HF 668 (LSB 1671HH (4) 86)

HOUSE FILE 668

BY  HANSON

A BILL FOR

An Act providing for the incidental sale of unpasteurized milk, or milk products manufactured from such milk, by producers holding a permit issued by the department of agriculture and land stewardship.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 137D.1, subsection 3, Code 2015, is amended to read as follows:
   3.  “Home food establishment” means a business on the premises of a residence in which prepared food is created for sale or resale, for consumption off the premises, if the business has gross annual sales of prepared food of less than twenty thousand dollars. However, a home food establishment does not include a any of the following:
   a.  A residence in which food is prepared to be used or sold by churches, fraternal societies, charitable organizations, or civic organizations.
   b.  The premises of a dairy farm where unpasteurized milk, or a milk product manufactured from such milk, is sold by a producer possessing a valid permit under section 192.107 to a purchaser as provided in section 192.103A.
    Sec. 2.  Section 137F.1, subsection 7, Code 2015, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  n.  The premises of a dairy farm where unpasteurized milk, or a milk product manufactured from such milk, is sold by a producer possessing a valid permit under section 192.107 to a purchaser as provided in section 192.103A.
    Sec. 3.  Section 191.2, Code 2015, is amended by adding the following new subsection:
   NEW SUBSECTION.  5A.  a.  A bottle or other container holding unpasteurized milk or a milk product manufactured for sale by a producer as provided in section 192.103A shall contain the following label:
   Warning: This milk or milk product has not been pasteurized and may contain harmful bacteria. Pregnant women, children, the elderly, and individuals with lowered resistance to disease have the highest risk of harm from use of this product.

   b.  The producer shall affix the label to the bottle or other container prior to making the sale as provided in section 192.103A.
    Sec. 4.  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 —— exception.
   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.  Notwithstanding subsections 1 through 3, a producer may incidentally sell unpasteurized milk, or a milk product that the producer manufactured from such milk, as provided in section 192.103A.
    Sec. 5.  NEW SECTION.  192.103A  Sale of unpasteurized milk or milk products.
   1.  As used in this section, “immediate family member” means a spouse, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, father, mother, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister.
   2.  A producer possessing a valid permit under section 192.107 may incidentally sell unpasteurized milk suitable to be processed as grade “A” pasteurized milk or a milk product that the producer manufactures from such milk as provided in this section.
   3.  The milk or milk product must be produced, sold, and transferred at the producer’s dairy farm where the unpasteurized milk is produced.
   4.  a.  The milk or milk product must satisfy standards established by the department which shall to every extent feasible be based on the “Grade ‘A’ Pasteurized Milk Ordinance” as provided in section 192.102.
   b.  The producer must furnish a container that holds the milk or milk product. The container must be sanitized according to requirements adopted by the department that to every extent feasible shall be based on the “Grade ‘A’ Pasteurized Milk Ordinance”. The producer shall affix a label to the container as required pursuant to section 191.2 prior to the sale.
   5.  a.  The sale of the milk or milk product must be made on a retail basis to a purchaser who is an individual. The milk or milk product shall not be used other than for personal consumption by the purchaser or the purchaser’s immediate family member.
   b.  Notwithstanding paragraph “a”, the purchaser or the purchaser’s immediate family member may use the milk to manufacture a milk product for the personal consumption of the purchaser or an immediate family member of the purchaser.
    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 a bottle or jar that contains unpasteurized milk sold under section 192.103A.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill amends the “Iowa Grade ‘A’ Milk Inspection Law” (Code chapter 192), by allowing a person who operates a dairy farm pursuant to a permit (permit holder) issued by the department of agriculture and land stewardship to sell milk that is unpasteurized or milk products manufactured from such milk to individuals on a retail basis. The milk or milk product must be sold on the premises of the dairy farm and used for the personal consumption of the purchaser or immediate family member. The purchaser or immediate family member may use the milk to manufacture a milk product for consumption by the same individuals. The person holding the permit is responsible for sanitizing the milk container and labeling the container. The person is exempted from regulations otherwise applicable to food establishments (Code chapter 137F) or home food establishments (Code chapter 137D) regulated by the department of inspections and appeals.