House File 2431 S-5174 Amend House File 2431, as amended, passed, and reprinted by 1 the House, as follows: 2 1. Page 1, before line 1 by inserting: 3 < DIVISION I 4 RAW MILK 5 Section 1. NEW SECTION . 137D.2A Raw milk, raw milk 6 products, and raw milk dairy products. 7 A home food processing establishment shall not advertise 8 for sale, offer for sale, sell or otherwise distribute, or use 9 raw milk, a raw milk product, or a raw milk dairy product as 10 provided in section 192.145. 11 Sec. ___. Section 137F.1, subsection 8, Code 2022, is 12 amended by adding the following new paragraph: 13 NEW PARAGRAPH . o. (1) The premises of a raw milk dairy 14 where raw milk is produced, processed, labeled, marketed, or 15 distributed by a raw milk producer in compliance with section 16 192.145. 17 (2) The premises of a raw milk dairy where a raw milk 18 product or a raw milk dairy product is manufactured, labeled, 19 marketed, or distributed by a raw milk producer in compliance 20 with section 192.145. 21 Sec. ___. Section 137F.1, subsection 9, Code 2022, is 22 amended by adding the following new paragraph: 23 NEW PARAGRAPH . d. (1) The premises of a raw milk dairy 24 where raw milk is produced, processed, labeled, marketed, or 25 distributed by a raw milk producer in compliance with section 26 192.145. 27 (2) A premises of a raw milk dairy where a raw milk product 28 or raw milk dairy product is manufactured, labeled, marketed, 29 or distributed by a raw milk producer in compliance with 30 section 192.145. 31 Sec. ___. NEW SECTION . 137F.8B Raw milk, raw milk products, 32 and raw milk dairy products. 33 A food establishment or farmers market shall not advertise 34 for sale, offer for sale, sell or otherwise distribute, or use 35 -1- HF 2431.4615 (2) 89 js/ns 1/ 9 #1.

raw milk, a raw milk product, or a raw milk dairy product, 1 regardless of whether the food establishment or farmers market 2 is regulated by the department under this chapter or another 3 chapter, another state agency, or a municipality. 4 Sec. ___. Section 159.6, subsection 6, Code 2022, is amended 5 to read as follows: 6 6. Regulation and inspection of foods, drugs, and other 7 articles, as provided in Title V, subtitle 4 , but . However, 8 chapter 205 of that subtitle shall be enforced as provided in 9 that chapter. Except as expressly authorized in subtitle 4, 10 the department shall not regulate any of the following: 11 a. The production, processing, labeling, marketing, or 12 distribution of raw milk by a raw milk producer in compliance 13 with section 192.145. 14 b. The manufacture, labeling, marketing, or distribution 15 of a raw milk product or raw milk dairy product by a raw milk 16 producer in compliance with section 192.145. 17 Sec. ___. Section 191.2, subsection 5, Code 2022, is amended 18 to read as follows: 19 5. All bottles, containers, and packages Bottles, 20 containers, and packages. Except as provided in subsection 21 5A, a container or package enclosing milk or a milk products 22 product shall be conspicuously labeled or marked with all of 23 the following : 24 a. The name of the contents as given in the definitions of 25 this chapter and chapters 190 and 192 . 26 b. The word “reconstituted” or “recombined” if the product 27 is made by reconstitution or recombination. 28 c. The grade of the contents. 29 d. The word “pasteurized” if the contents are pasteurized 30 and the identity of . The package or container shall identify 31 the plant where the milk or milk product is pasteurized. 32 e. The word “raw” if the contents are raw and the name or 33 other identity of the producer. 34 f. e. The designation vitamin “D” and the number of 35 -2- HF 2431.4615 (2) 89 js/ns 2/ 9

