Senate
File
2309
-
Introduced
SENATE
FILE
2309
BY
COMMITTEE
ON
COMMERCE
(SUCCESSOR
TO
SSB
3126)
A
BILL
FOR
An
Act
relating
to
milk
and
associated
products,
by
providing
1
for
certain
items
relating
to
milk
to
be
transferred
2
directly
by
operators
of
dairy
farms,
providing
for
the
3
labeling
of
unpasteurized
and
ungraded
milk
and
products,
4
and
making
penalties
applicable.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
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5946SV
(1)
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da/ns
S.F.
2309
Section
1.
Section
159.6,
subsection
6,
Code
2022,
is
1
amended
to
read
as
follows:
2
6.
Regulation
and
inspection
of
foods,
drugs,
and
other
3
articles,
as
provided
in
Title
V,
subtitle
4
,
but
.
However,
4
chapter
205
of
that
subtitle
shall
be
enforced
as
provided
in
5
that
chapter.
Except
as
expressly
authorized
in
subtitle
4,
6
the
department
shall
not
regulate
any
of
the
following:
7
a.
The
production,
processing,
labeling,
or
marketing
of
8
milk,
if
the
milk
is
produced
by
a
person
operating
a
dairy
9
farm
in
compliance
with
section
192.145.
10
b.
The
manufacturing,
labeling,
or
marketing
of
a
milk
11
product
or
dairy
product,
if
the
milk
product
or
dairy
12
product
is
manufactured
by
a
person
operating
a
dairy
farm
in
13
compliance
with
section
192.145.
14
Sec.
2.
Section
191.2,
subsection
5,
Code
2022,
is
amended
15
to
read
as
follows:
16
5.
All
bottles,
containers,
and
packages
Bottles,
17
containers,
and
packages.
Except
as
provided
in
subsection
18
5A,
a
container
or
package
enclosing
milk
or
a
milk
products
19
product
shall
be
conspicuously
labeled
or
marked
with
all
of
20
the
following
:
21
a.
The
name
of
the
contents
as
given
in
the
definitions
of
22
this
chapter
and
chapters
190
and
192
.
23
b.
The
word
“reconstituted”
or
“recombined”
if
the
product
24
is
made
by
reconstitution
or
recombination.
25
c.
The
grade
of
the
contents.
26
d.
The
word
“pasteurized”
if
the
contents
are
pasteurized
27
and
the
identity
of
.
The
package
or
container
shall
identify
28
the
plant
where
the
milk
or
milk
product
is
pasteurized.
29
e.
The
word
“raw”
if
the
contents
are
raw
and
the
name
or
30
other
identity
of
the
producer.
31
f.
e.
The
designation
vitamin
“D”
and
the
number
of
32
U.S.P.
units
per
quart
in
the
case
of
vitamin
“D”
milk
or
milk
33
products.
34
g.
f.
The
volume
or
proportion
of
water
to
be
added
for
35
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recombining
in
the
case
of
concentrated
milk
or
milk
products.
1
h.
g.
The
words
“nonfat
milk
solids
added”
and
the
2
percentage
added
if
such
solids
have
been
added,
except
that
3
this
requirement
shall
not
apply
to
reconstituted
or
recombined
4
milk
and
milk
products.
5
i.
h.
The
words
“artificially
sweetened”
in
the
name
if
6
nonnutritive
or
artificial
sweeteners
or
both
are
used.
7
j.
i.
The
common
name
of
stabilizers,
distillates,
and
8
ingredients,
provided
that:
9
(1)
Only
the
identity
of
the
milk
producer
shall
be
required
10
on
cans
delivered
to
a
milk
plant
as
provided
in
chapter
192
11
which
receives
only
grade
“A”
raw
milk
for
pasteurization,
and
12
which
immediately
dumps,
washes,
and
returns
the
cans
to
the
13
milk
producer.
