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Senate File 2309 - IntroducedA Bill ForAn Act 1relating to milk and associated products, by providing
2for certain items relating to milk to be transferred
3directly by operators of dairy farms, providing for the
4labeling of unpasteurized and ungraded milk and products,
5and making penalties applicable.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 159.6, subsection 6, Code 2022, is
2amended to read as follows:
36. Regulation and inspection of foods, drugs, and other
4articles, as provided in Title V, subtitle 4, but. However,
5 chapter 205 of that subtitle shall be enforced as provided in
6that chapter. Except as expressly authorized in subtitle 4,
7the department shall not regulate any of the following:
8a. The production, processing, labeling, or marketing of
9milk, if the milk is produced by a person operating a dairy
10farm in compliance with section 192.145.
11b. The manufacturing, labeling, or marketing of a milk
12product or dairy product, if the milk product or dairy
13product is manufactured by a person operating a dairy farm in
14compliance with section 192.145.
15 Sec. 2. Section 191.2, subsection 5, Code 2022, is amended
16to read as follows:
175. All bottles, containers, and packages Bottles,
18containers, and packages. Except as provided in subsection
195A, a container or package enclosing milk or a milk products
20 product shall be conspicuously labeled or marked with all of
21the following:
22a. The name of the contents as given in the definitions of
23this chapter and chapters 190 and 192.
24b. The word “reconstituted” or “recombined” if the product
25is made by reconstitution or recombination.
26c. The grade of the contents.
27d. The word “pasteurized” if the contents are pasteurized
28and the identity of. The package or container shall identify
29 the plant where the milk or milk product is pasteurized.
30e. The word “raw” if the contents are raw and the name or
31other identity of the producer.
32f. e. The designation vitamin “D” and the number of
33U.S.P. units per quart in the case of vitamin “D” milk or milk
34products.
35g. f. The volume or proportion of water to be added for
-1-1recombining in the case of concentrated milk or milk products.
2h. g. The words “nonfat milk solids added” and the
3percentage added if such solids have been added, except that
4this requirement shall not apply to reconstituted or recombined
5milk and milk products.
6i. h. The words “artificially sweetened” in the name if
7nonnutritive or artificial sweeteners or both are used.
8j. i. The common name of stabilizers, distillates, and
9ingredients, provided that:
10(1) Only the identity of the milk producer shall be required
11on cans delivered to a milk plant as provided in chapter 192
12which receives only grade “A” raw milk for pasteurization, and
13which immediately dumps, washes, and returns the cans to the
14milk producer.
15(2) The identity of both milk producer and the grade shall
16be required on cans delivered to a milk plant as provided
17in chapter 192 which receives both grade “A” raw milk for
18pasteurization and ungraded raw milk and which immediately
19dumps, washes, and returns the cans to the milk producer.
20(3) In the case of concentrated milk products, the specific
21name of the product shall be substituted for the generic term
22“concentrated milk products”, e.g., “homogenized concentrated
23milk”, “concentrated skim milk”, “concentrated chocolate milk”,
24“concentrated chocolate flavored low fat milk”.
25(4) In the case of flavored milk or flavored reconstituted
26milk, the name of the principal flavor shall be substituted for
27the word “flavored”.
28(5) In the case of cultured milk and milk products,
29the special type culture used may be substituted for the
30word “cultured”, e.g., “acidophilus buttermilk”, “Bulgarian
31buttermilk”, and “yogurt”.
32 Sec. 3. Section 191.2, Code 2022, is amended by adding the
33following new subsection:
34 NEW SUBSECTION. 5A. Unpasteurized milk and milk products. A
35container holding unpasteurized milk or a milk product
-2-1containing unpasteurized milk shall be labeled as required in
2section 191.9A.
3 Sec. 4. NEW SECTION. 191.9A Dairy farms — sale of
4unpasteurized milk and milk products.
51. A person who operates a dairy farm as provided in chapter
6192 and who sells unpasteurized milk, a milk product containing
7unpasteurized milk, or a dairy product containing unpasteurized
8milk to an individual in compliance with section 192.145
9shall label the container holding the milk, milk product, or
10dairy product. The label shall be permanently affixed to the
11container. The words on the label shall be printed using upper
12case letters in at least twelve point boldface type. If the
13container includes a main informational or advertising panel,
14the label shall be part of the panel.
