House Amendment to Senate File 315 S-3125 Amend Senate File 315, as passed by the Senate, as follows: 1 1. Page 1, by striking lines 3 through 7 and inserting: 2 < The department of health and human services may demand that 3 a raw milk producer provide the department with all records 4 required to be retained by the raw milk producer as provided in 5 section 195.6, including any of the following: 6 1. The coliform count and standard plate count of dairy 7 animals maintained at a raw milk dairy owned or operated by the 8 raw milk producer. 9 2. The administration of antibiotic drugs to dairy animals 10 maintained at a raw milk dairy owned or operated by the raw 11 milk producer. > 12 2. Page 1, by striking lines 10 through 13 and inserting: 13 < NEW PARAGRAPH . e. Demand that a raw milk producer provide 14 the board with all records required to be retained by the raw 15 milk producer as provided in section 195.6, including any of 16 the following: 17 (1) The coliform count and standard plate count of dairy 18 animals maintained at a raw milk dairy owned or operated by the 19 raw milk producer. 20 (2) The administration of antibiotic drugs to dairy animals 21 maintained at a raw milk dairy owned or operated by the raw 22 milk producer. > 23 3. Page 2, line 31, by striking < manufacture, > and inserting 24 < production, processing, > 25 4. Page 3, line 12, by striking < section 195.8 > and 26 inserting < section 195.9 > 27 5. Page 4, line 21, by striking < operation > and inserting 28 < operation, owned or operated by a raw milk producer, > 29 6. Page 4, line 28, by striking < dairy > and inserting 30 < dairy, if the milk producer makes the election provided in 31 section 195.5 > 32 7. Page 4, after line 31 by inserting: 33 < 10. “Recognized bacteria count limit” means the results 34 of a test measuring the presence of bacteria in raw milk at a 35 -1- SF 315.1723.H (1) 90 md 1/ 6 #1. #2. #3. #4. #5. #6. #7.

level that does not exceed the following: 1 a. For a bacteria coliform count, ten colony forming units 2 per milliliter (10 cfu/mL). 3 b. For a standard plate count, twenty-five thousand colony 4 forming units per milliliter (25,000 cfu/mL). > 5 8. By striking page 4, line 32, through page 5, line 3, and 6 inserting: 7 < Sec. ___. NEW SECTION . 195.2 Construing this chapter with 8 other applicable chapters. 9 1. This chapter shall be construed to supplement applicable 10 provisions in chapters 190, 191, 192, and 194. If there is a 11 conflict between a provision in this chapter and one of those 12 other chapters, the provision in this chapter shall prevail 13 but only to the extent of interpreting the provision in this 14 chapter. 15 2. This chapter does not apply to the powers and duties of 16 the department to control an infectious or contagious disease 17 that may affect dairy animals within the state as provided in 18 another chapter, including a rule adopted pursuant to that 19 other chapter. The control of an infectious or contagious 20 disease includes the prevention, suppression, or eradication 21 of an infectious or contagious disease among a population of 22 dairy animals as provided in that other chapter. However, the 23 department shall not administer or enforce a provision of the 24 other chapter if it results in treating a raw milk producer 25 differently than producers of milk pasteurized or graded as 26 otherwise required in chapter 190, 192, or 194. > 27 9. Page 5, line 13, before < process > by inserting < produce, > 28 10. Page 5, line 14, by striking < produced > 29 11. Page 5, line 20, by striking < and processing > 30 12. Page 5, line 23, by striking < and process > 31 13. By striking page 5, line 27, through page 6, line 8, and 32 inserting: 33 < 2. The raw milk must be produced at the raw milk dairy in a 34 manner that ensures the health and safety of persons consuming 35 -2- SF 315.1723.H (1) 90 md 2/ 6 #8. #9. #10. #11. #12. #13.

the raw milk. 1 3. Each twelve-month period, a licensed veterinarian must 2 examine each dairy animal maintained at the raw milk producer’s 3 raw milk dairy to determine the dairy animal’s health status. 4 The examination must at least include a blood test for common 5 diseases afflicting the type of dairy animal being examined. 6 4. a. The raw milk producer shall, every month, test 7 each dairy animal maintained at the raw milk producer’s raw 8 milk dairy to determine the dairy animal’s coliform count and 9 standard plate count. 10 b. The raw milk producer shall not do any of the following: 11 (1) Process, market, or distribute raw milk, if the raw milk 12 exceeds the recognized bacteria count limit. 13 (2) Manufacture, market, or distribute a raw milk product 14 or raw milk dairy product, if raw milk used as an ingredient 15 exceeds the recognized bacteria count limit. 16 c. The raw milk producer shall retain a record of each test 17 conducted at the raw milk dairy for at least three years. 18 5. a. If a dairy animal maintained at a raw milk dairy is 19 administered with an antibiotic drug, the raw milk producer 20 shall comply with the following health protocols: 21 (1) The antibiotic drug must be all of the following: 22 (a) Approved by the United States food and drug 23 administration for its intended use. 24 (b) Stored in a closed, labeled container as provided by the 25 manufacturer of the antibiotic drug before being administered. 26 (c) Stored and administered as directed by the manufacturer 27 of the antibiotic drug. 28 (2) For a dairy animal subject to a health protocol as 29 provided in subparagraph (1), any raw milk produced from the 30 dairy animal before the expiration of the production waiting 31 period as directed by the manufacturer shall not be used to do 32 any of the following: 33 (a) Process, market, or distribute the raw milk. 34 (b) Manufacture, market, or distribute a raw milk product or 35 -3- SF 315.1723.H (1) 90 md 3/ 6