14
(2)
The
identity
of
both
milk
producer
and
the
grade
shall
15
be
required
on
cans
delivered
to
a
milk
plant
as
provided
16
in
chapter
192
which
receives
both
grade
“A”
raw
milk
for
17
pasteurization
and
ungraded
raw
milk
and
which
immediately
18
dumps,
washes,
and
returns
the
cans
to
the
milk
producer.
19
(3)
In
the
case
of
concentrated
milk
products,
the
specific
20
name
of
the
product
shall
be
substituted
for
the
generic
term
21
“concentrated
milk
products”,
e.g.,
“homogenized
concentrated
22
milk”,
“concentrated
skim
milk”,
“concentrated
chocolate
milk”,
23
“concentrated
chocolate
flavored
low
fat
milk”.
24
(4)
In
the
case
of
flavored
milk
or
flavored
reconstituted
25
milk,
the
name
of
the
principal
flavor
shall
be
substituted
for
26
the
word
“flavored”.
27
(5)
In
the
case
of
cultured
milk
and
milk
products,
28
the
special
type
culture
used
may
be
substituted
for
the
29
word
“cultured”,
e.g.,
“acidophilus
buttermilk”,
“Bulgarian
30
buttermilk”,
and
“yogurt”.
31
Sec.
3.
Section
191.2,
Code
2022,
is
amended
by
adding
the
32
following
new
subsection:
33
NEW
SUBSECTION
.
5A.
Unpasteurized
milk
and
milk
products.
A
34
container
holding
unpasteurized
milk
or
a
milk
product
35
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2309
containing
unpasteurized
milk
shall
be
labeled
as
required
in
1
section
191.9A.
2
Sec.
4.
NEW
SECTION
.
191.9A
Dairy
farms
——
sale
of
3
unpasteurized
milk
and
milk
products.
4
1.
A
person
who
operates
a
dairy
farm
as
provided
in
chapter
5
192
and
who
sells
unpasteurized
milk,
a
milk
product
containing
6
unpasteurized
milk,
or
a
dairy
product
containing
unpasteurized
7
milk
to
an
individual
in
compliance
with
section
192.145
8
shall
label
the
container
holding
the
milk,
milk
product,
or
9
dairy
product.
The
label
shall
be
permanently
affixed
to
the
10
container.
The
words
on
the
label
shall
be
printed
using
upper
11
case
letters
in
at
least
twelve
point
boldface
type.
If
the
12
container
includes
a
main
informational
or
advertising
panel,
13
the
label
shall
be
part
of
the
panel.
14
2.
a.
For
a
container
holding
unpasteurized
milk,
the
label
15
shall
state
the
following:
16
Notice
to
Consumers
17
This
container
holds
raw
milk
not
subject
to
state
18
inspection
or
other
public
health
regulations
that
require
19
pasteurization
and
grading.
20
b.
For
a
container
holding
a
milk
product
or
dairy
product,
21
the
label
shall
state
the
following:
22
Notice
to
Consumers
23
This
container
holds
a
raw
milk
product
or
dairy
product
that
24
includes
raw
milk
not
subject
to
state
inspection
or
other
25
public
health
regulations
that
require
pasteurization
and
26
grading.
27
Sec.
5.
Section
192.103,
subsections
1
and
2,
Code
2022,
are
28
amended
to
read
as
follows:
29
1.
Only
grade
“A”
pasteurized
milk
and
milk
products
30
shall
be
sold
to
the
final
consumer,
or
to
restaurants,
soda
31
fountains,
grocery
stores,
or
similar
establishments
.
However,
32
in
an
except
as
follows:
33
a.
In
an
emergency,
the
sale
of
pasteurized
milk
and
milk
34
products
which
have
not
been
graded,
or
the
grade
of
which
is
35
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unknown,
may
be
authorized
by
the
secretary,
in
which
case,
1
such
products
shall
be
labeled
“ungraded”.
2
b.