152. a. For a container holding unpasteurized milk, the label
16shall state the following:
17Notice to Consumers
18This container holds raw milk not subject to state
19inspection or other public health regulations that require
20pasteurization and grading.
21b. For a container holding a milk product or dairy product,
22the label shall state the following:
23Notice to Consumers
24This container holds a raw milk product or dairy product that
25includes raw milk not subject to state inspection or other
26public health regulations that require pasteurization and
27grading.
28 Sec. 5. Section 192.103, subsections 1 and 2, Code 2022, are
29amended to read as follows:
301. Only grade “A” pasteurized milk and milk products
31shall be sold to the final consumer, or to restaurants, soda
32fountains, grocery stores, or similar establishments. However,
33in an except as follows:
34a. In anemergency, the sale of pasteurized milk and milk
35products which have not been graded, or the grade of which is
-3-1unknown, may be authorized by the secretary, in which case,
2such products shall be labeled “ungraded”.
3b. A person who operates a dairy farm may sell milk or
4a milk product to an individual in compliance with section
5192.145.
62. No A person shall not within the state produce, provide,
7sell, offer, or expose for sale, or have in possession with
8intent to sell, any milk or milk product which is adulterated
9or misbranded. However, in an emergency, the sale of
10pasteurized milk and milk products which have not been graded,
11or the grade of which is unknown, may be authorized by the
12secretary, in which case such products shall be labeled
13“ungraded”.
14 Sec. 6. NEW SECTION. 192.144 Definitions.
15As used in this subchapter, unless the context otherwise
16requires:
171. “Dairy product” means a product, other than a milk
18product, in which milk is the principal ingredient at any
19temperature and in either a manufactured or unmanufactured
20state. To the extent that it is not classified as a milk
21product, a dairy product includes but is not limited to butter,
22cheese, cream, cottage cheese, ricotta cheese, kefir, or ice
23cream.
242. “Manufacture” means to convert or condition personal
25property by changing the form, composition, quality, or
26character of a product, and includes activities associated with
27a creamery or cheese factory.
28 Sec. 7. NEW SECTION. 192.145 On-farm production,
29processing, manufacturing, and marketing.
301. A person who operates a dairy farm may do any of the
31following:
32a. Produce milk at the dairy farm or process the milk at
33the dairy farm, if the person does not sell the milk. This
34paragraph does not prevent the person from disposing of the
35milk without receiving compensation.
-4- 1b. Produce milk at the dairy farm or process the milk at
2the dairy farm, if the person sells the milk to an individual,
3regardless of whether the milk is unpasteurized or ungraded.
4The milk must be sold to the individual on a retail basis and
5not for resale. The person may deliver the milk or cause the
6milk to be delivered to a location specified by the individual.
7An individual who receives the milk shall not resell it.
82. A person who operates a dairy farm may manufacture a
9milk product or dairy product at the dairy farm by using milk
10produced at the dairy farm, if any of the following apply:
11a. The person does not sell the milk product or dairy
12product. This paragraph does not prevent the person from
13disposing of the milk product or dairy product without
14receiving compensation.
15b. The person sells the milk product or dairy product to
16an individual, regardless of whether the milk product or dairy
17product is unpasteurized or ungraded. The milk product or
18dairy product must be sold to the individual on a retail basis
19and not for resale. The person may deliver the product or
20cause the product to be delivered to a location specified by
21the individual. An individual who receives the milk product or
22dairy product shall not resell it.
233. A person who operates a dairy farm shall not be subject
24to regulation by the department for acting in compliance with
25this section. Such regulation includes but is not limited to
26licensing, permitting, or inspection requirements under this
27chapter or chapter 194.
28 Sec. 8. NEW SECTION. 194.22 On-farm production, processing,
29manufacturing, and marketing — exception.
30This chapter does not apply to any of the following:
311. The production, processing, or marketing of milk, if
32the milk is produced by a person operating a dairy farm in
33compliance with section 192.145.
342. The manufacturing or marketing of a milk product or dairy
35product, if the milk product or dairy product is manufactured
-5-1by a person operating a dairy farm in compliance with section
2192.145.
3EXPLANATION
4The inclusion of this explanation does not constitute agreement with
5the explanation’s substance by the members of the general assembly.
