HF 2044 (LSB 5165YH (13) 83)

HOUSE FILE 2044

BY  SCHULTZ

A BILL FOR

An Act relating to persons who operate dairy farms where milk or milk products are produced for sale to individuals.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 191.2, subsection 5, unnumbered paragraph 1, Code Supplement 2009, is amended to read as follows:
   All Except as provided in subsection 5A, bottles, containers, and packages enclosing milk or milk products shall be conspicuously labeled or marked with the following:
    Sec. 2.  Section 191.2, Code Supplement 2009, is amended by adding the following new subsection:
   NEW SUBSECTION.  5A.  A person who operates a dairy farm as provided in chapter 192 is not required to label or mark a container containing milk or a milk product, regardless of whether the milk or milk product is raw or pasteurized, if the person sells the milk or milk product to an individual.
    Sec. 3.  Section 192.103, Code 2009, is amended to read as follows:
   192.103  Sale of grade “A” milk to final consumer —— impoundment of adulterated or misbranded milk.
   1.  Only grade “A” pasteurized milk and milk products shall be sold to the final consumer, or to restaurants, soda fountains, grocery stores, or similar establishments;, except in as follows:
   a.  In an emergency, the sale of pasteurized milk and milk products which have not been graded, or the grade of which is unknown, may be authorized by the secretary, in which case, such products shall be labeled “ungraded”.
   b.  A person who operates a dairy farm may sell milk or a milk product regardless of whether the milk or milk product is unpasteurized or ungraded, if it is produced by that dairy farm and sold to an individual. The person operating the dairy farm may deliver or cause to be delivered such milk or milk product to a location specified by the individual. An individual who purchases the milk or milk product shall not resell it.
   2.  No person shall within the state produce, provide, sell, offer, or expose for sale, or have in possession with intent to sell, any milk or milk product which is adulterated or misbranded; except, in an emergency, the sale of pasteurized milk and milk products which have not been graded, or the grade of which is unknown, may be authorized by the secretary, in which case such products shall be labeled “ungraded”.
   3.  Any adulterated or misbranded milk or milk product may be impounded by the secretary or authorized municipal corporation and disposed of in accordance with applicable laws or regulations.
    Sec. 4.  NEW SECTION.  192.108A  Permit and inspection requirements —— exception for dairy farms.

   A person who operates a dairy farm is not required to be issued a permit or be inspected as otherwise provided in this chapter, if any of the following applies:

   1.  The person does not sell milk or a milk product.
   2.  The person only sells milk or a milk product to an individual.
EXPLANATION
   BACKGROUND. This bill amends provisions affecting persons who operate dairy farms where milk or milk products are produced for sale to individuals. The provisions are administered and enforced by the department of agriculture and land stewardship. The affected provisions include Code chapter 191 which governs labeling and Code chapter 192, the “Iowa Grade ‘A’ Milk Inspection Law” (Code section 192.101), and departmental rules all based on the “Grade ‘A’ Pasteurized Milk Ordinance” (Code section 192.101A). Milk is the lacteal secretion of cows, sheep, or goats, and a dairy farm is any place where one or more cows, sheep, or goats are kept for the production of milk (21 IAC 68.40).
   LABELING. All food offered or exposed for sale must be labeled (Code section 191.1). This includes labeling the milk or milk product as “raw” (Code section 191.2(5)(e)). The bill provides an exception from this requirement for a person who operates a dairy farm, if the person sells the milk or milk product to an individual.
   SALE. All milk must be sold on the basis of grade (Code section 194.10) and only grade “A” pasteurized milk and milk products can be sold to the final consumer (Code section 192.103). Grade “B” milk may be sold for manufacturing purposes (21 IAC 68.2). All dairy farms selling grade “A” or grade “B” milk must be issued a permit by the department (21 IAC 68.2). The bill provides that a person who operates a dairy farm may sell milk or a milk product regardless of whether the milk or milk product is unpasteurized or ungraded, if it is produced by that dairy farm and sold to an individual. The person operating the dairy farm may deliver such milk or milk product to a location specified by the individual.
   PERMIT AND INSPECTION. A person who operates a dairy farm is required to obtain a permit from the department and is subject to departmental inspection (Code section 192.107). The bill provides that a person who operates a dairy farm is not required to be issued a permit or be subject to inspections by the department under either of two conditions: (1) the person does not sell milk or milk products, or (2) the person only sells milk or milk products to individuals.