HF 209 (LSB 1595YH (4) 86)

HOUSE FILE 209

BY  HEARTSILL and BRANHAGEN

A BILL FOR

An Act providing for the sale of unpasteurized or ungraded milk or milk products produced at a dairy farm to an individual for use as commercial feed for animals and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 191.2, subsection 5, unnumbered paragraph 1, Code 2015, is amended to read as follows:

   All Except as provided in subsection 5A, all bottles, containers, and packages enclosing milk or milk products shall be conspicuously labeled or marked with all of the following:
    Sec. 2.  Section 191.2, Code 2015, is amended by adding the following new subsection:
   NEW SUBSECTION.  5A.  A bottle, container, or package containing milk or a milk product that is unpasteurized or ungraded and sold for commercial feed as provided in section 192.103 shall be conspicuously labeled or marked with the following:

“It is not legal to sell raw milk for human consumption in Iowa. This product is intended to be used solely for commercial feed to be consumed by animals.”
    Sec. 3.  Section 192.103, Code 2015, is amended to read as follows:
   192.103  Sale of grade “A” milk to final consumer —— impoundment of adulterated or misbranded milk —— exceptions.
   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 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”.
   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.
   4.  a.  Notwithstanding subsections 1 through 3, a person who operates a dairy farm may sell milk or a milk product that is unpasteurized or ungraded, if it is produced by that dairy farm and sold to an individual as commercial feed for animals as provided in chapter 198. The person must label the bottle, container, or package containing milk or a milk product as provided in section 191.2. The person 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.
   b.  As used in paragraph “a”, “sale” means a transfer of title or possession, exchange or barter, in any manner or by any means or agreement. “Sale” includes any transaction that involves the transfer of milk or a milk product or the right to acquire milk or a milk product through barter or contractual arrangement or in exchange for any other form of compensation including but not limited to the sale of shares or interest in a cow, goat, or other lactating animal or herd.
    Sec. 4.  NEW SECTION.  192.113A  Penalty —— persons purchasing milk or milk products for commercial feed.

   A person who purchases milk or a milk product for commercial feed and resells the milk or milk product is guilty of a simple misdemeanor as provided in section 189.21.
    Sec. 5.  NEW SECTION.  192.114  Exception —— dairy farms selling milk or milk products for commercial feed.

   A person who operates a dairy farm is not required to obtain a permit or to comply with inspection requirements as otherwise provided in this chapter, if the person produces milk or a milk product at that dairy farm for sale to an individual as commercial feed as provided in section 192.103. However, this exception does not apply to the extent that the person or the person’s dairy farm also operates to produce milk or a milk product other than for commercial feed as provided in that section.
    Sec. 6.  Section 192.122, Code 2015, is amended to read as follows:
   192.122  Milk bottles to be marked.
   1.  Bottles or jars used for the sale of milk shall have clearly blown or permanently marked in the side of the bottle, the capacity of the bottle, and on the bottom of the bottle the name, initials, or certification mark of the manufacturer. The designating number shall be furnished by the department on request.
   2.  Subsection 1 does not apply to bottles or jars used for the sale of milk that is unpasteurized or ungraded and sold for commercial feed as provided in section 192.103.
    Sec. 7.  NEW SECTION.  198.16  Milk and milk product exception.

   This chapter does not apply to a person who operates a dairy farm and who sells milk or a milk product to an individual as commercial feed as provided in section 192.103.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill provides that a person who operates a dairy farm may sell milk or a milk product that is unpasteurized or ungraded, if it is produced at that dairy farm and sold to an individual as commercial feed for animals. The person would not be required to obtain a permit or comply with inspection requirements as otherwise provided in the “Iowa Grade ‘A’ Milk Inspection Law” (Code chapter 192). The person also would not be required to obtain a license or comply with inspection requirements under the “Iowa Commercial Feed Law” (Code chapter 198). The bill requires that a container holding unpasteurized or ungraded milk or a milk product be conspicuously labeled. A person who purchases milk or a milk product for commercial feed for resale is guilty of a simple misdemeanor (new Code section 192.113A). A simple misdemeanor is punishable by confinement for no more than 30 days or a fine of at least $65 but not more than $625 or by both.