6BACKGROUND. This bill amends provisions affecting persons
7who operate dairy farms, including provisions for the
8processing of milk and the manufacture of milk products and
9dairy products on such farms. The provisions are administered
10and enforced by the department of agriculture and land
11stewardship (DALS).
12Generally, statutory provisions and departmental rules
13regulating milk are based on model legislation referred to
14as the “Grade ‘A’ Pasteurized Milk Ordinance” (Code section
15192.101A). The “Grade ‘A’ Pasteurized Milk Ordinance” defines
16a milk product as including cream, sour cream, dry milk,
17concentrated milk, eggnog, buttermilk, and yogurt. All food
18offered or exposed for sale must be labeled (Code section
19191.1). All milk must be sold on the basis of grade (Code
20section 194.10) and only grade “A” pasteurized milk and milk
21products can be sold to the final consumer (Code section
22192.103). Grade “B” milk may be sold for manufacturing
23purposes (21 IAC 68.2). All dairy farms selling grade “A” or
24grade “B” milk must be issued a permit by DALS (21 IAC 68.2).
25BILL’S PROVISIONS. The bill provides that these regulatory
26provisions do not apply to a person who operates a dairy farm.
27The person may produce milk and dispose of it or sell it to
28an individual on a retail basis. The operator may deliver
29the milk to a location specified by the individual. The bill
30also provides that the regulatory provisions do not apply to
31the operator of a dairy farm who manufactures a milk product
32or dairy product, who may dispose of the product or sell it
33in the same manner as milk originating from the dairy farm.
34A milk product is defined by the “Grade ‘A’ Pasteurized Milk
35Ordinance” and includes cream or yogurt. A dairy product
-6-1includes a product other than a milk product whose principal
2ingredient is milk (e.g., ice cream). The bill provides for
3the labeling of unpasteurized and ungraded milk, or a product
4that includes such milk.
5APPLICABLE PENALTIES. A person who violates the bill’s
6provisions is guilty of a simple misdemeanor (Code section
7189.21). A simple misdemeanor is punishable by confinement for
8no more than 30 days and a fine of at least $105 but not more
9than $855.
-7-da/ns
2for certain items relating to milk to be transferred
3directly by operators of dairy farms, providing for the
4labeling of unpasteurized and ungraded milk and products,
5and making penalties applicable.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 159.6, subsection 6, Code 2022, is
2amended to read as follows:
36. Regulation and inspection of foods, drugs, and other
4articles, as provided in Title V, subtitle 4, but. However,
5 chapter 205 of that subtitle shall be enforced as provided in
6that chapter. Except as expressly authorized in subtitle 4,
7the department shall not regulate any of the following:
8a. The production, processing, labeling, or marketing of
9milk, if the milk is produced by a person operating a dairy
10farm in compliance with section 192.145.
11b. The manufacturing, labeling, or marketing of a milk
12product or dairy product, if the milk product or dairy
13product is manufactured by a person operating a dairy farm in
14compliance with section 192.145.
15 Sec. 2. Section 191.2, subsection 5, Code 2022, is amended
16to read as follows:
175. All bottles, containers, and packages Bottles,
18containers, and packages. Except as provided in subsection
195A, a container or package enclosing milk or a milk products
20 product shall be conspicuously labeled or marked with all of
21the following:
22a. The name of the contents as given in the definitions of
23this chapter and chapters 190 and 192.
24b. The word “reconstituted” or “recombined” if the product
25is made by reconstitution or recombination.
26c. The grade of the contents.
27d. The word “pasteurized” if the contents are pasteurized
28and the identity of. The package or container shall identify
29 the plant where the milk or milk product is pasteurized.
30e. The word “raw” if the contents are raw and the name or
31other identity of the producer.
32f. e. The designation vitamin “D” and the number of
33U.S.P. units per quart in the case of vitamin “D” milk or milk
34products.
35g. f. The volume or proportion of water to be added for
-1-1recombining in the case of concentrated milk or milk products.
2h. g. The words “nonfat milk solids added” and the
3percentage added if such solids have been added, except that
4this requirement shall not apply to reconstituted or recombined
5milk and milk products.
6i. h. The words “artificially sweetened” in the name if
7nonnutritive or artificial sweeteners or both are used.
