House File 209 - Introduced
HOUSE FILE
BY HEARTSILL and
BRANHAGEN
A BILL FOR
1 An Act providing for the sale of unpasteurized or ungraded milk
2 or milk products produced at a dairy farm to an individual
3 for use as commercial feed for animals and making penalties
4 applicable.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. Section 191.2, subsection 5, unnumbered
1 2 paragraph 1, Code 2015, is amended to read as follows:
1 3 All Except as provided in subsection 5A, all bottles,
1 4 containers, and packages enclosing milk or milk products shall
1 5 be conspicuously labeled or marked with all of the following:
1 6 Sec. 2. Section 191.2, Code 2015, is amended by adding the
1 7 following new subsection:
1 8 NEW SUBSECTION. 5A. A bottle, container, or package
1 9 containing milk or a milk product that is unpasteurized or
1 10 ungraded and sold for commercial feed as provided in section
1 11 192.103 shall be conspicuously labeled or marked with the
1 12 following:
1 13 "It is not legal to sell raw milk for human consumption
1 14 in Iowa. This product is intended to be used solely for
1 15 commercial feed to be consumed by animals."
1 16 Sec. 3. Section 192.103, Code 2015, is amended to read as
1 17 follows:
1 18 192.103 Sale of grade "A" milk to final consumer ==
1 19 impoundment of adulterated or misbranded milk == exceptions.
1 20 1. Only grade "A" pasteurized milk and milk products
1 21 shall be sold to the final consumer, or to restaurants, soda
1 22 fountains, grocery stores, or similar establishments; except in
1 23 an emergency, the sale of pasteurized milk and milk products
1 24 which have not been graded, or the grade of which is unknown,
1 25 may be authorized by the secretary, in which case, such
1 26 products shall be labeled "ungraded".
1 27 2. No person shall within the state produce, provide, sell,
1 28 offer, or expose for sale, or have in possession with intent
1 29 to sell, any milk or milk product which is adulterated or
1 30 misbranded; except, in an emergency, the sale of pasteurized
1 31 milk and milk products which have not been graded, or the grade
1 32 of which is unknown, may be authorized by the secretary, in
1 33 which case such products shall be labeled "ungraded".
1 34 3. Any adulterated or misbranded milk or milk product
1 35 may be impounded by the secretary or authorized municipal
2 1 corporation and disposed of in accordance with applicable laws
2 2 or regulations.
2 3 4. a. Notwithstanding subsections 1 through 3, a person
2 4 who operates a dairy farm may sell milk or a milk product that
2 5 is unpasteurized or ungraded, if it is produced by that dairy
2 6 farm and sold to an individual as commercial feed for animals
2 7 as provided in chapter 198. The person must label the bottle,
2 8 container, or package containing milk or a milk product as
2 9 provided in section 191.2. The person may deliver or cause to
2 10 be delivered such milk or milk product to a location specified
2 11 by the individual. An individual who purchases the milk or
2 12 milk product shall not resell it.
2 13 b. As used in paragraph "a", "sale" means a transfer of
2 14 title or possession, exchange or barter, in any manner or by
2 15 any means or agreement. "Sale" includes any transaction that
2 16 involves the transfer of milk or a milk product or the right to
2 17 acquire milk or a milk product through barter or contractual
2 18 arrangement or in exchange for any other form of compensation
2 19 including but not limited to the sale of shares or interest in
2 20 a cow, goat, or other lactating animal or herd.
2 21 Sec. 4. NEW SECTION. 192.113A Penalty == persons purchasing
2 22 milk or milk products for commercial feed.
2 23 A person who purchases milk or a milk product for commercial
2 24 feed and resells the milk or milk product is guilty of a simple
2 25 misdemeanor as provided in section 189.21.
2 26 Sec. 5. NEW SECTION. 192.114 Exception == dairy farms
2 27 selling milk or milk products for commercial feed.
2 28 A person who operates a dairy farm is not required to obtain
2 29 a permit or to comply with inspection requirements as otherwise
2 30 provided in this chapter, if the person produces milk or a
2 31 milk product at that dairy farm for sale to an individual as
2 32 commercial feed as provided in section 192.103. However, this
2 33 exception does not apply to the extent that the person or the
2 34 person's dairy farm also operates to produce milk or a milk
2 35 product other than for commercial feed as provided in that
3 1 section.
3 2 Sec. 6. Section 192.122, Code 2015, is amended to read as
3 3 follows:
3 4 192.122 Milk bottles to be marked.
3 5 1. Bottles or jars used for the sale of milk shall have
3 6 clearly blown or permanently marked in the side of the bottle,
3 7 the capacity of the bottle, and on the bottom of the bottle
3 8 the name, initials, or certification mark of the manufacturer.
3 9 The designating number shall be furnished by the department on
3 10 request.
3 11 2. Subsection 1 does not apply to bottles or jars used for
3 12 the sale of milk that is unpasteurized or ungraded and sold for
3 13 commercial feed as provided in section 192.103.
3 14 Sec. 7. NEW SECTION. 198.16 Milk and milk product
3 15 exception.
3 16 This chapter does not apply to a person who operates a dairy
3 17 farm and who sells milk or a milk product to an individual as
3 18 commercial feed as provided in section 192.103.
3 19 EXPLANATION
3 20 The inclusion of this explanation does not constitute agreement with
3 21 the explanation's substance by the members of the general assembly.
3 22 This bill provides that a person who operates a dairy farm
3 23 may sell milk or a milk product that is unpasteurized or
3 24 ungraded, if it is produced at that dairy farm and sold to an
3 25 individual as commercial feed for animals. The person would
3 26 not be required to obtain a permit or comply with inspection
3 27 requirements as otherwise provided in the "Iowa Grade 'A' Milk
3 28 Inspection Law" (Code chapter 192). The person also would
3 29 not be required to obtain a license or comply with inspection
3 30 requirements under the "Iowa Commercial Feed Law" (Code chapter
3 31 198). The bill requires that a container holding unpasteurized
3 32 or ungraded milk or a milk product be conspicuously labeled. A
3 33 person who purchases milk or a milk product for commercial feed
3 34 for resale is guilty of a simple misdemeanor (new Code section
3 35 192.113A). A simple misdemeanor is punishable by confinement
4 1 for no more than 30 days or a fine of at least $65 but not more
4 2 than $625 or by both.
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