Senate Study Bill 1107 - IntroducedA Bill ForAn Act 1relating to raw milk, by providing for the production
2of raw milk at certain dairies, the manufacture of products
3using raw milk, and the labeling and distribution of raw
4milk and manufactured products, and making penalties
5applicable.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  NEW SECTION.  135.16B  Raw milk — associated
2products.
   3The department of health and human services may demand that
4a raw milk producer provide the department with all records of
5tests to determine the coliform count and standard plate count
6of dairy animals maintained at the raw milk dairy as required
7in section 195.6.
8   Sec. 2.  Section 137.104, subsection 2, Code 2023, is amended
9by adding the following new paragraph:
10   NEW PARAGRAPH.  e.  Demand that a raw milk producer provide
11the board with all records of tests to determine the coliform
12count and standard plate count of dairy animals maintained at
13the raw milk dairy as required in section 195.6.
14   Sec. 3.  NEW SECTION.  137D.2A  Raw milk — associated
15products.
   16A home food processing establishment shall not advertise
17for sale, offer for sale, sell or otherwise distribute, or use
18raw milk, or a manufactured raw milk product or raw milk dairy
19product, as provided in chapter 195.
20   Sec. 4.  Section 137F.1, subsection 9, Code 2023, is amended
21by adding the following new paragraph:
22   NEW PARAGRAPH.  o.  (1)  The premises of a raw milk dairy
23where raw milk is produced, processed, labeled, marketed, or
24distributed by a raw milk producer in compliance with chapter
25195.
   26(2)  The premises of a raw milk dairy where a raw milk
27product or a raw milk dairy product is manufactured, labeled,
28marketed, or distributed by a raw milk producer in compliance
29with chapter 195.
30   Sec. 5.  Section 137F.1, subsection 10, Code 2023, is amended
31by adding the following new paragraph:
32   NEW PARAGRAPH.  d.  (1)  The premises of a raw milk dairy
33where raw milk is produced, processed, labeled, marketed, or
34distributed by a raw milk producer in compliance with chapter
35195.
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   1(2)  A premises of a raw milk dairy where a raw milk product
2or raw milk dairy product is manufactured, labeled, marketed,
3or distributed by a raw milk producer in compliance with
4chapter 195.
5   Sec. 6.  NEW SECTION.  137F.8B  Raw milk — associated
6products.
   7A food establishment or farmers market shall not advertise
8for sale, offer for sale, sell or otherwise distribute, or use
9raw milk, or a manufactured raw milk product or a raw milk
10dairy product, regardless of whether the food establishment
11or farmers market is regulated by the department under
12this chapter or another chapter, another state agency, or a
13municipality.
14   Sec. 7.  Section 159.6, subsection 6, Code 2023, is amended
15to read as follows:
   166.  Regulation and inspection of foods, drugs, and other
17articles, as provided in Title V, subtitle 4, but. However,
18 chapter 205 of that subtitle shall be enforced as provided in
19that chapter. Except as expressly authorized in subtitle 4,
20the department shall not regulate any of the following:

   21a.  The production, processing, labeling, marketing, or
22distribution of raw milk by a raw milk producer in compliance
23with chapter 195.
   24b.  The manufacture, labeling, marketing, or distribution
25of a raw milk product or raw milk dairy product by a raw milk
26producer in compliance with chapter 195.
27   Sec. 8.  Section 190.2, Code 2023, is amended by adding the
28following new subsection:
29   NEW SUBSECTION.  3.  This section does not apply to any of
30the following:
   31a.  The manufacture, labeling, marketing, or distribution of
32raw milk by a raw milk producer in compliance with chapter 195.
   33b.  The manufacture, labeling, marketing, or distribution
34of a raw milk product or raw milk dairy product by a raw milk
35producer in compliance with chapter 195.
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1   Sec. 9.  Section 191.2, subsection 5, unnumbered paragraph
21, Code 2023, is amended to read as follows:
   3All bottles, containers, and packages  Bottles, containers,
4and packages.
Except as provided in subsection 5A, a container
5or package
enclosing milk or a milk products product shall be
6conspicuously labeled or marked with all of the following:
7   Sec. 10.  Section 191.2, Code 2023, is amended by adding the
8following new subsection:
9   NEW SUBSECTION.  5A.  Raw milk and associated products.  A
10container holding raw milk, or a manufactured raw milk product
11or a raw milk dairy product, distributed by a raw milk producer
12shall be labeled as required in section 195.8.