U.S.P. units per quart in the case of vitamin “D” milk or milk 1 products. 2 g. f. The volume or proportion of water to be added for 3 recombining in the case of concentrated milk or milk products. 4 h. g. The words “nonfat milk solids added” and the 5 percentage added if such solids have been added, except that 6 this requirement shall not apply to reconstituted or recombined 7 milk and milk products. 8 i. h. The words “artificially sweetened” in the name if 9 nonnutritive or artificial sweeteners or both are used. 10 j. i. The common name of stabilizers, distillates, and 11 ingredients, provided that: 12 (1) Only the identity of the milk producer shall be required 13 on cans delivered to a milk plant as provided in chapter 192 14 which that receives only grade “A” raw milk for pasteurization, 15 and which that immediately dumps, washes, and returns the cans 16 to the milk producer. 17 (2) The identity of both milk producer and the grade shall 18 be required on cans delivered to a milk plant as provided in 19 chapter 192 which that receives both grade “A” raw milk for 20 pasteurization and ungraded raw milk and which that immediately 21 dumps, washes, and returns the cans to the milk producer. 22 (3) In the case of concentrated milk products, the specific 23 name of the product shall be substituted for the generic term 24 “concentrated milk products”, e.g., “homogenized concentrated 25 milk”, “concentrated skim milk”, “concentrated chocolate milk”, 26 “concentrated chocolate flavored low fat milk”. 27 (4) In the case of flavored milk or flavored reconstituted 28 milk, the name of the principal flavor shall be substituted for 29 the word “flavored”. 30 (5) In the case of cultured milk and milk products, 31 the special type culture used may be substituted for the 32 word “cultured”, e.g., “acidophilus buttermilk”, “Bulgarian 33 buttermilk”, and “yogurt”. 34 Sec. ___. Section 191.2, Code 2022, is amended by adding the 35 -3- HF 2431.4615 (2) 89 js/ns 3/ 9

following new subsection: 1 NEW SUBSECTION . 5A. Raw milk, raw milk products, and raw 2 milk dairy products. A container holding raw milk, a raw 3 milk product, or a raw milk dairy product sold by a raw milk 4 producer shall be labeled as required in section 191.9A. 5 Sec. ___. NEW SECTION . 191.9A Raw milk dairies —— sale of 6 raw milk, raw milk products, and raw milk dairy products. 7 1. A raw milk producer who sells raw milk, a raw milk 8 product, or a raw milk dairy product to an individual in 9 compliance with section 192.145 shall label the container 10 holding the raw milk, raw milk product, or raw milk dairy 11 product. The label shall be permanently affixed to the 12 container. The words on the label shall be printed using upper 13 case letters in at least twelve point boldface type. If the 14 container includes a main informational or advertising panel, 15 the label shall be part of the panel. 16 2. a. For a container holding raw milk, the label shall 17 state the following: 18 Notice to Consumers 19 This container holds raw milk not subject to state inspection 20 or other public health regulations that require pasteurization 21 and grading. 22 b. For a container holding a raw milk product or raw milk 23 dairy product, the label shall state the following: 24 Notice to Consumers 25 This container holds a raw milk product or raw milk dairy 26 product that is not subject to state inspection or other public 27 health regulations that require pasteurization and grading. 28 Sec. ___. Section 192.103, subsections 1 and 2, Code 2022, 29 are amended to read as follows: 30 1. Only grade “A” pasteurized milk and milk products 31 shall be sold to the final consumer, or to restaurants, soda 32 fountains, grocery stores, or similar establishments . However, 33 in an except as follows: 34 a. In an emergency, the sale of pasteurized milk and milk 35 -4- HF 2431.4615 (2) 89 js/ns 4/ 9