8j. i. The common name of stabilizers, distillates, and
9ingredients, provided that:
10(1) Only the identity of the milk producer shall be required
11on cans delivered to a milk plant as provided in chapter 192
12which receives only grade “A” raw milk for pasteurization, and
13which immediately dumps, washes, and returns the cans to the
14milk producer.
15(2) The identity of both milk producer and the grade shall
16be required on cans delivered to a milk plant as provided
17in chapter 192 which receives both grade “A” raw milk for
18pasteurization and ungraded raw milk and which immediately
19dumps, washes, and returns the cans to the milk producer.
20(3) In the case of concentrated milk products, the specific
21name of the product shall be substituted for the generic term
22“concentrated milk products”, e.g., “homogenized concentrated
23milk”, “concentrated skim milk”, “concentrated chocolate milk”,
24“concentrated chocolate flavored low fat milk”.
25(4) In the case of flavored milk or flavored reconstituted
26milk, the name of the principal flavor shall be substituted for
27the word “flavored”.
28(5) In the case of cultured milk and milk products,
29the special type culture used may be substituted for the
30word “cultured”, e.g., “acidophilus buttermilk”, “Bulgarian
31buttermilk”, and “yogurt”.
32 Sec. 3. Section 191.2, Code 2022, is amended by adding the
33following new subsection:
34 NEW SUBSECTION. 5A. Unpasteurized milk and milk products. A
35container holding unpasteurized milk or a milk product
-2-1containing unpasteurized milk shall be labeled as required in
2section 191.9A.
3 Sec. 4. NEW SECTION. 191.9A Dairy farms — sale of
4unpasteurized milk and milk products.
51. A person who operates a dairy farm as provided in chapter
6192 and who sells unpasteurized milk, a milk product containing
7unpasteurized milk, or a dairy product containing unpasteurized
8milk to an individual in compliance with section 192.145
9shall label the container holding the milk, milk product, or
10dairy product. The label shall be permanently affixed to the
11container. The words on the label shall be printed using upper
12case letters in at least twelve point boldface type. If the
13container includes a main informational or advertising panel,
14the label shall be part of the panel.
152. a. For a container holding unpasteurized milk, the label
16shall state the following:
17Notice to Consumers
18This container holds raw milk not subject to state
19inspection or other public health regulations that require
20pasteurization and grading.
21b. For a container holding a milk product or dairy product,
22the label shall state the following:
23Notice to Consumers
24This container holds a raw milk product or dairy product that
25includes raw milk not subject to state inspection or other
26public health regulations that require pasteurization and
27grading.
28 Sec. 5. Section 192.103, subsections 1 and 2, Code 2022, are
29amended to read as follows:
301. Only grade “A” pasteurized milk and milk products
31shall be sold to the final consumer, or to restaurants, soda
32fountains, grocery stores, or similar establishments. However,
33in an except as follows:
34a. In anemergency, the sale of pasteurized milk and milk
35products which have not been graded, or the grade of which is
-3-1unknown, may be authorized by the secretary, in which case,
2such products shall be labeled “ungraded”.
3b. A person who operates a dairy farm may sell milk or
4a milk product to an individual in compliance with section
5192.145.
62. No A person shall not within the state produce, provide,
7sell, offer, or expose for sale, or have in possession with
8intent to sell, any milk or milk product which is adulterated
9or misbranded. However, in an emergency, the sale of
10pasteurized milk and milk products which have not been graded,
11or the grade of which is unknown, may be authorized by the
12secretary, in which case such products shall be labeled
13“ungraded”.
14 Sec. 6. NEW SECTION. 192.144 Definitions.
15As used in this subchapter, unless the context otherwise
16requires:
171. “Dairy product” means a product, other than a milk
18product, in which milk is the principal ingredient at any
19temperature and in either a manufactured or unmanufactured
20state. To the extent that it is not classified as a milk
21product, a dairy product includes but is not limited to butter,
22cheese, cream, cottage cheese, ricotta cheese, kefir, or ice
23cream.
242. “Manufacture” means to convert or condition personal
25property by changing the form, composition, quality, or
26character of a product, and includes activities associated with
27a creamery or cheese factory.
28 Sec. 7. NEW SECTION. 192.145 On-farm production,
29processing, manufacturing, and marketing.
