Senate File 2112 - Introduced SENATE FILE 2112 BY STAED A BILL FOR An Act eliminating provisions relating to raw milk, including 1 the production of raw milk at certain dairies, the 2 manufacture of products using raw milk, and the labeling and 3 distribution of raw milk and manufactured products. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5172XS (3) 91 da/js

S.F. 2112 Section 1. Section 137.104, subsection 2, paragraph e, Code 1 2026, is amended by striking the paragraph. 2 Sec. 2. Section 137F.1, subsection 9, paragraph o, Code 3 2026, is amended by striking the paragraph. 4 Sec. 3. Section 137F.1, subsection 10, paragraph d, Code 5 2026, is amended by striking the paragraph. 6 Sec. 4. Section 159.6, subsection 6, Code 2026, is amended 7 to read as follows: 8 6. a. Regulation and inspection of foods, drugs, and other 9 articles, as provided in subtitle 4 . However, 10 b. Notwithstanding paragraph “a” , chapter 205 shall be 11 enforced as provided in that chapter. Except as expressly 12 authorized in subtitle 4 , the department shall not regulate any 13 of the following: 14 a. The production, processing, labeling, marketing, or 15 distribution of raw milk by a raw milk producer in compliance 16 with chapter 195 . 17 b. The manufacture, labeling, marketing, or distribution 18 of a raw milk product or raw milk dairy product by a raw milk 19 producer in compliance with chapter 195 . 20 Sec. 5. Section 190.2, subsection 3, Code 2026, is amended 21 by striking the subsection. 22 Sec. 6. Section 191.2, subsection 5, unnumbered paragraph 23 1, Code 2026, is amended to read as follows: 24 Except as provided in subsection 6 , a A container or package 25 enclosing milk or a milk product shall be conspicuously labeled 26 or marked with all of the following: 27 Sec. 7. Section 191.2, subsection 6, Code 2026, is amended 28 by striking the subsection. 29 Sec. 8. Section 192.103, subsection 1, Code 2026, is amended 30 to read as follows: 31 1. a. 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 as 34 follows: . 35 -1- LSB 5172XS (3) 91 da/js 1/ 3

S.F. 2112 a. b. In Notwithstanding paragraph “a” , in an emergency, 1 the sale of pasteurized milk and milk products that have 2 not been graded, or the grade of which is unknown, may be 3 authorized by the secretary, in which case, such products shall 4 be labeled “ungraded”. 5 b. A raw milk producer may distribute raw milk, or a 6 manufactured raw milk product or raw milk dairy product, in 7 compliance with chapter 195 . 8 Sec. 9. REPEAL. Sections 135.16B, 137D.2A, 137F.8B, and 9 194.22, Code 2026, are repealed. 10 Sec. 10. REPEAL. Chapter 195, Code 2026, is repealed. 11 EXPLANATION 12 The inclusion of this explanation does not constitute agreement with 13 the explanation’s substance by the members of the general assembly. 14 BACKGROUND. The United States food and drug administration 15 prohibits the delivery of unpasteurized milk, or associated 16 products manufactured using unpasteurized milk, in interstate 17 commerce (21 C.F.R. pt. 1240). Generally, the department 18 of agriculture and land stewardship (DALS) regulates the 19 production, processing, and intrastate sale of milk, including 20 under the “Pasteurized Milk Ordinance” (Code chapter 192). In 21 2023, the general assembly enacted Senate File 315 (2023 Iowa 22 Acts, chapter 75), which allows a raw milk producer to elect 23 to produce, process, market, or distribute raw milk; or to 24 use the raw milk to manufacture, market, or distribute a raw 25 milk product or raw milk dairy product subject to a number of 26 restrictions (Code chapter 195). Under the 2023 Act, DALS is 27 prohibited from regulating a raw milk dairy, the distribution 28 of raw milk, or a raw milk product or raw milk dairy product 29 manufactured at the raw milk dairy. The 2023 Act provides that 30 the department of health and human services or a local board 31 of health may demand that a raw milk producer provide records 32 of the dairy’s operations, if an affidavit is signed by a 33 licensed physician certifying that an individual contracted an 34 illness as a result of consuming raw milk produced at the raw 35 -2- LSB 5172XS (3) 91 da/js 2/ 3

S.F. 2112 milk dairy, or a raw milk product or a raw milk dairy product 1 manufactured at the raw milk dairy. 2 BILL’S PROVISIONS. This bill eliminates the provisions 3 enacted in the 2023 Act. 4 -3- LSB 5172XS (3) 91 da/js 3/ 3