House File 2290 - Introduced HOUSE FILE 2290 BY SCHULTZ , BEARD , UPMEYER , KUHN , and WINDSCHITL A BILL FOR An Act allowing certain milk or milk products produced on dairy 1 farms to be sold directly to individuals. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 6005HH (3) 83 da/nh

H.F. 2290 Section 1. Section 191.2, subsection 5, unnumbered 1 paragraph 1, Code Supplement 2009, is amended to read as 2 follows: 3 All Except as provided in subsection 5A, bottles, 4 containers, and packages enclosing milk or milk products shall 5 be conspicuously labeled or marked with the following : 6 Sec. 2. Section 191.2, Code Supplement 2009, is amended by 7 adding the following new subsection: 8 NEW SUBSECTION . 5A. A person who operates a dairy farm 9 as provided in chapter 192 is not required to label or mark 10 a container containing milk or a milk product, regardless of 11 whether the milk or milk product is raw or pasteurized, if the 12 person sells the milk or milk product to an individual. 13 Sec. 3. Section 192.103, Code 2009, is amended to read as 14 follows: 15 192.103 Sale of grade “A” milk to final consumer —— 16 impoundment of adulterated or misbranded milk. 17 1. Only grade “A” pasteurized milk and milk products 18 shall be sold to the final consumer, or to restaurants, soda 19 fountains, grocery stores, or similar establishments ; , except 20 in as follows: 21 a. In an emergency, the sale of pasteurized milk and milk 22 products which have not been graded, or the grade of which is 23 unknown, may be authorized by the secretary, in which case, 24 such products shall be labeled “ungraded” . 25 b. A person who operates a dairy farm may sell milk or a 26 milk product regardless of whether the milk or milk product is 27 unpasteurized or ungraded, if it is produced by that dairy farm 28 and sold to an individual. The person operating the dairy farm 29 may deliver or cause to be delivered such milk or milk product 30 to a location specified by the individual. An individual who 31 purchases the milk or milk product shall not resell it. 32 2. No person shall within the state produce, provide, sell, 33 offer, or expose for sale, or have in possession with intent 34 to sell, any milk or milk product which is adulterated or 35 -1- LSB 6005HH (3) 83 da/nh 1/ 3

H.F. 2290 misbranded; except, in an emergency, the sale of pasteurized 1 milk and milk products which have not been graded, or the grade 2 of which is unknown, may be authorized by the secretary, in 3 which case such products shall be labeled “ungraded” . 4 3. Any adulterated or misbranded milk or milk product 5 may be impounded by the secretary or authorized municipal 6 corporation and disposed of in accordance with applicable laws 7 or regulations. 8 Sec. 4. NEW SECTION . 192.108A Permit and inspection 9 requirements —— exception for dairy farms. 10 A person who operates a dairy farm is not required to be 11 issued a permit or be inspected as otherwise provided in this 12 chapter, if any of the following applies: 13 1. The person does not sell milk or a milk product. 14 2. The person only sells milk or a milk product to an 15 individual. 16 EXPLANATION 17 BACKGROUND. This bill amends provisions affecting 18 persons who operate dairy farms where milk or milk products 19 are produced for sale to individuals. The provisions are 20 administered and enforced by the department of agriculture 21 and land stewardship. The affected provisions include Code 22 chapter 191 which governs labeling and Code chapter 192, the 23 “Iowa Grade ‘A’ Milk Inspection Law” (Code section 192.101), 24 and departmental rules all based on the “Grade ‘A’ Pasteurized 25 Milk Ordinance” (Code section 192.101A). Milk is the lacteal 26 secretion of cows, sheep, or goats, and a dairy farm is any 27 place where one or more cows, sheep, or goats are kept for the 28 production of milk (21 IAC 68.40). 29 LABELING. All food offered or exposed for sale must be 30 labeled (Code section 191.1). This includes labeling the milk 31 or milk product as “raw” (Code section 191.2(5)(e)). The bill 32 provides an exception from this requirement for a person who 33 operates a dairy farm, if the person sells the milk or milk 34 product to an individual. 35 -2- LSB 6005HH (3) 83 da/nh 2/ 3

H.F. 2290 SALE. All milk must be sold on the basis of grade (Code 1 section 194.10) and only grade “A” pasteurized milk and milk 2 products can be sold to the final consumer (Code section 3 192.103). Grade “B” milk may be sold for manufacturing 4 purposes (21 IAC 68.2). All dairy farms selling grade “A” 5 or grade “B” milk must be issued a permit by the department 6 (21 IAC 68.2). The bill provides that a person who operates 7 a dairy farm may sell milk or a milk product regardless of 8 whether the milk or milk product is unpasteurized or ungraded, 9 if it is produced by that dairy farm and sold to an individual. 10 The person operating the dairy farm may deliver such milk or 11 milk product to a location specified by the individual. 12 PERMIT AND INSPECTION. A person who operates a dairy farm 13 is required to obtain a permit from the department and is 14 subject to departmental inspection (Code section 192.107). The 15 bill provides that a person who operates a dairy farm is not 16 required to be issued a permit or be subject to inspections by 17 the department under either of two conditions: (1) the person 18 does not sell milk or milk products, or (2) the person only 19 sells milk or milk products to individuals. 20 -3- LSB 6005HH (3) 83 da/nh 3/ 3