House
Study
Bill
222
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
WAYS
AND
MEANS
BILL
BY
CHAIRPERSON
KAUFMANN)
A
BILL
FOR
An
Act
providing
for
the
distribution
of
raw
milk
and
1
associated
products.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
2379YC
(4)
91
da/ns
H.F.
_____
Section
1.
Section
195.1,
Code
2025,
is
amended
by
adding
1
the
following
new
subsections:
2
NEW
SUBSECTION
.
3A.
“Distribution
point”
means
a
raw
milk
3
producer’s
dairy
farm,
a
farmers
market,
or
a
grocery
store.
4
NEW
SUBSECTION
.
3B.
“Farmers
market”
means
the
same
as
5
defined
in
section
137F.1,
that
is
licensed
by
the
department
6
of
inspections,
appeals,
and
licensing
pursuant
to
section
7
137F.4
to
sell
Iowa-produced
farm
products
on
a
retail
basis
8
for
consumption
off
the
premises.
9
NEW
SUBSECTION
.
3C.
“Grocery
store”
means
a
food
10
establishment
as
defined
in
section
137F.1,
that
is
licensed
by
11
the
department
of
inspections,
appeals,
and
licensing
pursuant
12
to
section
137F.4
to
sell
food
or
food
products
to
customers
13
intended
for
preparation
or
consumption
off
the
premises.
14
Sec.
2.
Section
195.5,
Code
2025,
is
amended
to
read
as
15
follows:
16
195.5
General
——
election
by
raw
milk
producer.
17
A
raw
milk
producer
may
elect
to
produce,
process,
or
market
,
18
or
distribute
raw
milk
at
the
raw
milk
producer’s
raw
milk
19
dairy
in
compliance
with
this
chapter
.
A
raw
milk
producer
20
may
also
elect
to
use
the
raw
milk
to
manufacture,
or
market
,
21
or
distribute
a
raw
milk
product
or
raw
milk
dairy
product
at
22
the
raw
milk
producer’s
raw
milk
dairy
in
compliance
with
this
23
chapter
.
A
raw
milk
producer
may
elect
to
market
or
distribute
24
raw
milk,
a
raw
milk
product,
or
a
raw
milk
dairy
product
to
25
individuals
at
a
distribution
point.
26
Sec.
3.
Section
195.8,
Code
2025,
is
amended
by
striking
the
27
section
and
inserting
in
lieu
thereof
the
following:
28
195.8
Distribution
of
raw
milk
or
associated
products.
29
1.
a.
A
raw
milk
producer
distributing
raw
milk
at
a
30
distribution
point
shall,
upon
request
of
an
individual
being
31
distributed
the
raw
milk,
make
available
to
the
individual
a
32
copy
of
the
most
recent
summary
of
the
test
that
determines
the
33
coliform
count
and
standard
plate
count
of
the
dairy
animals
34
retained
at
the
raw
milk
dairy
owned
or
operated
by
the
raw
35
-1-
LSB
2379YC
(4)
91
da/ns
1/
5
H.F.
_____
milk
producer,
as
provided
in
section
195.6.
The
summary
shall
1
be
made
available
at
the
distribution
point.
2
b.
(1)
A
raw
milk
producer
distributing
raw
milk
at
3
the
raw
milk
producer’s
dairy
shall,
upon
request
of
an
4
individual
being
distributed
the
raw
milk,
make
available
to
5
the
individual
the
heath
records
of
the
dairy
animals
retained
6
at
the
raw
milk
dairy
as
provided
in
section
195.6.
The
health
7
records
must
include
all
of
the
following:
8
(a)
The
coliform
count
and
standard
plate
count
of
dairy
9
animals
maintained
at
a
raw
milk
dairy
owned
or
operated
by
the
10
raw
milk
producer.
11
(b)
The
administration
of
antibiotic
drugs
to
dairy
animals
12
maintained
at
a
raw
milk
dairy
owned
or
operated
by
the
raw
13
milk
producer.
