S-5045

   Amend Senate File 2309 as follows:
   1.  Page 1, before line 1 by inserting: 
   <Section 1.  NEW SECTION.  137D.2A  Raw milk, raw milk products, and raw milk dairy products.
   A home bakery shall not advertise for sale, offer for sale, sell or otherwise distribute, or use raw milk, a raw milk product, or a raw milk dairy product as provided in section 192.145.
   Sec. ___.  Section 137F.1, subsection 8, Code 2022, 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 section 192.145.
   (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 section 192.145.
   Sec. ___.  Section 137F.1, subsection 9, Code 2022, 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 section 192.145.
   (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 section 192.145.
   Sec. ___.  NEW SECTION.  137F.8B  Raw milk, raw milk products, and raw milk dairy products.
   A food establishment or farmers market shall not advertise for sale, offer for sale, sell or otherwise distribute, or use raw milk, a 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.>
   2.  Page 1, by striking lines 8 through 10 and inserting: 
   <a.  The production, processing, labeling, marketing, or distribution of raw milk by a raw milk producer in compliance with section 192.145.>
   3.  Page 1, by striking lines 11 through 13 and inserting: 
   <b.  The manufacture, labeling, marketing, or distribution of a raw milk product or raw milk dairy product by a raw milk producer in>
   4.  By striking page 2, line 34, through page 3, line 1, and inserting: 
   <NEW SUBSECTION.  5A.  Raw milk, raw milk products, and raw milk dairy products.  A container holding raw milk, a raw milk product, or a raw milk dairy product sold by a raw milk producer shall be labeled as required in>
   5.  Page 3, line 3, by striking <Dairy farms> and inserting <Raw milk dairies>
   6.  Page 3, by striking line 4 and inserting <raw milk, raw milk products, and raw milk dairy products.>
   7.  Page 3, by striking lines 5 through 10 and inserting: 
   <1.  A raw milk producer who sells raw milk, a raw milk product, or a raw milk dairy product to an individual in compliance with section 192.145 shall label the container holding the raw milk, raw milk product, or raw milk dairy product. The label shall be permanently affixed to the>
   8.  Page 3, line 15, by striking <unpasteurized> and inserting <raw>
   9.  Page 3, line 21, by striking <milk product or> and inserting <raw milk product or raw milk>
   10.  Page 3, line 24, before <dairy> by inserting <raw milk>
   11.  Page 3, line 25, by striking <includes raw milk> and inserting <is>
   12.  Page 4, by striking lines 3 and 4 and inserting: 
   <b.  A raw milk producer may sell raw milk, a raw milk product, or a raw milk dairy product to an individual in compliance with section>
   13.  Page 4, after line 16 by inserting: 
   <1.  “Dairy animal” means a cow, goat, or sheep that is actively producing milk.>
   14.  Page 4, line 17, by striking <1.> and inserting <2.>
   15.  Page 4, line 24, by striking <2.> and inserting <3.>
   16.  Page 4, after line 27 by inserting: 
   <___.  “Raw milk” means milk that is not pasteurized or graded.
   ___.  “Raw milk dairy” means an operation where not more than a total of ten dairy animals are maintained, and milk produced from any of those animals is not pasteurized or graded.
   ___.  “Raw milk dairy product” means a dairy product that includes raw milk or a raw milk product.
   ___.  “Raw milk producer” means a person who owns or operates a raw milk dairy.
   ___.  “Raw milk product” means a milk product that includes raw milk.>
   17.  By striking page 4, line 28, through page 5, line 27, and inserting: 
   <Sec. ___.  NEW SECTION.  192.145  Raw milk dairies —— production, processing, marketing, and distribution.
   1.  A raw milk producer may elect to process, market, or distribute raw milk produced at the raw milk producer’s raw milk dairy in compliance with this section. 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 section. If a raw milk producer makes either election, all of the following apply:
   a.  The raw milk producer shall not pasteurize or grade milk produced from dairy animals maintained at the raw milk dairy.
   b.  The raw milk producer shall ensure the health and safety of consumers of the raw milk produced from dairy animals maintained at the raw milk dairy by doing all of the following:
   (1)  Each month, test each dairy animal to determine a coliform count and standard plate count. The raw milk producer shall maintain a record of each test. The raw milk producer shall retain the record at the raw milk dairy for at least three years.
   (2)  Each twelve-month period, employ a licensed veterinarian to examine each dairy animal 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.
   2.  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 was produced. The raw milk producer shall only distribute the raw milk to an individual placing the order. The raw milk producer may distribute the raw milk to the individual without charge or on a retail basis.
   a.  The raw milk producer shall post the summary of the test to determine the coliform count and standard plate count of the dairy animals maintained at the raw milk dairy as provided in subsection 1. The summary shall be posted at the raw milk dairy’s distribution point for the raw milk. 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 subsection 1.
   b.  If the raw milk producer sells raw milk in a container, the container shall be labeled as provided in section 191.9A.
   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 items are distributed on a retail basis, including but not limited to a home bakery 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.
   3.  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.  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 maintained at the raw milk dairy as provided in subsection 1. The summary shall be posted at the raw milk dairy’s distribution point for the raw milk products or raw milk dairy products. 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 subsection 1.
   b.  If the raw milk producer sells a raw milk product or raw milk dairy product in a container, the container shall be labeled as provided in section 191.9A.
   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 items are distributed on a retail basis, including but not limited to a home bakery 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.
   4.  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, the Iowa department of public health acting under chapter 135 or a local board of health acting under chapter 137 may demand that the raw milk producer provide it with all records of tests to determine the coliform count and standard plate count of dairy animals maintained at the raw milk dairy as required in subsection 1.
   5.  The department shall not adopt rules to administer or enforce this section.
   6.  This chapter does not apply to a receiving station, transfer station, milk handler, milk grader, or milk plant. A raw milk dairy is not a food establishment, food processing plant, or other person regulated under chapter 137F or other chapter regulating such entities.>
   18.  Page 5, line 28, by striking <On-farm> and inserting <Raw milk dairies ——>
   19.  Page 5, line 29, by striking <and marketing —— exception> and inserting <marketing, and distribution —— exceptions>
   20.  Page 5, by striking lines 31 and 32 and inserting: 
   <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 in>
   21.  By striking page 5, line 34, through page 6, line 1, and inserting: 
   <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 in compliance with section>
   22.  Title page, line 3, by striking <by operators of> and inserting <to individuals by milk producers owning or operating certain>
   23.  Title page, line 4, by striking <unpasteurized and ungraded milk and> and inserting <raw milk and associated>
   24.  By renumbering, redesignating, and correcting internal references as necessary.

______________________________
JASON SCHULTZ