H.F. 2057 Section 1. Section 191.2, subsection 5, Code 2018, is 1 amended to read as follows: 2 5. All bottles, containers, and packages Except as provided 3 in subsection 5A, a container or package enclosing milk or a 4 milk products product shall be conspicuously labeled or marked 5 with all of the following : 6 a. The name of the contents as given in the definitions of 7 this chapter and chapters 190 and 192 . 8 b. The word “reconstituted” or “recombined” if the product 9 is made by reconstitution or recombination. 10 c. The grade of the contents. 11 d. The word “pasteurized” if the contents are pasteurized 12 and the identity of . The package or container shall identify 13 the plant where the milk or milk product is pasteurized. 14 e. The word “raw” if the contents are raw and the name or 15 other identity of the producer. 16 f. e. The designation vitamin “D” and the number of 17 U.S.P. units per quart in the case of vitamin “D” milk or milk 18 products. 19 g. f. The volume or proportion of water to be added for 20 recombining in the case of concentrated milk or milk products. 21 h. g. The words “nonfat milk solids added” and the 22 percentage added if such solids have been added, except that 23 this requirement shall not apply to reconstituted or recombined 24 milk and milk products. 25 i. h. The words “artificially sweetened” in the name if 26 nonnutritive or artificial sweeteners or both are used. 27 j. i. The common name of stabilizers, distillates, and 28 ingredients, provided that: 29 (1) Only the identity of the milk producer shall be required 30 on cans delivered to a milk plant as provided in chapter 192 31 which receives only grade “A” raw milk for pasteurization, and 32 which immediately dumps, washes, and returns the cans to the 33 milk producer. 34 (2) The identity of both milk producer and the grade shall 35 -1- LSB 5409YH (2) 87 da/rn 1/ 5

H.F. 2057 be required on cans delivered to a milk plant as provided 1 in chapter 192 which receives both grade “A” raw milk for 2 pasteurization and ungraded raw milk and which immediately 3 dumps, washes, and returns the cans to the milk producer. 4 (3) In the case of concentrated milk products, the specific 5 name of the product shall be substituted for the generic term 6 “concentrated milk products”, e.g., “homogenized concentrated 7 milk”, “concentrated skim milk”, “concentrated chocolate milk”, 8 “concentrated chocolate flavored low fat milk”. 9 (4) In the case of flavored milk or flavored reconstituted 10 milk, the name of the principal flavor shall be substituted for 11 the word “flavored”. 12 (5) In the case of cultured milk and milk products, 13 the special type culture used may be substituted for the 14 word “cultured”, e.g., “acidophilus buttermilk”, “Bulgarian 15 buttermilk”, and “yogurt”. 16 Sec. 2. Section 191.2, Code 2018, is amended by adding the 17 following new subsection: 18 NEW SUBSECTION . 5A. A bottle, container, or package 19 containing milk or a milk product that is unpasteurized or 20 ungraded and sold for commercial feed as provided in section 21 192.103 shall be conspicuously labeled or marked with the 22 following: 23 “It is not legal to sell raw or ungraded milk or a milk product 24 containing raw or ungraded milk for human consumption in Iowa. 25 This milk or milk product is intended to be used solely for 26 commercial feed to be consumed by animals.” 27 Sec. 3. Section 192.103, Code 2018, is amended to read as 28 follows: 29 192.103 Sale of grade “A” milk to final consumer —— 30 impoundment of adulterated or misbranded milk —— exceptions . 31 1. Only grade “A” pasteurized milk and milk products 32 shall be sold to the final consumer, or to restaurants, soda 33 fountains, grocery stores, or similar establishments; except in 34 an emergency, the sale of pasteurized milk and milk products 35 -2- LSB 5409YH (2) 87 da/rn 2/ 5