13   Sec. 11.  Section 192.103, subsections 1 and 2, Code 2023,
14are amended to read as follows:
   151.  Only grade “A” pasteurized milk and milk products
16shall be sold to the final consumer, or to restaurants, soda
17fountains, grocery stores, or similar establishments. However,
18in
 except as follows:
   19a.   Inan emergency, the sale of pasteurized milk and milk
20products which that have not been graded, or the grade of which
21is unknown, may be authorized by the secretary, in which case,
22such products shall be labeled “ungraded”.
   23b.  A raw milk producer may distribute raw milk, or a
24manufactured raw milk product or raw milk dairy product, in
25compliance with chapter 195.
   262.  No A person shall not within the state produce, provide,
27sell, offer, or expose for sale, or have in possession with
28intent to sell, any milk or milk product which is adulterated
29or misbranded. However, in an emergency, the sale of
30pasteurized milk and milk products which have not been graded,
31or the grade of which is unknown, may be authorized by the
32secretary, in which case such products shall be labeled
33“ungraded”.
34   Sec. 12.  NEW SECTION.  194.22  Raw milk dairies — exception.
   35This chapter does not apply to any of the following:
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   11.  The production, processing, marketing, and distribution
2of raw milk, if the raw milk is produced by a raw milk producer
3at a raw milk dairy as provided in chapter 195.
   42.  The manufacture, marketing, and distribution of a
5raw milk product or raw milk dairy product, if the raw milk
6product or raw milk dairy product is manufactured by a raw milk
7producer at a raw milk dairy as provided in chapter 195.
8   Sec. 13.  NEW SECTION.  195.1  Definitions.
   9As used in this chapter, unless the context otherwise
10requires:
   111.  “Dairy animal” means a cow, goat, or sheep that is
12actively producing milk.
   132.  “Department” means the department of agriculture and land
14stewardship.
   153.  “Distribute” means to transfer an item or offer to
16transfer an item to another person, either free of charge or by
17sale or exchange.
   184.  “Milk” means the lacteal secretion of a dairy animal.
   195.  “Raw milk” means milk that is not pasteurized or graded
20as otherwise required in chapters 190, 192, and 194.
   216.  “Raw milk dairy” means an operation where not more than
22ten dairy animals are maintained to actively produce milk at
23any one time.
   247.  “Raw milk dairy product” means a product, other than a
25milk product, manufactured using milk or a milk product as the
26primary ingredient, and that includes any quantity of raw milk.
   278.  “Raw milk producer” means a milk producer who owns or
28operates a raw milk dairy.
   299.  “Raw milk product” means a product manufactured using
30milk as its exclusive ingredient as described in 21 C.F.R.
31§1240.3 and that includes any quantity of raw milk.
32   Sec. 14.  NEW SECTION.  195.2  Conflicts with other law.
   33This chapter shall be construed to supplement applicable
34provisions in chapters 190, 191, 192, and 194. If there is a
35conflict between a provision in this chapter and one of those
-4-1other chapters, the provision in this chapter shall prevail
2but only to the extent of interpreting the provision in this
3chapter.
4   Sec. 15.  NEW SECTION.  195.3  Exclusions.
   5This chapter does not apply to a bulk milk tanker, milk
6grader, milk hauler, milk plant, milk processing plant, dairy
7plant, transfer station, or receiving station.
8   Sec. 16.  NEW SECTION.  195.4  Rulemaking prohibited.
   9The department shall not adopt rules to administer or
10enforce this chapter.
11   Sec. 17.  NEW SECTION.  195.5  General — election by raw milk
12producer.
   13A raw milk producer may elect to process, market, or
14distribute raw milk produced at the raw milk producer’s
15raw milk dairy in compliance with this chapter. A raw milk
16producer may also elect to use the raw milk to manufacture,
17market, or distribute a raw milk product or raw milk dairy
18product at the raw milk producer’s raw milk dairy in compliance
19with this chapter.
20   Sec. 18.  NEW SECTION.  195.6  Production and processing of
21raw milk.
   22If a raw milk producer makes an election described in section
23195.5 to produce and process raw milk, all of the following
24apply:
   251.  The raw milk must be produced exclusively from dairy
26animals maintained at the raw milk dairy.
   272.  The raw milk must not be pasteurized or graded.
   283.  The raw milk must be processed in a manner that ensures
29the health and safety of persons consuming the raw milk
30produced at the raw milk dairy, or consuming raw milk products
31or raw dairy products manufactured at the raw milk dairy. The
32raw milk producer must do all of the following:
   33a.  Each month, test each dairy animal maintained at the raw
34milk producer’s raw milk dairy to determine the dairy animal’s
35coliform count and standard plate count. The raw milk producer
-5-1shall retain a record of each test at the raw milk dairy for at
2least three years.
