Senate File 2309 S-5045 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 raw milk dairy 11 where raw milk is produced, processed, labeled, marketed, or 12 distributed by a raw milk producer in compliance with section 13 192.145. 14 (2) The premises of a raw milk dairy where a raw milk 15 product or a raw milk dairy product is manufactured, labeled, 16 marketed, or distributed by a raw milk producer in compliance 17 with section 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 raw milk dairy 21 where raw milk is produced, processed, labeled, marketed, or 22 distributed by a raw milk producer in compliance with section 23 192.145. 24 (2) A premises of a raw milk dairy where a raw milk product 25 or raw milk dairy product is manufactured, labeled, marketed, 26 or distributed by a raw milk producer in compliance with 27 section 192.145. 28 Sec. ___. NEW SECTION . 137F.8B Raw milk, raw milk products, 29 and raw milk dairy products. 30 A food establishment or farmers market shall not advertise 31 for sale, offer for sale, sell or otherwise distribute, or use 32 raw milk, a raw milk product, or a raw milk dairy product, 33 regardless of whether the food establishment or farmers market 34 is regulated by the department under this chapter or another 35 -1- SF 2309.3686 (1) 89 da/ns 1/ 7 #1.

chapter, another state agency, or a municipality. > 1 2. Page 1, by striking lines 8 through 10 and inserting: 2 < a. The production, processing, labeling, marketing, or 3 distribution of raw milk by a raw milk producer in compliance 4 with section 192.145. > 5 3. Page 1, by striking lines 11 through 13 and inserting: 6 < b. The manufacture, labeling, marketing, or distribution 7 of a raw milk product or raw milk dairy product by a raw milk 8 producer in > 9 4. By striking page 2, line 34, through page 3, line 1, and 10 inserting: 11 < NEW SUBSECTION . 5A. Raw milk, raw milk products, and 12 raw milk dairy products. A container holding raw milk, a raw 13 milk product, or a raw milk dairy product sold by a raw milk 14 producer shall be labeled as required in > 15 5. Page 3, line 3, by striking < Dairy farms > and inserting 16 < Raw milk dairies > 17 6. Page 3, by striking line 4 and inserting < raw milk, raw 18 milk products, and raw milk dairy products. > 19 7. Page 3, by striking lines 5 through 10 and inserting: 20 < 1. A raw milk producer who sells raw milk, a raw milk 21 product, or a raw milk dairy product to an individual in 22 compliance with section 192.145 shall label the container 23 holding the raw milk, raw milk product, or raw milk dairy 24 product. The label shall be permanently affixed to the > 25 8. Page 3, line 15, by striking < unpasteurized > and 26 inserting < raw > 27 9. Page 3, line 21, by striking < milk product or > and 28 inserting < raw milk product or raw milk > 29 10. Page 3, line 24, before < dairy > by inserting < raw milk > 30 11. Page 3, line 25, by striking < includes raw milk > and 31 inserting < is > 32 12. Page 4, by striking lines 3 and 4 and inserting: 33 < b. A raw milk producer may sell raw milk, a raw milk 34 product, or a raw milk dairy product to an individual in 35 -2- SF 2309.3686 (1) 89 da/ns 2/ 7 #2. #3. #4. #5. #6. #7. #8. #9. #10. #11. #12.

compliance with section > 1 13. Page 4, after line 16 by inserting: 2 < 1. “Dairy animal” means a cow, goat, or sheep that is 3 actively producing milk. > 4 14. Page 4, line 17, by striking < 1. > and inserting < 2. > 5 15. Page 4, line 24, by striking < 2. > and inserting < 3. > 6 16. Page 4, after line 27 by inserting: 7 < ___. “Raw milk” means milk that is not pasteurized or 8 graded. 9 ___. “Raw milk dairy” means an operation where not more than 10 a total of ten dairy animals are maintained, and milk produced 11 from any of those animals is not pasteurized or graded. 12 ___. “Raw milk dairy product” means a dairy product that 13 includes raw milk or a raw milk product. 14 ___. “Raw milk producer” means a person who owns or operates 15 a raw milk dairy. 16 ___. “Raw milk product” means a milk product that includes 17 raw milk. > 18 17. By striking page 4, line 28, through page 5, line 27, 19 and inserting: 20 < Sec. ___. NEW SECTION . 192.145 Raw milk dairies —— 21 production, processing, marketing, and distribution. 22 1. A raw milk producer may elect to process, market, 23 or distribute raw milk produced at the raw milk producer’s 24 raw milk dairy in compliance with this section. A raw milk 25 producer may also elect to use the raw milk to manufacture, 26 market, or distribute a raw milk product or raw milk dairy 27 product at the raw milk producer’s raw milk dairy in compliance 28 with this section. If a raw milk producer makes either 29 election, all of the following apply: 30 a. The raw milk producer shall not pasteurize or grade milk 31 produced from dairy animals maintained at the raw milk dairy. 32 b. The raw milk producer shall ensure the health and safety 33 of consumers of the raw milk produced from dairy animals 34 maintained at the raw milk dairy by doing all of the following: 35 -3- SF 2309.3686 (1) 89 da/ns 3/ 7 #13. #14. #15. #16. #17.