14
(2)
The
health
records
shall
be
retained
at
the
raw
milk
15
producer’s
dairy.
16
(3)
An
individual’s
right
to
examine
a
raw
milk
producer’s
17
health
records
does
not
entitle
the
individual
to
make
a
18
reproduction
of
those
health
records.
19
c.
If
the
raw
milk
producer
offers
to
distribute
raw
milk
20
in
a
container,
the
container
shall
be
labeled
as
provided
in
21
section
195.9,
and
sanitized.
22
2.
a.
A
raw
milk
producer
distributing
a
raw
milk
product
23
or
raw
milk
dairy
product
at
a
distribution
point
shall,
upon
24
request
of
an
individual
being
distributed
the
raw
milk
product
25
or
raw
milk
dairy
product,
make
available
to
the
individual
a
26
copy
of
the
most
recent
summary
of
the
test
that
determines
the
27
coliform
count
and
standard
plate
count
of
the
dairy
animals
28
retained
at
the
raw
milk
dairy
owned
or
operated
by
the
raw
29
milk
producer,
as
provided
in
section
195.6.
The
summary
shall
30
be
made
available
at
the
distribution
point.
31
b.
(1)
A
raw
milk
producer
distributing
a
raw
milk
product
32
or
raw
milk
dairy
product
at
the
raw
milk
producer’s
dairy
33
shall,
upon
request
of
an
individual
being
distributed
the
raw
34
milk
product
or
raw
milk
dairy
product,
make
available
to
the
35
-2-
LSB
2379YC
(4)
91
da/ns
2/
5
H.F.
_____
individual
the
heath
records
of
the
dairy
animals
retained
at
1
the
raw
milk
dairy
as
provided
in
section
195.6.
The
health
2
records
must
include
all
of
the
following:
3
(a)
The
coliform
count
and
standard
plate
count
of
dairy
4
animals
maintained
at
a
raw
milk
dairy
owned
or
operated
by
the
5
raw
milk
producer.
6
(b)
The
administration
of
antibiotic
drugs
to
dairy
animals
7
maintained
at
a
raw
milk
dairy
owned
or
operated
by
the
raw
8
milk
producer.
9
(2)
The
health
records
shall
be
retained
at
the
raw
milk
10
producer’s
dairy.
11
(3)
An
individual’s
right
to
examine
a
raw
milk
producer’s
12
health
records
does
not
entitle
the
individual
to
make
a
13
reproduction
of
those
health
records.
14
c.
If
the
raw
milk
producer
offers
to
distribute
raw
milk
15
in
a
container,
the
container
shall
be
labeled
as
provided
in
16
section
195.9,
and
sanitized.
17
EXPLANATION
18
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
19
the
explanation’s
substance
by
the
members
of
the
general
assembly.
20
BACKGROUND
——
GENERAL.
2023
Iowa
Acts,
chapter
75,
21
authorized
the
production,
processing,
marketing,
and
22
distribution
of
raw
milk
at
a
raw
milk
dairy,
and
the
23
manufacture
of
a
product
using
that
raw
milk
when
distributed
24
and
intended
for
human
consumption
(Code
chapter
195).
A
raw
25
milk
dairy
farm
is
not
subject
to
regulation
by
the
department
26
of
agriculture
and
land
stewardship
under
the
Grade
“A”
27
Pasteurized
Milk
Ordinance
(Code
chapter
192).
28
BACKGROUND
——
TERMINOLOGY.
The
term
“raw
milk”
refers
to
29
fluid
milk
that
is
unpasteurized
and
ungraded.
A
“raw
milk
30
dairy”
is
the
location
where
the
raw
milk
is
produced
from
31
10
or
fewer
dairy
animals
(cows,
sheep,
or
goats).
A
“raw
32
milk
producer”
is
a
milk
producer
who
owns
or
operates
a
raw
33
milk
dairy.
A
“raw
milk
dairy
product”
refers
to
a
product,
34
other
than
a
raw
milk
product,
manufactured
using
milk
or
35
-3-
LSB
2379YC
(4)
91
da/ns
3/
5
H.F.