   3b.  Each twelve-month period, employ a licensed veterinarian
4to examine each dairy animal maintained at the raw milk
5producer’s raw milk dairy to determine the dairy animal’s
6health status. The examination must at least include a blood
7test for common diseases afflicting the type of dairy animal
8being examined.
9   Sec. 19.  NEW SECTION.  195.7  Distribution of raw milk or
10associated products.
   111.  A raw milk producer shall only take an order for the
12distribution of raw milk at the raw milk producer’s raw milk
13dairy where the raw milk is produced. The raw milk producer
14shall only distribute the raw milk to an individual placing the
15order.
   16a.  The raw milk producer shall post the summary of the test
17to determine the coliform count and standard plate count of
18the dairy animals retained at the raw milk dairy as provided
19in section 195.6. The summary shall be posted at the raw milk
20dairy’s distribution point for the raw milk. The individual
21being distributed the raw milk may examine the records for the
22three-year period that the records are required to be retained
23by the raw milk producer under section 195.6.
   24b.  If the raw milk producer distributes raw milk in a
25container, the container shall be labeled as provided in
26section 195.8.
   27c.  The raw milk producer shall distribute the raw milk
28directly to the individual at the raw milk dairy or to a
29location specified by the individual. However, a person shall
30not deliver the raw milk to a place of business where food or
31food items are distributed on a retail basis, including but
32not limited to a home food processing establishment regulated
33under chapter 137D or a food establishment or farmers market
34regulated under chapter 137F. The raw milk shall only be used
35for consumption by the individual, members of the individual’s
-6-1household, and the individual’s nonpaying guests or nonpaying
2employees.
   3d.  A person shall not resell raw milk.
   42.  A raw milk producer shall only take an order for the
5distribution of a raw milk product or raw milk dairy product
6at the raw milk producer’s raw milk dairy where the raw milk
7product or raw milk dairy product is manufactured. The raw
8milk producer shall only distribute the raw milk product or raw
9milk dairy product to an individual placing the order. The raw
10milk producer may distribute the raw milk product or raw milk
11dairy product to the individual without charge or on a retail
12basis.
   13a.  The raw milk producer shall post the summary of the most
14recent test to determine the coliform count and standard plate
15count of dairy animals as retained at the raw milk dairy as
16provided in section 195.6. The summary shall be posted at the
17raw milk dairy’s distribution point for the raw milk products
18or raw milk dairy products. The individual being distributed
19the raw milk product or raw milk dairy product may examine the
20records for the three-year period that the records are required
21to be retained by the raw milk producer under section 195.6.
   22b.  If the raw milk producer distributes a raw milk product
23or raw milk dairy product in a container, the container shall
24be labeled as provided in section 195.8.
   25c.  The raw milk producer shall distribute the raw milk
26product or raw milk dairy product directly to the individual
27at the raw milk dairy or to a location specified by the
28individual. However, a person shall not deliver the raw milk
29product or raw milk dairy product to a place of business where
30food or a food item is distributed on a retail basis, including
31but not limited to a home food processing establishment
32regulated under chapter 137D or a food establishment or farmers
33market regulated under chapter 137F. The raw milk product or
34raw milk dairy product shall only be used for consumption by
35the individual, members of the individual’s household, or the
-7-1individual’s nonpaying guests or nonpaying employees.
   2d.  A person shall not resell the raw milk product or raw
3milk dairy product.
4   Sec. 20.  NEW SECTION.  195.8  Labeling containers holding
5raw milk or associated products.
   61.  A raw milk producer who distributes raw milk, or a
7manufactured raw milk product or raw milk dairy product, shall
8label the container holding the raw milk, or the manufactured
9raw milk product or raw milk dairy product. The label shall
10be permanently affixed to the container. The words on the
11label shall be printed using upper case letters in at least
12twelve point boldface type. If the container includes a main
13informational or advertising panel, the label shall be part of
14the panel.
   152.  a.  For a container holding raw milk, the label shall
16state the following:
17Notice to Consumers
18This container holds raw milk that is not subject to state
19inspection or other public health regulations that require
20pasteurization and grading.
   21b.  For a container holding a raw milk product or raw milk
22dairy product, the label shall state the following:
23Notice to Consumers
24This container holds a raw milk product or raw milk dairy
25product that is not subject to state inspection or other public
26health regulations that require pasteurization and grading.
