Bill Text: IA HF209 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act providing for the sale of unpasteurized or ungraded milk or milk products produced at a dairy farm to an individual for use as commercial feed for animals and making penalties applicable.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2015-02-18 - Subcommittee, Paustian, Kearns, and Moore. H.J. 355. [HF209 Detail]
Download: Iowa-2015-HF209-Introduced.html
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: TLSB 1595YH (4) 86 da/rj 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 3AllExcept 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. LSB 1595YH (4) 86 da/rj