_____
a
milk
product
as
the
primary
ingredient
and
includes
any
1
quantity
of
raw
milk.
A
“raw
milk
product”
refers
to
a
product
2
manufactured
using
milk
as
its
exclusive
ingredient
and
that
3
includes
any
quantity
of
raw
milk.
4
BACKGROUND
——
ANIMAL
HEALTH.
Each
12-month
period,
a
5
licensed
veterinarian
must
examine
dairy
animals
maintained
by
6
a
raw
milk
producer
at
a
raw
milk
dairy.
The
examination
must
7
at
least
include
a
blood
test
for
common
diseases
afflicting
8
the
type
of
dairy
animal
being
examined.
There
must
be
a
9
coliform
count
and
standard
plate
count.
The
raw
milk
producer
10
must
comply
with
United
States
food
and
drug
administration
11
regulations
when
administering
an
antibiotic
drug.
The
raw
12
milk
producer
must
also
retain
health
records
for
the
dairy
13
herd
for
three
years
(Code
section
195.6).
14
RESTRICTIONS
ON
DISTRIBUTION.
There
are
four
principal
15
restrictions
relating
to
the
distribution
of
raw
milk,
a
16
raw
milk
product,
or
a
raw
milk
dairy
product.
The
first
17
restriction
relates
to
order
and
delivery.
A
raw
milk
producer
18
can
only
distribute
raw
milk,
or
a
raw
milk
product
or
raw
19
milk
dairy
product,
to
an
individual
and
the
individual
must
20
place
an
order
to
the
raw
milk
producer.
The
raw
milk,
raw
21
milk
product,
or
raw
milk
dairy
product
cannot
be
delivered
to
22
a
place
of
business
where
food
or
food
items
are
distributed
on
23
a
retail
basis
(e.g.,
a
grocery
store).
The
second
restriction
24
relates
to
use.
The
raw
milk,
raw
milk
product,
or
raw
milk
25
dairy
product
must
be
consumed
by
the
individual
making
the
26
order,
or
members
of
the
individual’s
household
or
guests.
In
27
addition,
the
raw
milk,
raw
milk
product,
or
raw
milk
dairy
28
product
cannot
be
resold.
The
third
restriction
relates
to
29
consumer
information.
A
summary
of
the
test
results
must
30
be
posted
at
the
raw
milk
dairy’s
distribution
point
and
a
31
consumer
may
inspect
the
health
records
of
the
dairy
herd
32
maintained
at
the
raw
milk
dairy.
The
fourth
restriction
33
relates
to
labeling.
Any
container
holding
raw
milk,
raw
milk
34
product,
or
raw
milk
dairy
product
must
be
labeled
with
a
35
-4-
LSB
2379YC
(4)
91
da/ns
4/
5
H.F.
_____
notice
regarding
its
contents.
1
BILL’S
PROVISIONS.
This
bill
replaces
the
current
2
distribution
restrictions.
For
the
first
restriction,
3
the
distribution
point
is
expanded
to
include
two
food
4
establishments
regulated
by
the
department
of
inspections,
5
appeals,
and
licensing
or
a
political
subdivision
under
6
contract.
These
include
a
farmers
market
or
a
grocery
store
7
(Code
chapter
137F).
The
second
restriction,
limiting
8
consumption
to
the
individual
and
the
individual’s
household
9
and
guests,
and
prohibiting
resale,
is
eliminated.
The
third
10
restriction
has
been
revised
by
eliminating
a
requirement
that
11
recent
test
results
be
posted.
An
individual
visiting
a
raw
12
milk
dairy
is
not
entitled
to
reproduce
health
records.
The
13
fourth
restriction
has
been
revised
by
expressly
requiring
that
14
a
container
holding
raw
milk,
a
raw
milk
product,
or
a
raw
milk
15
dairy
product
be
sanitized.
16
-5-
LSB
2379YC
(4)
91
da/ns
5/
5