H.F. 2057 which have not been graded, or the grade of which is unknown, 1 may be authorized by the secretary, in which case, such 2 products shall be labeled “ungraded”. 3 2. No A person shall not within the state produce, provide, 4 sell, offer, or expose for sale, or have in possession with 5 intent to sell, any milk or milk product which is adulterated 6 or misbranded; except, in an emergency, the sale of pasteurized 7 milk and milk products which have not been graded, or the grade 8 of which is unknown, may be authorized by the secretary, in 9 which case such products shall be labeled “ungraded”. 10 3. Any adulterated or misbranded milk or milk product 11 may be impounded by the secretary or authorized municipal 12 corporation and disposed of in accordance with applicable laws 13 or regulations. 14 4. a. Notwithstanding subsections 1 through 3, a person 15 who operates a dairy farm may sell milk or a milk product 16 that is unpasteurized or ungraded, if it is produced at that 17 dairy farm and sold to an individual as commercial feed for 18 animals as defined in section 198.3. The person must label the 19 bottle, container, or package containing milk or a milk product 20 as provided in section 191.2, subsection 5A. The person may 21 deliver or cause to be delivered such milk or milk product to 22 a location specified by the individual. An individual who 23 purchases the milk or milk product shall not resell it. 24 b. As used in paragraph “a” , “sell” means to transfer title 25 or possession, by exchange or barter, in any manner or by 26 any means or agreement. “Sell” includes any transaction that 27 involves the transfer of milk or a milk product or the right to 28 acquire milk or a milk product through barter or contractual 29 arrangement or in exchange for any other form of compensation 30 including but not limited to the sale of shares or interest in 31 a cow, goat, or other lactating animal or herd. 32 Sec. 4. NEW SECTION . 192.113A Penalty —— persons purchasing 33 milk or milk products for commercial feed. 34 A person who purchases milk or a milk product for commercial 35 -3- LSB 5409YH (2) 87 da/rn 3/ 5

H.F. 2057 feed and resells the milk or milk product is guilty of a simple 1 misdemeanor as provided in section 189.21. 2 Sec. 5. NEW SECTION . 192.114 Exception —— dairy farms 3 selling milk or milk products for commercial feed. 4 A person who operates a dairy farm is not required to obtain 5 a permit or to comply with inspection requirements as otherwise 6 provided in this chapter, if the person produces milk or a 7 milk product at that dairy farm for sale to an individual as 8 commercial feed as provided in section 192.103. However, this 9 exception does not apply to the extent that the person or the 10 person’s dairy farm also operates to produce milk or a milk 11 product other than for commercial feed as provided in that 12 section. 13 Sec. 6. Section 192.122, Code 2018, is amended to read as 14 follows: 15 192.122 Milk bottles to be marked —— exception . 16 1. Bottles or jars used for the sale of milk shall have 17 clearly blown or permanently marked in the side of the bottle, 18 the capacity of the bottle, and on the bottom of the bottle 19 the name, initials, or certification mark of the manufacturer. 20 The designating number shall be furnished by the department on 21 request. 22 2. Subsection 1 does not apply to bottles or jars used for 23 the sale of milk that is unpasteurized or ungraded and sold for 24 commercial feed as provided in section 192.103. 25 Sec. 7. NEW SECTION . 198.21 Milk and milk product 26 exception. 27 This chapter does not apply to a person who operates a dairy 28 farm and who sells milk or a milk product to an individual as 29 commercial feed as provided in section 192.103. 30 EXPLANATION 31 The inclusion of this explanation does not constitute agreement with 32 the explanation’s substance by the members of the general assembly. 33 This bill provides that a person who operates a dairy farm 34 may sell milk or a milk product that is unpasteurized or 35 -4- LSB 5409YH (2) 87 da/rn 4/ 5

H.F. 2057 ungraded, if it is produced at that dairy farm and sold to an 1 individual as commercial feed for animals. The person would 2 not be required to obtain a permit or comply with inspection 3 requirements as otherwise provided in the “Iowa Grade ‘A’ Milk 4 Inspection Law” (Code chapter 192). The person also would 5 not be required to obtain a license or comply with inspection 6 requirements under the “Iowa Commercial Feed Law” (Code chapter 7 198). The bill requires that a container holding unpasteurized 8 or ungraded milk or a milk product be conspicuously labeled 9 (Code section 191.2). A person who purchases milk or a milk 10 product for commercial feed for resale is guilty of a simple 11 misdemeanor (new Code section 192.113A). A simple misdemeanor 12 is punishable by confinement for no more than 30 days or a fine 13 of at least $65 but not more than $625 or by both. 14 -5- LSB 5409YH (2) 87 da/rn 5/ 5