at 34 that milk producer’s dairy farm. To the extent that the milk 35 -3- SF 2309.3500 (2) 89 da/ns 3/ 5 #13. #14.

producer makes this election, all of the following apply: 1 a. The raw milk product or raw milk dairy product must only 2 include raw milk produced at the milk producer’s dairy farm. 3 b. A milk producer must only take an order for the 4 distribution of a raw milk product or raw milk dairy product 5 at the milk producer’s dairy farm where the raw milk product 6 or raw milk dairy product was manufactured. The milk producer 7 must only distribute the raw milk product or raw milk dairy 8 product to the individual placing the order. The milk producer 9 may distribute the raw milk product or raw milk dairy product 10 to the individual without charge or on a retail basis. A 11 person shall not resell the raw milk product or raw milk dairy 12 product. The milk producer must distribute the raw milk 13 product or raw milk dairy product directly to the individual at 14 the dairy farm or to a location specified by the individual. 15 However, a person shall not deliver the raw milk product or 16 raw milk dairy product to a place of business where food 17 items are distributed on a retail basis, including but not 18 limited to a home bakery regulated under chapter 137D or a food 19 establishment or farmers market regulated under chapter 137F. 20 The raw milk product or raw milk dairy product shall only be 21 distributed for consumption by the individual, members of the 22 individual’s household, or the individual’s nonpaying guests 23 or nonpaying employees. 24 c. If the milk producer sells a raw milk product or raw milk 25 dairy product in a container, that container shall be labeled 26 as provided in section 191.9A. 27 3. This section does not prevent a milk producer from also 28 electing to produce and sell milk under the other applicable 29 provisions of this chapter and related provisions in chapters 30 190 and 194. This chapter does not apply to a receiving 31 station, transfer station, milk handler, milk grader, or 32 milk plant. A dairy farm is not a food establishment, food 33 processing plant, or other person regulated under chapter 137F 34 or other chapter regulating such entities. > 35 -4- SF 2309.3500 (2) 89 da/ns 4/ 5

15. Page 5, line 23, by striking < 3. > and inserting < 4. > 1 16. Page 5, line 27, after < 194. > by inserting < The 2 department shall not adopt rules to administer or enforce this 3 section. > 4 17. Page 5, line 29, by striking < and marketing > and 5 inserting < marketing, and distribution > 6 18. Page 5, by striking lines 31 and 32 and inserting: 7 < 1. The production, processing, marketing, and distribution 8 of raw milk, if the raw milk is produced by a milk producer in > 9 19. By striking page 5, line 34, through page 6, line 1, and 10 inserting: 11 < 2. The manufacture, marketing, and distribution of a raw 12 milk product or raw milk dairy product, if the raw milk product 13 or raw milk dairy product is manufactured by a milk producer in 14 compliance with section > 15 20. Title page, line 4, by striking < unpasteurized and 16 ungraded milk and > and inserting < raw milk and associated > 17 21. By renumbering, redesignating, and correcting internal 18 references as necessary. 19 ______________________________ JASON SCHULTZ -5- SF 2309.3500 (2) 89 da/ns 5/ 5 #15. #16. #17. #18. #19. #20. #21.