27   Sec. 21.  NEW SECTION.  195.9  Enforcement actions.
   28The department of health and human services acting under
29chapter 135 or a local board of health acting under chapter
30137 may demand that the raw milk producer provide it with all
31records of tests to determine the coliform count and standard
32plate count of dairy animals maintained at the raw milk dairy
33as required in section 195.6. The demand shall be based on an
34affidavit signed by a licensed physician certifying that in
35the physician’s opinion an individual contracted an illness as
-8-1a direct result of consuming raw milk produced at a raw milk
2dairy, or consuming a raw milk product or a raw milk dairy
3product manufactured at a raw milk dairy.
4EXPLANATION
5The inclusion of this explanation does not constitute agreement with
6the explanation’s substance by the members of the general assembly.
   7BACKGROUND. This bill amends provisions regulating dairies
8where raw milk is produced and processed for human consumption
9(fluid milk), or produced and processed to be manufactured as
10a food item (a milk product or dairy product) at a processing
11or manufacturing facility (milk plant or dairy plant).
12Generally, the department of inspections and appeals (DIA), or
13a local authority under contract with DIA, provides for the
14licensing and inspection of both food processing plants and
15food establishments such as grocery stores and restaurants.
16The production and processing of milk, and the processing
17and manufacture of milk products and dairy products, are
18administered and enforced by the department of agriculture and
19land stewardship (DALS).
   20FEDERAL LAW. Generally, states are provided responsibility
21for enacting health and sanitation standards for their dairy
22industry subject to oversight by the federal government.
23DALS’ regulations are based on voluntary standards published
24by the United States food and drug administration (FDA),
25and specifically the “Grade ‘A’ Pasteurized Milk Ordinance”
26commonly referred to as the PMO (Code section 192.102).
27The PMO provides standards for the production, processing,
28distribution, transportation, handling, sampling, examination,
29grading, labeling, and sale of grade “A” pasteurized milk
30and grade “A” milk products. In administering the PMO, DALS
31conducts inspections of dairy herds, dairy farms, milk plants,
32milk receiving stations, and milk transfer stations. DALS
33issues licenses or permits to milk producers, milk haulers,
34and milk transfer stations subject to suspension or revocation
35(21 IAC 68.12). FDA also regulates the labeling of milk and
-9-1dairy products (21 C.F.R.pt.131). The United States, acting
2through FDA, prohibits the delivery of unpasteurized milk,
3or milk products manufactured using unpasteurized milk, into
4interstate commerce (21 C.F.R.pt.1240). Voluntary standards
5governing the grading of milk are established by the United
6States department of agriculture (USDA) (7 C.F.R. pt.58,
7adopted by DALS pursuant to Code section 190.2; 21 IAC 71.1).
8Grade “A” milk is the standard used for fluid milk production.
9Grade “B” milk is subject to less restrictive standards
10allowing it to be used in manufacturing (Code chapter 194).
   11DALS GENERAL AUTHORITY. Under Code chapter 189, DALS
12regulates adulterated articles and the labeling of those
13articles and may report violations to the appropriate county
14attorney (Code section 189.25). This includes inspections of
15locations (Code section 189.4). A person is prohibited from
16manufacturing, selling, or delivering an adulterated article
17(Code section 189.15). DALS may act to enjoin a person from
18violating provisions prohibiting the marketing of adulterated
19food (Code section 190.15), including adulterated milk, and
20adulterated milk products and dairy products (Code sections
21190.4 and 190.5). DALS may confiscate an adulterated or
22improperly labeled article (Code section 189.17). DALS is
23granted authority to petition a district court to restrain
24a person who violates a statute or rule regulating milk
25production, processing, manufacture, labeling, and sales (Code
26sections 190.15, 191.10, and 192.146).
   27BILL’S PROVISIONS — TERMINOLOGY. The bill uses a number
28of key terms, including “raw milk” meaning milk that is not
29graded or pasteurized, “raw milk dairy” which includes a dairy
30farm where dairy animals (milk-producing cows, goats, or
31sheep) are maintained and where a “raw milk producer” owning
32or operating the dairy farm may store and process the raw milk
33for distribution as fluid milk, or may manufacture the raw
34milk into “raw milk products” or “raw milk dairy products” for
35distribution (new Code section 195.1). Code chapters refer to
-10-1both terms “milk product” and “dairy product” as does federal
2law. Generally, FDA defines “milk product” to include cheese,
3butter, ice cream, and yogurt (21 C.F.R. §1240.3) and USDA
4defines a “dairy product” similarly (7 C.F.R. §58.101). The
5bill defines a “raw milk product” as a product using milk as
6an exclusive ingredient, if any quantity of the milk is raw
7milk, and a “raw dairy product” as a product using milk as the
8primary ingredient, if any quantity of the milk is raw milk
9(new Code section 195.1). The term “distribute” refers to both
10the transfer of raw milk or a manufactured raw milk product
11or raw milk dairy product to final consumers with or without
12charge (new Code section 195.7).