A
person
who
operates
a
dairy
farm
may
sell
milk
or
3
a
milk
product
to
an
individual
in
compliance
with
section
4
192.145.
5
2.
No
A
person
shall
not
within
the
state
produce,
provide,
6
sell,
offer,
or
expose
for
sale,
or
have
in
possession
with
7
intent
to
sell,
any
milk
or
milk
product
which
is
adulterated
8
or
misbranded.
However,
in
an
emergency,
the
sale
of
9
pasteurized
milk
and
milk
products
which
have
not
been
graded,
10
or
the
grade
of
which
is
unknown,
may
be
authorized
by
the
11
secretary,
in
which
case
such
products
shall
be
labeled
12
“ungraded”.
13
Sec.
6.
NEW
SECTION
.
192.144
Definitions.
14
As
used
in
this
subchapter,
unless
the
context
otherwise
15
requires:
16
1.
“Dairy
product”
means
a
product,
other
than
a
milk
17
product,
in
which
milk
is
the
principal
ingredient
at
any
18
temperature
and
in
either
a
manufactured
or
unmanufactured
19
state.
To
the
extent
that
it
is
not
classified
as
a
milk
20
product,
a
dairy
product
includes
but
is
not
limited
to
butter,
21
cheese,
cream,
cottage
cheese,
ricotta
cheese,
kefir,
or
ice
22
cream.
23
2.
“Manufacture”
means
to
convert
or
condition
personal
24
property
by
changing
the
form,
composition,
quality,
or
25
character
of
a
product,
and
includes
activities
associated
with
26
a
creamery
or
cheese
factory.
27
Sec.
7.
NEW
SECTION
.
192.145
On-farm
production,
28
processing,
manufacturing,
and
marketing.
29
1.
A
person
who
operates
a
dairy
farm
may
do
any
of
the
30
following:
31
a.
Produce
milk
at
the
dairy
farm
or
process
the
milk
at
32
the
dairy
farm,
if
the
person
does
not
sell
the
milk.
This
33
paragraph
does
not
prevent
the
person
from
disposing
of
the
34
milk
without
receiving
compensation.
35
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b.
Produce
milk
at
the
dairy
farm
or
process
the
milk
at
1
the
dairy
farm,
if
the
person
sells
the
milk
to
an
individual,
2
regardless
of
whether
the
milk
is
unpasteurized
or
ungraded.
3
The
milk
must
be
sold
to
the
individual
on
a
retail
basis
and
4
not
for
resale.
The
person
may
deliver
the
milk
or
cause
the
5
milk
to
be
delivered
to
a
location
specified
by
the
individual.
6
An
individual
who
receives
the
milk
shall
not
resell
it.
7
2.
A
person
who
operates
a
dairy
farm
may
manufacture
a
8
milk
product
or
dairy
product
at
the
dairy
farm
by
using
milk
9
produced
at
the
dairy
farm,
if
any
of
the
following
apply:
10
a.
The
person
does
not
sell
the
milk
product
or
dairy
11
product.
This
paragraph
does
not
prevent
the
person
from
12
disposing
of
the
milk
product
or
dairy
product
without
13
receiving
compensation.
14
b.
The
person
sells
the
milk
product
or
dairy
product
to
15
an
individual,
regardless
of
whether
the
milk
product
or
dairy
16
product
is
unpasteurized
or
ungraded.
The
milk
product
or
17
dairy
product
must
be
sold
to
the
individual
on
a
retail
basis
18
and
not
for
resale.
The
person
may
deliver
the
product
or
19
cause
the
product
to
be
delivered
to
a
location
specified
by
20
the
individual.
An
individual
who
receives
the
milk
product
or
21
dairy
product
shall
not
resell
it.
22
3.
A
person
who
operates
a
dairy
farm
shall
not
be
subject
23
to
regulation
by
the
department
for
acting
in
compliance
with
24
this
section.
