House File 209 - Introduced HOUSE FILE 209 BY HEARTSILL and BRANHAGEN A BILL FOR An Act providing for the sale of unpasteurized or ungraded milk 1 or milk products produced at a dairy farm to an individual 2 for use as commercial feed for animals and making penalties 3 applicable. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1595YH (4) 86 da/rj

H.F. 209 Section 1. Section 191.2, subsection 5, unnumbered 1 paragraph 1, Code 2015, is amended to read as follows: 2 All Except as provided in subsection 5A, all bottles, 3 containers, and packages enclosing milk or milk products shall 4 be conspicuously labeled or marked with all of the following : 5 Sec. 2. Section 191.2, Code 2015, is amended by adding the 6 following new subsection: 7 NEW SUBSECTION . 5A. A bottle, container, or package 8 containing milk or a milk product that is unpasteurized or 9 ungraded and sold for commercial feed as provided in section 10 192.103 shall be conspicuously labeled or marked with the 11 following: 12 “It is not legal to sell raw milk for human consumption 13 in Iowa. This product is intended to be used solely for 14 commercial feed to be consumed by animals.” 15 Sec. 3. Section 192.103, Code 2015, is amended to read as 16 follows: 17 192.103 Sale of grade “A” milk to final consumer —— 18 impoundment of adulterated or misbranded milk —— exceptions . 19 1. Only grade “A” pasteurized milk and milk products 20 shall be sold to the final consumer, or to restaurants, soda 21 fountains, grocery stores, or similar establishments; except in 22 an emergency, the sale of pasteurized milk and milk products 23 which have not been graded, or the grade of which is unknown, 24 may be authorized by the secretary, in which case, such 25 products shall be labeled “ungraded”. 26 2. No person shall within the state produce, provide, sell, 27 offer, or expose for sale, or have in possession with intent 28 to sell, any milk or milk product which is adulterated or 29 misbranded; except, in an emergency, the sale of pasteurized 30 milk and milk products which have not been graded, or the grade 31 of which is unknown, may be authorized by the secretary, in 32 which case such products shall be labeled “ungraded”. 33 3. Any adulterated or misbranded milk or milk product 34 may be impounded by the secretary or authorized municipal 35 -1- LSB 1595YH (4) 86 da/rj 1/ 4

H.F. 209 corporation and disposed of in accordance with applicable laws 1 or regulations. 2 4. a. Notwithstanding subsections 1 through 3, a person 3 who operates a dairy farm may sell milk or a milk product that 4 is unpasteurized or ungraded, if it is produced by that dairy 5 farm and sold to an individual as commercial feed for animals 6 as provided in chapter 198. The person must label the bottle, 7 container, or package containing milk or a milk product as 8 provided in section 191.2. The person may deliver or cause to 9 be delivered such milk or milk product to a location specified 10 by the individual. An individual who purchases the milk or 11 milk product shall not resell it. 12 b. As used in paragraph “a” , “sale” means a transfer of 13 title or possession, exchange or barter, in any manner or by 14 any means or agreement. “Sale” includes any transaction that 15 involves the transfer of milk or a milk product or the right to 16 acquire milk or a milk product through barter or contractual 17 arrangement or in exchange for any other form of compensation 18 including but not limited to the sale of shares or interest in 19 a cow, goat, or other lactating animal or herd. 20 Sec. 4. NEW SECTION . 192.113A Penalty —— persons purchasing 21 milk or milk products for commercial feed. 22 A person who purchases milk or a milk product for commercial 23 feed and resells the milk or milk product is guilty of a simple 24 misdemeanor as provided in section 189.21. 25 Sec. 5. NEW SECTION . 192.114 Exception —— dairy farms 26 selling milk or milk products for commercial feed. 27 A person who operates a dairy farm is not required to obtain 28 a permit or to comply with inspection requirements as otherwise 29 provided in this chapter, if the person produces milk or a 30 milk product at that dairy farm for sale to an individual as 31 commercial feed as provided in section 192.103. However, this 32 exception does not apply to the extent that the person or the 33 person’s dairy farm also operates to produce milk or a milk 34 product other than for commercial feed as provided in that 35 -2- LSB 1595YH (4) 86 da/rj 2/ 4

H.F. 209 section. 1 Sec. 6. Section 192.122, Code 2015, is amended to read as 2 follows: 3 192.122 Milk bottles to be marked. 4 1. Bottles or jars used for the sale of milk shall have 5 clearly blown or permanently marked in the side of the bottle, 6 the capacity of the bottle, and on the bottom of the bottle 7 the name, initials, or certification mark of the manufacturer. 8 The designating number shall be furnished by the department on 9 request. 10 2. Subsection 1 does not apply to bottles or jars used for 11 the sale of milk that is unpasteurized or ungraded and sold for 12 commercial feed as provided in section 192.103. 13 Sec. 7. NEW SECTION . 198.16 Milk and milk product 14 exception. 15 This chapter does not apply to a person who operates a dairy 16 farm and who sells milk or a milk product to an individual as 17 commercial feed as provided in section 192.103. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 This bill provides that a person who operates a dairy farm 22 may sell milk or a milk product that is unpasteurized or 23 ungraded, if it is produced at that dairy farm and sold to an 24 individual as commercial feed for animals. The person would 25 not be required to obtain a permit or comply with inspection 26 requirements as otherwise provided in the “Iowa Grade ‘A’ Milk 27 Inspection Law” (Code chapter 192). The person also would 28 not be required to obtain a license or comply with inspection 29 requirements under the “Iowa Commercial Feed Law” (Code chapter 30 198). The bill requires that a container holding unpasteurized 31 or ungraded milk or a milk product be conspicuously labeled. A 32 person who purchases milk or a milk product for commercial feed 33 for resale is guilty of a simple misdemeanor (new Code section 34 192.113A). A simple misdemeanor is punishable by confinement 35 -3- LSB 1595YH (4) 86 da/rj 3/ 4

H.F. 209 for no more than 30 days or a fine of at least $65 but not more 1 than $625 or by both. 2 -4- LSB 1595YH (4) 86 da/rj 4/ 4