products which that have not been graded, or the grade of which 1 is unknown, may be authorized by the secretary, in which case, 2 such products shall be labeled “ungraded”. 3 b. A raw milk producer may sell raw milk, a raw milk 4 product, or a raw milk dairy product to an individual in 5 compliance with section 192.145. 6 2. No A person shall not within the state produce, provide, 7 sell, offer, or expose for sale, or have in possession 8 with intent to sell, any milk or milk product which that is 9 adulterated or misbranded. However, in an emergency, the sale 10 of pasteurized milk and milk products which that have not been 11 graded, or the grade of which is unknown, may be authorized by 12 the secretary, in which case such products shall be labeled 13 “ungraded”. 14 Sec. ___. NEW SECTION . 192.144 Definitions. 15 As used in this subchapter, unless the context otherwise 16 requires: 17 1. “Dairy animal” means a cow, goat, or sheep that is 18 actively producing milk. 19 2. “Dairy product” means a product, other than a milk 20 product, in which milk is the principal ingredient at any 21 temperature and in either a manufactured or unmanufactured 22 state. To the extent that it is not classified as a milk 23 product, a dairy product includes but is not limited to butter, 24 cheese, cream, cottage cheese, ricotta cheese, kefir, or ice 25 cream. 26 3. “Manufacture” means to convert or condition personal 27 property by changing the form, composition, quality, or 28 character of a product, and includes activities associated with 29 a creamery or cheese factory. 30 4. “Raw milk” means milk that is not pasteurized or graded. 31 5. “Raw milk dairy” means an operation where not more than 32 a total of ten dairy animals are maintained, and milk produced 33 from any of those animals is not pasteurized or graded. 34 6. “Raw milk dairy product” means a dairy product that 35 -5- HF 2431.4615 (2) 89 js/ns 5/ 9

includes raw milk or a raw milk product. 1 7. “Raw milk producer” means a person who owns or operates 2 a raw milk dairy. 3 8. “Raw milk product” means a milk product that includes raw 4 milk. 5 Sec. ___. NEW SECTION . 192.145 Raw milk dairies —— 6 production, processing, marketing, and distribution. 7 1. A raw milk producer may elect to process, market, 8 or distribute raw milk produced at the raw milk producer’s 9 raw milk dairy in compliance with this section. A raw milk 10 producer may also elect to use the raw milk to manufacture, 11 market, or distribute a raw milk product or raw milk dairy 12 product at the raw milk producer’s raw milk dairy in compliance 13 with this section. If a raw milk producer makes either 14 election, all of the following apply: 15 a. The raw milk producer shall not pasteurize or grade milk 16 produced from dairy animals maintained at the raw milk dairy. 17 b. The raw milk producer shall ensure the health and safety 18 of consumers of the raw milk produced from dairy animals 19 maintained at the raw milk dairy by doing all of the following: 20 (1) Each month, test each dairy animal to determine a 21 coliform count and standard plate count. The raw milk producer 22 shall maintain a record of each test. The raw milk producer 23 shall retain the record at the raw milk dairy for at least 24 three years. 25 (2) Each twelve-month period, employ a licensed 26 veterinarian to examine each dairy animal to determine the 27 dairy animal’s health status. The examination must at least 28 include a blood test for common diseases afflicting the type 29 of dairy animal being examined. 30 2. A raw milk producer shall only take an order for the 31 distribution of raw milk at the raw milk producer’s raw milk 32 dairy where the raw milk was produced. The raw milk producer 33 shall only distribute the raw milk to an individual placing the 34 order. The raw milk producer may distribute the raw milk to 35 -6- HF 2431.4615 (2) 89 js/ns 6/ 9

the individual without charge or on a retail basis. 1 a. The raw milk producer shall post the summary of the test 2 to determine the coliform count and standard plate count of 3 the dairy animals maintained at the raw milk dairy as provided 4 in subsection 1. The summary shall be posted at the raw milk 5 dairy’s distribution point for the raw milk. The individual 6 being distributed the raw milk may examine the records for the 7 three-year period that the records are required to be retained 8 by the raw milk producer under subsection 1. 9 b. If the raw milk producer sells raw milk in a container, 10 the container shall be labeled as provided in section 191.9A. 11 c. The raw milk producer shall distribute the raw milk 12 directly to the individual at the raw milk dairy or to a 13 location specified by the individual. However, a person shall 14 not deliver the raw milk to a place of business where food 15 items are distributed on a retail basis, including but not 16 limited to a home food processing establishment regulated 17 under chapter 137D or a food establishment or farmers market 18 regulated under chapter 137F. The raw milk shall only be used 19 for consumption by the individual, members of the individual’s 20 household, and the individual’s nonpaying guests or nonpaying 21 employees. 22 d. A person shall not resell raw milk. 23 3. A raw milk producer shall only take an order for the 24 distribution of a raw milk product or raw milk dairy product 25 at the raw milk producer’s raw milk dairy where the raw milk 26 product or raw milk dairy product is manufactured. The raw 27 milk producer shall only distribute the raw milk product or raw 28 milk dairy product to an individual placing the order. The raw 29 milk producer may distribute the raw milk product or raw milk 30 dairy product to the individual without charge or on a retail 31 basis. 32 a. The raw milk producer shall post the summary of the most 33 recent test to determine the coliform count and standard plate 34 count of dairy animals maintained at the raw milk dairy as 35 -7- HF 2431.4615 (2) 89 js/ns 7/ 9

