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