Such
regulation
includes
but
is
not
limited
to
25
licensing,
permitting,
or
inspection
requirements
under
this
26
chapter
or
chapter
194.
27
Sec.
8.
NEW
SECTION
.
194.22
On-farm
production,
processing,
28
manufacturing,
and
marketing
——
exception.
29
This
chapter
does
not
apply
to
any
of
the
following:
30
1.
The
production,
processing,
or
marketing
of
milk,
if
31
the
milk
is
produced
by
a
person
operating
a
dairy
farm
in
32
compliance
with
section
192.145.
33
2.
The
manufacturing
or
marketing
of
a
milk
product
or
dairy
34
product,
if
the
milk
product
or
dairy
product
is
manufactured
35
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by
a
person
operating
a
dairy
farm
in
compliance
with
section
1
192.145.
2
EXPLANATION
3
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
4
the
explanation’s
substance
by
the
members
of
the
general
assembly.
5
BACKGROUND.
This
bill
amends
provisions
affecting
persons
6
who
operate
dairy
farms,
including
provisions
for
the
7
processing
of
milk
and
the
manufacture
of
milk
products
and
8
dairy
products
on
such
farms.
The
provisions
are
administered
9
and
enforced
by
the
department
of
agriculture
and
land
10
stewardship
(DALS).
11
Generally,
statutory
provisions
and
departmental
rules
12
regulating
milk
are
based
on
model
legislation
referred
to
13
as
the
“Grade
‘A’
Pasteurized
Milk
Ordinance”
(Code
section
14
192.101A).
The
“Grade
‘A’
Pasteurized
Milk
Ordinance”
defines
15
a
milk
product
as
including
cream,
sour
cream,
dry
milk,
16
concentrated
milk,
eggnog,
buttermilk,
and
yogurt.
All
food
17
offered
or
exposed
for
sale
must
be
labeled
(Code
section
18
191.1).
All
milk
must
be
sold
on
the
basis
of
grade
(Code
19
section
194.10)
and
only
grade
“A”
pasteurized
milk
and
milk
20
products
can
be
sold
to
the
final
consumer
(Code
section
21
192.103).
Grade
“B”
milk
may
be
sold
for
manufacturing
22
purposes
(21
IAC
68.2).
All
dairy
farms
selling
grade
“A”
or
23
grade
“B”
milk
must
be
issued
a
permit
by
DALS
(21
IAC
68.2).
24
BILL’S
PROVISIONS.
The
bill
provides
that
these
regulatory
25
provisions
do
not
apply
to
a
person
who
operates
a
dairy
farm.
26
The
person
may
produce
milk
and
dispose
of
it
or
sell
it
to
27
an
individual
on
a
retail
basis.
The
operator
may
deliver
28
the
milk
to
a
location
specified
by
the
individual.
The
bill
29
also
provides
that
the
regulatory
provisions
do
not
apply
to
30
the
operator
of
a
dairy
farm
who
manufactures
a
milk
product
31
or
dairy
product,
who
may
dispose
of
the
product
or
sell
it
32
in
the
same
manner
as
milk
originating
from
the
dairy
farm.
33
A
milk
product
is
defined
by
the
“Grade
‘A’
Pasteurized
Milk
34
Ordinance”
and
includes
cream
or
yogurt.
A
dairy
product
35
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includes
a
product
other
than
a
milk
product
whose
principal
1
ingredient
is
milk
(e.g.,
ice
cream).
The
bill
provides
for
2
the
labeling
of
unpasteurized
and
ungraded
milk,
or
a
product
3
that
includes
such
milk.
4
APPLICABLE
PENALTIES.
A
person
who
violates
the
bill’s
5
provisions
is
guilty
of
a
simple
misdemeanor
(Code
section
6
189.21).
A
simple
misdemeanor
is
punishable
by
confinement
for
7
no
more
than
30
days
and
a
fine
of
at
least
$105
but
not
more
8
than
$855.
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