provided in subsection 1. The summary shall be posted at the 1 raw milk dairy’s distribution point for the raw milk products 2 or raw milk dairy products. The individual being distributed 3 the raw milk product or raw milk dairy product may examine the 4 records for the three-year period that the records are required 5 to be retained by the raw milk producer under subsection 1. 6 b. If the raw milk producer sells a raw milk product or 7 raw milk dairy product in a container, the container shall be 8 labeled as provided in section 191.9A. 9 c. The raw milk producer shall distribute the raw milk 10 product or raw milk dairy product directly to the individual 11 at the raw milk dairy or to a location specified by the 12 individual. However, a person shall not deliver the raw milk 13 product or raw milk dairy product to a place of business where 14 food items are distributed on a retail basis, including but 15 not limited to a home food processing establishment regulated 16 under chapter 137D or a food establishment or farmers market 17 regulated under chapter 137F. The raw milk product or raw 18 milk dairy product shall only be used for consumption by the 19 individual, members of the individual’s household, or the 20 individual’s nonpaying guests or nonpaying employees. 21 d. A person shall not resell the raw milk product or raw 22 milk dairy product. 23 4. Based on an affidavit signed by a licensed physician 24 certifying that in the physician’s opinion an individual 25 contracted an illness as a direct result of consuming raw milk 26 produced at a raw milk dairy, or consuming a raw milk product 27 or a raw milk dairy product manufactured at a raw milk dairy, 28 the Iowa department of public health acting under chapter 135 29 or a local board of health acting under chapter 137 may demand 30 that the raw milk producer provide it with all records of tests 31 to determine the coliform count and standard plate count of 32 dairy animals maintained at the raw milk dairy as required in 33 subsection 1. 34 5. The department shall not adopt rules to administer or 35 -8- HF 2431.4615 (2) 89 js/ns 8/ 9

enforce this section. 1 6. This chapter does not apply to a receiving station, 2 transfer station, milk handler, milk grader, or milk plant. A 3 raw milk dairy is not a food establishment, food processing 4 plant, or other person regulated under chapter 137F or other 5 chapter regulating such entities. 6 Sec. ___. NEW SECTION . 194.22 Raw milk dairies —— 7 production, processing, manufacturing, marketing, and 8 distribution —— exceptions. 9 This chapter does not apply to any of the following: 10 1. The production, processing, marketing, and distribution 11 of raw milk, if the raw milk is produced by a raw milk producer 12 at a raw milk dairy in compliance with section 192.145. 13 2. The manufacture, marketing, and distribution of a 14 raw milk product or raw milk dairy product, if the raw milk 15 product or raw milk dairy product is manufactured by a raw 16 milk producer at a raw milk dairy in compliance with section 17 192.145. 18 DIVISION ___ 19 HOME FOOD PROCESSING ESTABLISHMENTS AND OTHER HOME-BASED 20 BUSINESSES > 21 2. Title page, line 1, after < of > by inserting < raw milk 22 dairies and > 23 3. Title page, line 3, by striking < civil > 24 4. By renumbering as necessary. 25 ______________________________ TONY BISIGNANO -9- HF 2431.4615 (2) 89 js/ns 9/ 9 #2. #3. #4.