House File 668 - Introduced
HOUSE FILE
BY HANSON
A BILL FOR
1 An Act providing for the incidental sale of unpasteurized milk,
2 or milk products manufactured from such milk, by producers
3 holding a permit issued by the department of agriculture and
4 land stewardship.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. Section 137D.1, subsection 3, Code 2015, is
1 2 amended to read as follows:
1 3 3. "Home food establishment" means a business on the
1 4 premises of a residence in which prepared food is created
1 5 for sale or resale, for consumption off the premises, if the
1 6 business has gross annual sales of prepared food of less than
1 7 twenty thousand dollars. However, a home food establishment
1 8 does not include a any of the following:
1 9 a. A residence in which food is prepared to be used or sold
1 10 by churches, fraternal societies, charitable organizations, or
1 11 civic organizations.
1 12 b. The premises of a dairy farm where unpasteurized milk,
1 13 or a milk product manufactured from such milk, is sold by a
1 14 producer possessing a valid permit under section 192.107 to a
1 15 purchaser as provided in section 192.103A.
1 16 Sec. 2. Section 137F.1, subsection 7, Code 2015, is amended
1 17 by adding the following new paragraph:
1 18 NEW PARAGRAPH. n. The premises of a dairy farm where
1 19 unpasteurized milk, or a milk product manufactured from such
1 20 milk, is sold by a producer possessing a valid permit under
1 21 section 192.107 to a purchaser as provided in section 192.103A.
1 22 Sec. 3. Section 191.2, Code 2015, is amended by adding the
1 23 following new subsection:
1 24 NEW SUBSECTION. 5A. a. A bottle or other container holding
1 25 unpasteurized milk or a milk product manufactured for sale by
1 26 a producer as provided in section 192.103A shall contain the
1 27 following label:
1 28 Warning: This milk or milk product has not been pasteurized
1 29 and may contain harmful bacteria. Pregnant women, children,
1 30 the elderly, and individuals with lowered resistance to disease
1 31 have the highest risk of harm from use of this product.
1 32 b. The producer shall affix the label to the bottle or
1 33 other container prior to making the sale as provided in section
1 34 192.103A.
1 35 Sec. 4. Section 192.103, Code 2015, is amended to read as
2 1 follows:
2 2 192.103 Sale of grade "A" milk to final consumer ==
2 3 impoundment of adulterated or misbranded milk == exception.
2 4 1. Only grade "A" pasteurized milk and milk products
2 5 shall be sold to the final consumer, or to restaurants, soda
2 6 fountains, grocery stores, or similar establishments; except in
2 7 an emergency, the sale of pasteurized milk and milk products
2 8 which have not been graded, or the grade of which is unknown,
2 9 may be authorized by the secretary, in which case, such
2 10 products shall be labeled "ungraded".
2 11 2. No person shall within the state produce, provide, sell,
2 12 offer, or expose for sale, or have in possession with intent
2 13 to sell, any milk or milk product which is adulterated or
2 14 misbranded; except, in an emergency, the sale of pasteurized
2 15 milk and milk products which have not been graded, or the grade
2 16 of which is unknown, may be authorized by the secretary, in
2 17 which case such products shall be labeled "ungraded".
2 18 3. Any adulterated or misbranded milk or milk product
2 19 may be impounded by the secretary or authorized municipal
2 20 corporation and disposed of in accordance with applicable laws
2 21 or regulations.
2 22 4. Notwithstanding subsections 1 through 3, a producer
2 23 may incidentally sell unpasteurized milk, or a milk product
2 24 that the producer manufactured from such milk, as provided in
2 25 section 192.103A.
2 26 Sec. 5. NEW SECTION. 192.103A Sale of unpasteurized milk
2 27 or milk products.
2 28 1. As used in this section, "immediate family member"
2 29 means a spouse, son, daughter, brother, sister, uncle, aunt,
2 30 first cousin, nephew, niece, father=in=law, mother=in=law,
2 31 son=in=law, daughter=in=law, brother=in=law, sister=in=law,
2 32 father, mother, stepfather, stepmother, stepson, stepdaughter,
2 33 stepbrother, stepsister, half brother, or half sister.
2 34 2. A producer possessing a valid permit under section
2 35 192.107 may incidentally sell unpasteurized milk suitable to
3 1 be processed as grade "A" pasteurized milk or a milk product
3 2 that the producer manufactures from such milk as provided in
3 3 this section.
3 4 3. The milk or milk product must be produced, sold,
3 5 and transferred at the producer's dairy farm where the
3 6 unpasteurized milk is produced.
3 7 4. a. The milk or milk product must satisfy standards
3 8 established by the department which shall to every extent
3 9 feasible be based on the "Grade 'A' Pasteurized Milk Ordinance"
3 10 as provided in section 192.102.
3 11 b. The producer must furnish a container that holds the milk
3 12 or milk product. The container must be sanitized according to
3 13 requirements adopted by the department that to every extent
3 14 feasible shall be based on the "Grade 'A' Pasteurized Milk
3 15 Ordinance". The producer shall affix a label to the container
3 16 as required pursuant to section 191.2 prior to the sale.
3 17 5. a. The sale of the milk or milk product must be made
3 18 on a retail basis to a purchaser who is an individual. The
3 19 milk or milk product shall not be used other than for personal
3 20 consumption by the purchaser or the purchaser's immediate
3 21 family member.
3 22 b. Notwithstanding paragraph "a", the purchaser or the
3 23 purchaser's immediate family member may use the milk to
3 24 manufacture a milk product for the personal consumption of the
3 25 purchaser or an immediate family member of the purchaser.
3 26 Sec. 6. Section 192.122, Code 2015, is amended to read as
3 27 follows:
3 28 192.122 Milk bottles to be marked.
3 29 1. Bottles or jars used for the sale of milk shall have
3 30 clearly blown or permanently marked in the side of the bottle,
3 31 the capacity of the bottle, and on the bottom of the bottle
3 32 the name, initials, or certification mark of the manufacturer.
3 33 The designating number shall be furnished by the department on
3 34 request.
3 35 2. Subsection 1 does not apply to a bottle or jar that
4 1 contains unpasteurized milk sold under section 192.103A.
4 2 EXPLANATION
4 3 The inclusion of this explanation does not constitute agreement with
4 4 the explanation's substance by the members of the general assembly.
4 5 This bill amends the "Iowa Grade 'A' Milk Inspection
4 6 Law" (Code chapter 192), by allowing a person who operates
4 7 a dairy farm pursuant to a permit (permit holder) issued by
4 8 the department of agriculture and land stewardship to sell
4 9 milk that is unpasteurized or milk products manufactured from
4 10 such milk to individuals on a retail basis. The milk or milk
4 11 product must be sold on the premises of the dairy farm and used
4 12 for the personal consumption of the purchaser or immediate
4 13 family member. The purchaser or immediate family member may
4 14 use the milk to manufacture a milk product for consumption
4 15 by the same individuals. The person holding the permit is
4 16 responsible for sanitizing the milk container and labeling the
4 17 container. The person is exempted from regulations otherwise
4 18 applicable to food establishments (Code chapter 137F) or home
4 19 food establishments (Code chapter 137D) regulated by the
4 20 department of inspections and appeals.
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