House File 668 - Introduced HOUSE FILE 668 BY HANSON A BILL FOR An Act providing for the incidental sale of unpasteurized milk, 1 or milk products manufactured from such milk, by producers 2 holding a permit issued by the department of agriculture and 3 land stewardship. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1671HH (4) 86 da/nh

H.F. 668 Section 1. Section 137D.1, subsection 3, Code 2015, is 1 amended to read as follows: 2 3. “Home food establishment” means a business on the 3 premises of a residence in which prepared food is created 4 for sale or resale, for consumption off the premises, if the 5 business has gross annual sales of prepared food of less than 6 twenty thousand dollars. However, a home food establishment 7 does not include a any of the following: 8 a. A residence in which food is prepared to be used or sold 9 by churches, fraternal societies, charitable organizations, or 10 civic organizations. 11 b. The premises of a dairy farm where unpasteurized milk, 12 or a milk product manufactured from such milk, is sold by a 13 producer possessing a valid permit under section 192.107 to a 14 purchaser as provided in section 192.103A. 15 Sec. 2. Section 137F.1, subsection 7, Code 2015, is amended 16 by adding the following new paragraph: 17 NEW PARAGRAPH . n. The premises of a dairy farm where 18 unpasteurized milk, or a milk product manufactured from such 19 milk, is sold by a producer possessing a valid permit under 20 section 192.107 to a purchaser as provided in section 192.103A. 21 Sec. 3. Section 191.2, Code 2015, is amended by adding the 22 following new subsection: 23 NEW SUBSECTION . 5A. a. A bottle or other container holding 24 unpasteurized milk or a milk product manufactured for sale by 25 a producer as provided in section 192.103A shall contain the 26 following label: 27 Warning: This milk or milk product has not been pasteurized 28 and may contain harmful bacteria. Pregnant women, children, 29 the elderly, and individuals with lowered resistance to disease 30 have the highest risk of harm from use of this product. 31 b. The producer shall affix the label to the bottle or 32 other container prior to making the sale as provided in section 33 192.103A. 34 Sec. 4. Section 192.103, Code 2015, is amended to read as 35 -1- LSB 1671HH (4) 86 da/nh 1/ 4

H.F. 668 follows: 1 192.103 Sale of grade “A” milk to final consumer —— 2 impoundment of adulterated or misbranded milk —— exception . 3 1. Only grade “A” pasteurized milk and milk products 4 shall be sold to the final consumer, or to restaurants, soda 5 fountains, grocery stores, or similar establishments; except in 6 an emergency, the sale of pasteurized milk and milk products 7 which have not been graded, or the grade of which is unknown, 8 may be authorized by the secretary, in which case, such 9 products shall be labeled “ungraded”. 10 2. No person shall within the state produce, provide, sell, 11 offer, or expose for sale, or have in possession with intent 12 to sell, any milk or milk product which is adulterated or 13 misbranded; except, in an emergency, the sale of pasteurized 14 milk and milk products which have not been graded, or the grade 15 of which is unknown, may be authorized by the secretary, in 16 which case such products shall be labeled “ungraded”. 17 3. Any adulterated or misbranded milk or milk product 18 may be impounded by the secretary or authorized municipal 19 corporation and disposed of in accordance with applicable laws 20 or regulations. 21 4. Notwithstanding subsections 1 through 3, a producer 22 may incidentally sell unpasteurized milk, or a milk product 23 that the producer manufactured from such milk, as provided in 24 section 192.103A. 25 Sec. 5. NEW SECTION . 192.103A Sale of unpasteurized milk 26 or milk products. 27 1. As used in this section, “immediate family member” 28 means a spouse, son, daughter, brother, sister, uncle, aunt, 29 first cousin, nephew, niece, father-in-law, mother-in-law, 30 son-in-law, daughter-in-law, brother-in-law, sister-in-law, 31 father, mother, stepfather, stepmother, stepson, stepdaughter, 32 stepbrother, stepsister, half brother, or half sister. 33 2. A producer possessing a valid permit under section 34 192.107 may incidentally sell unpasteurized milk suitable to 35 -2- LSB 1671HH (4) 86 da/nh 2/ 4

H.F. 668 be processed as grade “A” pasteurized milk or a milk product 1 that the producer manufactures from such milk as provided in 2 this section. 3 3. The milk or milk product must be produced, sold, 4 and transferred at the producer’s dairy farm where the 5 unpasteurized milk is produced. 6 4. a. The milk or milk product must satisfy standards 7 established by the department which shall to every extent 8 feasible be based on the “Grade ‘A’ Pasteurized Milk Ordinance” 9 as provided in section 192.102. 10 b. The producer must furnish a container that holds the milk 11 or milk product. The container must be sanitized according to 12 requirements adopted by the department that to every extent 13 feasible shall be based on the “Grade ‘A’ Pasteurized Milk 14 Ordinance”. The producer shall affix a label to the container 15 as required pursuant to section 191.2 prior to the sale. 16 5. a. The sale of the milk or milk product must be made 17 on a retail basis to a purchaser who is an individual. The 18 milk or milk product shall not be used other than for personal 19 consumption by the purchaser or the purchaser’s immediate 20 family member. 21 b. Notwithstanding paragraph “a” , the purchaser or the 22 purchaser’s immediate family member may use the milk to 23 manufacture a milk product for the personal consumption of the 24 purchaser or an immediate family member of the purchaser. 25 Sec. 6. Section 192.122, Code 2015, is amended to read as 26 follows: 27 192.122 Milk bottles to be marked. 28 1. Bottles or jars used for the sale of milk shall have 29 clearly blown or permanently marked in the side of the bottle, 30 the capacity of the bottle, and on the bottom of the bottle 31 the name, initials, or certification mark of the manufacturer. 32 The designating number shall be furnished by the department on 33 request. 34 2. Subsection 1 does not apply to a bottle or jar that 35 -3- LSB 1671HH (4) 86 da/nh 3/ 4

H.F. 668 contains unpasteurized milk sold under section 192.103A. 1 EXPLANATION 2 The inclusion of this explanation does not constitute agreement with 3 the explanation’s substance by the members of the general assembly. 4 This bill amends the “Iowa Grade ‘A’ Milk Inspection 5 Law” (Code chapter 192), by allowing a person who operates 6 a dairy farm pursuant to a permit (permit holder) issued by 7 the department of agriculture and land stewardship to sell 8 milk that is unpasteurized or milk products manufactured from 9 such milk to individuals on a retail basis. The milk or milk 10 product must be sold on the premises of the dairy farm and used 11 for the personal consumption of the purchaser or immediate 12 family member. The purchaser or immediate family member may 13 use the milk to manufacture a milk product for consumption 14 by the same individuals. The person holding the permit is 15 responsible for sanitizing the milk container and labeling the 16 container. The person is exempted from regulations otherwise 17 applicable to food establishments (Code chapter 137F) or home 18 food establishments (Code chapter 137D) regulated by the 19 department of inspections and appeals. 20 -4- LSB 1671HH (4) 86 da/nh 4/ 4