SF 2112 (LSB 5172XS (3) 91)

SENATE FILE 2112

BY  STAED

A BILL FOR

An Act eliminating provisions relating to raw milk, including the production of raw milk at certain dairies, the manufacture of products using raw milk, and the labeling and distribution of raw milk and manufactured products.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 137.104, subsection 2, paragraph e, Code 2026, is amended by striking the paragraph.
    Sec. 2.  Section 137F.1, subsection 9, paragraph o, Code 2026, is amended by striking the paragraph.
    Sec. 3.  Section 137F.1, subsection 10, paragraph d, Code 2026, is amended by striking the paragraph.
    Sec. 4.  Section 159.6, subsection 6, Code 2026, is amended to read as follows:
   6.  a.  Regulation and inspection of foods, drugs, and other articles, as provided in  subtitle 4. However,
   b.  Notwithstanding paragraph “a”, chapter 205 shall be enforced as provided in that chapter. Except as expressly authorized in subtitle 4, the department shall not regulate any of the following:
   a.  The production, processing, labeling, marketing, or distribution of raw milk by a raw milk producer in compliance with chapter 195.
   b.  The manufacture, labeling, marketing, or distribution of a raw milk product or raw milk dairy product by a raw milk producer in compliance with chapter 195.
    Sec. 5.  Section 190.2, subsection 3, Code 2026, is amended by striking the subsection.
    Sec. 6.  Section 191.2, subsection 5, unnumbered paragraph 1, Code 2026, is amended to read as follows:
   Except as provided in subsection 6, a A container or package enclosing milk or a milk product shall be conspicuously labeled or marked with all of the following:
    Sec. 7.  Section 191.2, subsection 6, Code 2026, is amended by striking the subsection.
    Sec. 8.  Section 192.103, subsection 1, Code 2026, is amended to read as follows:
   1.  a.  Only grade “A” pasteurized milk and milk products shall be sold to the final consumer, or to restaurants, soda fountains, grocery stores, or similar establishments except as follows:. 
   a.  b.  In Notwithstanding paragraph “a”, in an emergency, the sale of pasteurized milk and milk products that have not been graded, or the grade of which is unknown, may be authorized by the secretary, in which case, such products shall be labeled “ungraded”.
   b.  A raw milk producer may distribute raw milk, or a manufactured raw milk product or raw milk dairy product, in compliance with chapter 195.
    Sec. 9.  REPEAL.  Sections 135.16B, 137D.2A, 137F.8B, and 194.22, Code 2026, are repealed.
    Sec. 10.  REPEAL.  Chapter 195, Code 2026, is repealed.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   BACKGROUND. The United States food and drug administration prohibits the delivery of unpasteurized milk, or associated products manufactured using unpasteurized milk, in interstate commerce (21 C.F.R. pt. 1240). Generally, the department of agriculture and land stewardship (DALS) regulates the production, processing, and intrastate sale of milk, including under the “Pasteurized Milk Ordinance” (Code chapter 192). In 2023, the general assembly enacted Senate File 315 (2023 Iowa Acts, chapter 75), which allows a raw milk producer to elect to produce, process, market, or distribute raw milk; or to use the raw milk to manufacture, market, or distribute a raw milk product or raw milk dairy product subject to a number of restrictions (Code chapter 195). Under the 2023 Act, DALS is prohibited from regulating a raw milk dairy, the distribution of raw milk, or a raw milk product or raw milk dairy product manufactured at the raw milk dairy. The 2023 Act provides that the department of health and human services or a local board of health may demand that a raw milk producer provide records of the dairy’s operations, if an affidavit is signed by a licensed physician certifying that an individual contracted an illness as a result of consuming raw milk produced at the raw milk dairy, or a raw milk product or a raw milk dairy product manufactured at the raw milk dairy.
   BILL’S PROVISIONS. This bill eliminates the provisions enacted in the 2023 Act.