(1) Each month, test each dairy animal to determine a 1 coliform count and standard plate count. The raw milk producer 2 shall maintain a record of each test. The raw milk producer 3 shall retain the record at the raw milk dairy for at least 4 three years. 5 (2) Each twelve-month period, employ a licensed 6 veterinarian to examine each dairy animal to determine the 7 dairy animal’s health status. The examination must at least 8 include a blood test for common diseases afflicting the type 9 of dairy animal being examined. 10 2. A raw milk producer shall only take an order for the 11 distribution of raw milk at the raw milk producer’s raw milk 12 dairy where the raw milk was produced. The raw milk producer 13 shall only distribute the raw milk to an individual placing the 14 order. The raw milk producer may distribute the raw milk to 15 the individual without charge or on a retail basis. 16 a. The raw milk producer shall post the summary of the test 17 to determine the coliform count and standard plate count of 18 the dairy animals maintained at the raw milk dairy as provided 19 in subsection 1. The summary shall be posted at the raw milk 20 dairy’s distribution point for the raw milk. The individual 21 being distributed the raw milk may examine the records for the 22 three-year period that the records are required to be retained 23 by the raw milk producer under subsection 1. 24 b. If the raw milk producer sells raw milk in a container, 25 the container shall be labeled as provided in section 191.9A. 26 c. The raw milk producer shall distribute the raw milk 27 directly to the individual at the raw milk dairy or to a 28 location specified by the individual. However, a person shall 29 not deliver the raw milk to a place of business where food 30 items are distributed on a retail basis, including but not 31 limited to a home bakery regulated under chapter 137D or a 32 food establishment or farmers market regulated under chapter 33 137F. The raw milk shall only be used for consumption by the 34 individual, members of the individual’s household, and the 35 -4- SF 2309.3686 (1) 89 da/ns 4/ 7

individual’s nonpaying guests or nonpaying employees. 1 d. A person shall not resell raw milk. 2 3. A raw milk producer shall only take an order for the 3 distribution of a raw milk product or raw milk dairy product 4 at the raw milk producer’s raw milk dairy where the raw milk 5 product or raw milk dairy product is manufactured. The raw 6 milk producer shall only distribute the raw milk product or raw 7 milk dairy product to an individual placing the order. The raw 8 milk producer may distribute the raw milk product or raw milk 9 dairy product to the individual without charge or on a retail 10 basis. 11 a. The raw milk producer shall post the summary of the most 12 recent test to determine the coliform count and standard plate 13 count of dairy animals maintained at the raw milk dairy as 14 provided in subsection 1. The summary shall be posted at the 15 raw milk dairy’s distribution point for the raw milk products 16 or raw milk dairy products. The individual being distributed 17 the raw milk product or raw milk dairy product may examine the 18 records for the three-year period that the records are required 19 to be retained by the raw milk producer under subsection 1. 20 b. If the raw milk producer sells a raw milk product or 21 raw milk dairy product in a container, the container shall be 22 labeled as provided in section 191.9A. 23 c. The raw milk producer shall distribute the raw milk 24 product or raw milk dairy product directly to the individual 25 at the raw milk dairy or to a location specified by the 26 individual. However, a person shall not deliver the raw milk 27 product or raw milk dairy product to a place of business where 28 food items are distributed on a retail basis, including but 29 not limited to a home bakery regulated under chapter 137D or a 30 food establishment or farmers market regulated under chapter 31 137F. The raw milk product or raw milk dairy product shall 32 only be used for consumption by the individual, members of the 33 individual’s household, or the individual’s nonpaying guests 34 or nonpaying employees. 35 -5- SF 2309.3686 (1) 89 da/ns 5/ 7

d. A person shall not resell the raw milk product or raw 1 milk dairy product. 2 4. Based on an affidavit signed by a licensed physician 3 certifying that in the physician’s opinion an individual 4 contracted an illness as a direct result of consuming raw milk 5 produced at a raw milk dairy, or consuming a raw milk product 6 or a raw milk dairy product manufactured at a raw milk dairy, 7 the Iowa department of public health acting under chapter 135 8 or a local board of health acting under chapter 137 may demand 9 that the raw milk producer provide it with all records of tests 10 to determine the coliform count and standard plate count of 11 dairy animals maintained at the raw milk dairy as required in 12 subsection 1. 13 5. The department shall not adopt rules to administer or 14 enforce this section. 15 6. This chapter does not apply to a receiving station, 16 transfer station, milk handler, milk grader, or milk plant. A 17 raw milk dairy is not a food establishment, food processing 18 plant, or other person regulated under chapter 137F or other 19 chapter regulating such entities. > 20 18. Page 5, line 28, by striking < On-farm > and inserting 21 < Raw milk dairies —— > 22 19. Page 5, line 29, by striking < and marketing —— 23 exception > and inserting < marketing, and distribution —— 24 exceptions > 25 20. Page 5, by striking lines 31 and 32 and inserting: 26 < 1. The production, processing, marketing, and distribution 27 of raw milk, if the raw milk is produced by a raw milk producer 28 at a raw milk dairy in > 29 21. By striking page 5, line 34, through page 6, line 1, and 30 inserting: 31 < 2. The manufacture, marketing, and distribution of a 32 raw milk product or raw milk dairy product, if the raw milk 33 product or raw milk dairy product is manufactured by a raw milk 34 producer at a raw milk dairy in compliance with section > 35 -6- SF 2309.3686 (1) 89 da/ns 6/ 7 #18. #19. #20. #21.

22. Title page, line 3, by striking < by operators of > and 1 inserting < to individuals by milk producers owning or operating 2 certain > 3 23. Title page, line 4, by striking < unpasteurized and 4 ungraded milk and > and inserting < raw milk and associated > 5 24. By renumbering, redesignating, and correcting internal 6 references as necessary. 7 ______________________________ JASON SCHULTZ -7- SF 2309.3686 (1) 89 da/ns 7/ 7 #22. #23. #24.