   13BILL’S PROVISIONS — EXCLUSION FROM DIA REGULATIONS. The
14bill prohibits a home food processing establishment regulated
15by DIA from advertising for sale, offering for sale, selling,
16or otherwise distributing raw milk, or a manufactured raw milk
17product or raw milk dairy product (new Code section 137D.2A).
18The premises of a raw milk dairy is not a food establishment or
19a food processing plant regulated by DIA (Code section 137F.1).
20Similarly, the bill prohibits a food establishment or farmers
21market from advertising for sale, offering for sale, selling,
22or otherwise distributing raw milk, or a manufactured raw milk
23product or a raw milk dairy product (new Code section 137F.8B).
   24BILL’S PROVISIONS — ADMINISTRATION AND ENFORCEMENT. The
25bill’s provisions are codified as new Code chapter 195. The
26new chapter is construed to supplement applicable provisions of
27the other Code chapters regulating the state’s dairy industry
28(Code chapters 190, 191, 192, and 194). DALS is prohibited
29from adopting rules to administer or enforce provisions in the
30new Code chapter.
   31BILL’S PROVISIONS — REQUIREMENTS FOR PROCESSING, MARKETING,
32AND DISTRIBUTING RAW MILK OR MANUFACTURING, MARKETING, AND
33DISTRIBUTING A RAW MILK PRODUCT OR RAW MILK DAIRY PRODUCT. A
34raw milk producer must not own or operate a raw milk dairy
35having more than 10 dairy animals actively producing milk (new
-11-1Code section 195.1). The milk cannot be pasteurized or graded.
2On a monthly basis, the raw milk producer must test each dairy
3animal to determine its coliform and standard plate counts. On
4a yearly basis, the raw milk producer must employ a licensed
5veterinarian to examine the health status of each dairy animal,
6including by administering a blood test (new Code section
7195.6).
   8In distributing raw milk, or a manufactured raw milk product
9or raw dairy product, a raw milk producer can only take an
10order by an individual (new Code section 195.7). The order
11must be made at the raw milk dairy. The individual may examine
12the health records of the raw milk dairy’s dairy animals and
13the records must be retained for three years. The raw milk
14producer may deliver the raw milk or the manufactured raw milk
15product or raw milk dairy product to the individual at the
16raw milk dairy or at a location specified by the individual.
17However, the raw milk producer cannot deliver the raw milk or
18the manufactured raw milk product or raw milk dairy product
19to a location where food or food items are sold on a retail
20basis (e.g., a location regulated by DIA). The raw milk or
21the manufactured raw milk product or raw milk dairy product
22can only be used for consumption by the individual making
23the order, a member of the individual’s household, or the
24individual’s nonpaying guests or nonpaying employee. A
25person cannot resell the raw milk or the manufactured raw milk
26product or raw milk dairy product. If the raw milk, or the
27manufactured raw milk product or raw milk dairy product is
28distributed in a container, the container must be labeled with
29a notice to consumers stating it contains raw milk or that raw
30milk has been used as an ingredient in manufacturing the raw
31milk product or raw dairy product, and the raw milk, or the
32raw milk product or raw dairy product, has not been subject to
33public health regulations (new Code section 195.8).
   34BILL’S PROVISIONS — RECORDS. The Iowa department of health
35and human services or a local board of health may demand that
-12-1a raw milk producer provide it with all records of tests to
2determine the coliform count and standard plate count of dairy
3animals maintained at a raw milk dairy.
   4APPLICABLE PENALTIES. A person who violates the bill’s
5provisions is guilty of a simple misdemeanor (Code section
6189.21). A person who violates a provision regulated by the
7Iowa department of health and human services is guilty of
8a simple misdemeanor (Code section 135.38). A person who
9violates a provision regulated by a local board of health is
10also guilty of a simple misdemeanor and subject to a civil
11penalty not to exceed $750. A simple misdemeanor is punishable
12by confinement for no more than 30 days and a fine of at least
13$105 but not more than $855.
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