raw milk dairy product that uses the raw milk as an ingredient. 1 b. The manufacturer of an antibiotic drug administered to 2 a dairy animal under this subsection may provide directions 3 on the label of the container storing the antibiotic drug or 4 other source of information regarding the use of the antibiotic 5 controlled by the manufacturer. 6 c. The raw milk producer shall retain records identifying 7 the type and dosage of each antibiotic drug administered to 8 a dairy animal maintained at the raw milk dairy, each dairy 9 animal administered the antibiotic drug, and date and place 10 where the antibiotic drug was administered. The raw milk 11 producer shall retain the records for at least three years. > 12 14. Page 6, before line 9 by inserting: 13 < Sec. ___. NEW SECTION . 195.7 Processing and manufacturing 14 of raw milk. 15 1. Raw milk produced at a raw milk dairy must be processed 16 and manufactured at the raw milk dairy in a manner that ensures 17 the health and safety of persons consuming the processed raw 18 milk, raw milk product, or raw milk dairy product. 19 2. The raw milk must not be pasteurized or graded. 20 3. The raw milk must be distributed not later than seven 21 calendar days after it was produced by a dairy animal. 22 4. The raw milk, raw milk product, or raw milk dairy 23 product, or any other item using raw milk as an ingredient, 24 shall be kept for storage prior to distribution at not more 25 than 45 degrees Fahrenheit. > 26 15. Page 6, line 9, by striking < 195.7 > and inserting 27 < 195.8 > 28 16. Page 6, line 16, after < a. > by inserting < (1) > 29 17. Page 6, by striking lines 20 through 23 and inserting 30 < dairy’s distribution point for the raw milk. > 31 18. Page 6, before line 24 by inserting: 32 < (2) (a) The individual being distributed the raw milk 33 may examine records required to be retained by the raw milk 34 producer as provided in section 195.6, including any of the 35 -4- SF 315.1723.H (1) 90 md 4/ 6 #14. #15. #16. #17. #18.

following: 1 (i) The coliform count and standard plate count of dairy 2 animals maintained at a raw milk dairy owned or operated by the 3 raw milk producer. 4 (ii) The administration of antibiotic drugs to dairy 5 animals maintained at a raw milk dairy owned or operated by the 6 raw milk producer. 7 (b) The individual being distributed the raw milk may 8 examine the records for the three-year period that the records 9 are required to be retained by the raw milk producer under 10 section 195.6. > 11 19. Page 6, line 26, by striking < section 195.8 > and 12 inserting < section 195.9 > 13 20. Page 7, line 13, after < a. > by inserting < (1) > 14 21. Page 7, by striking lines 18 through 21 and inserting 15 < or raw milk dairy products. > 16 22. Page 7, before line 22 by inserting: 17 < (2) (a) The individual being distributed the raw milk 18 product or raw milk dairy product may examine records required 19 to be retained by the raw milk producer as provided in section 20 195.6, including any of the following: 21 (i) The coliform count and standard plate count of dairy 22 animals maintained at a raw milk dairy owned or operated by the 23 raw milk producer. 24 (ii) The administration of antibiotic drugs to dairy 25 animals maintained at a raw milk dairy owned or operated by the 26 raw milk producer. 27 (b) The individual being distributed the raw milk product 28 or raw milk dairy product may examine the records for the 29 three-year period that the records are required to be retained 30 by the raw milk producer under section 195.6. > 31 23. Page 7, line 24, by striking < section 195.8 > and 32 inserting < section 195.9 > 33 24. Page 8, line 4, by striking < 195.8 > and inserting 34 < 195.9 > 35 -5- SF 315.1723.H (1) 90 md 5/ 6 #19. #20. #21. #22. #23.

25. Page 8, line 27, by striking < 195.9 > and inserting 1 < 195.10 > 2 26. By striking page 8, line 28, through page 9, line 3, and 3 inserting: 4 < 1. The department of health and human services acting 5 under chapter 135, or a local board of health acting under 6 chapter 137, may demand that a raw milk producer provide it 7 with all records required to be kept by the raw milk producer 8 as provided in section 195.6, including any of the following: 9 a. The coliform count and standard plate count of dairy 10 animals maintained by the raw dairy producer at a raw milk 11 dairy. 12 b. The administration of antibiotic drugs to dairy animals 13 maintained by the dairy producer at a raw milk dairy. 14 2. A demand described in subsection 1 shall be based on an 15 affidavit signed by a licensed physician certifying that in 16 the physician’s opinion an individual contracted an illness as 17 a direct result of consuming raw milk produced at a raw milk 18 dairy, or consuming a raw milk product or a raw milk dairy 19 product manufactured at a raw milk dairy. > 20 27. By renumbering as necessary. 21 -6- SF 315.1723.H (1) 90 md 6/ 6 #25. #26.