301. A person who operates a dairy farm may do any of the
31following:
32a. Produce milk at the dairy farm or process the milk at
33the dairy farm, if the person does not sell the milk. This
34paragraph does not prevent the person from disposing of the
35milk without receiving compensation.
-4- 1b. Produce milk at the dairy farm or process the milk at
2the dairy farm, if the person sells the milk to an individual,
3regardless of whether the milk is unpasteurized or ungraded.
4The milk must be sold to the individual on a retail basis and
5not for resale. The person may deliver the milk or cause the
6milk to be delivered to a location specified by the individual.
7An individual who receives the milk shall not resell it.
82. A person who operates a dairy farm may manufacture a
9milk product or dairy product at the dairy farm by using milk
10produced at the dairy farm, if any of the following apply:
11a. The person does not sell the milk product or dairy
12product. This paragraph does not prevent the person from
13disposing of the milk product or dairy product without
14receiving compensation.
15b. The person sells the milk product or dairy product to
16an individual, regardless of whether the milk product or dairy
17product is unpasteurized or ungraded. The milk product or
18dairy product must be sold to the individual on a retail basis
19and not for resale. The person may deliver the product or
20cause the product to be delivered to a location specified by
21the individual. An individual who receives the milk product or
22dairy product shall not resell it.
233. A person who operates a dairy farm shall not be subject
24to regulation by the department for acting in compliance with
25this section. Such regulation includes but is not limited to
26licensing, permitting, or inspection requirements under this
27chapter or chapter 194.
28 Sec. 8. NEW SECTION. 194.22 On-farm production, processing,
29manufacturing, and marketing — exception.
30This chapter does not apply to any of the following:
311. The production, processing, or marketing of milk, if
32the milk is produced by a person operating a dairy farm in
33compliance with section 192.145.
342. The manufacturing or marketing of a milk product or dairy
35product, if the milk product or dairy product is manufactured
-5-1by a person operating a dairy farm in compliance with section
2192.145.
3EXPLANATION
4The inclusion of this explanation does not constitute agreement with
5the explanation’s substance by the members of the general assembly.
6BACKGROUND. This bill amends provisions affecting persons
7who operate dairy farms, including provisions for the
8processing of milk and the manufacture of milk products and
9dairy products on such farms. The provisions are administered
10and enforced by the department of agriculture and land
11stewardship (DALS).
12Generally, statutory provisions and departmental rules
13regulating milk are based on model legislation referred to
14as the “Grade ‘A’ Pasteurized Milk Ordinance” (Code section
15192.101A). The “Grade ‘A’ Pasteurized Milk Ordinance” defines
16a milk product as including cream, sour cream, dry milk,
17concentrated milk, eggnog, buttermilk, and yogurt. All food
18offered or exposed for sale must be labeled (Code section
19191.1). All milk must be sold on the basis of grade (Code
20section 194.10) and only grade “A” pasteurized milk and milk
21products can be sold to the final consumer (Code section
22192.103). Grade “B” milk may be sold for manufacturing
23purposes (21 IAC 68.2). All dairy farms selling grade “A” or
24grade “B” milk must be issued a permit by DALS (21 IAC 68.2).
25BILL’S PROVISIONS. The bill provides that these regulatory
26provisions do not apply to a person who operates a dairy farm.
27The person may produce milk and dispose of it or sell it to
28an individual on a retail basis. The operator may deliver
29the milk to a location specified by the individual. The bill
30also provides that the regulatory provisions do not apply to
31the operator of a dairy farm who manufactures a milk product
32or dairy product, who may dispose of the product or sell it
33in the same manner as milk originating from the dairy farm.
34A milk product is defined by the “Grade ‘A’ Pasteurized Milk
35Ordinance” and includes cream or yogurt. A dairy product
-6-1includes a product other than a milk product whose principal
2ingredient is milk (e.g., ice cream). The bill provides for
3the labeling of unpasteurized and ungraded milk, or a product
4that includes such milk.
5APPLICABLE PENALTIES. A person who violates the bill’s
6provisions is guilty of a simple misdemeanor (Code section
7189.21). A simple misdemeanor is punishable by confinement for
8no more than 30 days and a fine of at least $105 but not more
9than $855.
-7-da/ns