Bill Text: NJ A743 | 2010-2011 | Regular Session | Amended

---

Bill Title: Permits sale of raw milk under certain conditions and establishes raw milk permit program.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2011-03-21 - Received in the Senate, Referred to Senate Economic Growth Committee [A743 Detail]

Download: New_Jersey-2010-A743-Amended.html

---

[First Reprint]

ASSEMBLY, No. 743

STATE OF NEW JERSEY

214th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION

 

 

Sponsored by:

Assemblyman  JOHN DIMAIO

District 23 (Warren and Hunterdon)

Assemblywoman  CONNIE WAGNER

District 38 (Bergen)

 

Co-Sponsored by:

Assemblywomen Vandervalk, McHose and Assemblyman Peterson

 

 

 

 

SYNOPSIS

     Permits sale of raw milk under certain conditions and establishes raw milk permit program.

 

CURRENT VERSION OF TEXT

     As amended by the General Assembly on March 3, 2011.

  

An Act permitting the sale of raw milk, amending P.L.1964, c.62 and supplementing Title 24 of the Revised Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    Section 17 of P.L.1964, c.62 (C.24:10-57.17) is amended to read as follows:

     17.  No person shall sell, offer for sale, or distribute to ¹[the ultimate ] a¹ consumer any milk or cream that is not pasteurized unless the person is a holder of a valid raw milk permit issued ¹[by the department]¹ pursuant to section 3 of P.L.    , c.   (C.        ) (pending before the Legislature as this bill).

(cf: P.L.1987, c.302, s.2)

 

     2.    Section 18 of P.L.1964, c.62 (C.24:10-57.18) is amended to read as follows:

     18.  No milk products nor fluid milk products shall be manufactured, shipped, transported, or imported for use or sale within this State unless the milk and fluid milk products used in the manufacture of such food products are pasteurized before or during manufacture into milk products or fluid milk products, provided, however, that this shall not apply to cheese which has been  kept for at least 60 days after manufacture at a temperature no lower than 35  degrees Fahrenheit.  This section shall not apply to milk products or fluid milk products produced by a holder of a valid raw milk permit issued ¹[by the department] pursuant to section 3 of P.L.    , c.   (C.        ) (pending before the Legislature as this bill)¹.

(cf: P.L.1964, c.62, s.18)

 

     3.    (New section) a. The ¹[department] Department of Agriculture, in consultation with the Department of Health and Senior Services,¹ shall establish a raw milk permit program.  The raw milk permit program shall allow ¹[a permit] the¹ holder ¹of a raw milk permit¹ to sell, offer for sale or otherwise make available raw milk directly to consumers ¹[or retail stores] but only at the farm or property where the raw milk is produced.  The Department of Agriculture shall issue a raw milk permit to an applicant after the Department of Agriculture and the Department of Health and Senior Services have each received, reviewed, and approved a permit application from the applicant, pursuant to the provisions of this section  and any rules and regulations adopted pursuant thereto¹.

     b.    The raw milk permit program shall require: (1) the applicant to be in compliance ¹[,]¹ and ¹,¹ once a permit has been issued, to continue to be in compliance with all applicable provisions of the New Jersey dairy laws, rules and regulations; (2) the permit holder to submit to, and the ¹[department] Department of Agriculture, in consultation with the Department of Health and Senior Services,¹  to conduct ¹[, semi-annual]¹ inspections ¹, in conjunction with any other inspections currently conducted by the Department of Health and Senior Services or Department of Agriculture at dairy farms,¹ to ensure compliance with the requirements prescribed in this section; (3) the permit holder ¹to¹ post a notice conspicuously on the permit holder's property ¹[, and prominently on the labels of bottles containing the permit holder's raw milk,]¹ stating that raw milk does not provide the protection of pasteurization ¹, and to comply with the labeling and signage requirements established by subsection c. of this section¹ ; and (4) the applicant to sign an affidavit agreeing that the applicant will not use growth hormones or cows that are given growth hormones in the production of raw milk. The ¹[department] Department of Agriculture, in consultation with the Department of Health and Senior Services,¹ shall establish standards for proper packaging of raw milk with the exception of single serve containers of hand filled milk, which shall be permissible within the milk room.

     c.     ¹Wherever raw milk is advertised, sold, or dispensed, the permit holder shall post at least one sign that can easily be observed by anyone entering the place where the raw milk is advertised, sold, or dispensed.  Each sign shall be no less than eight by 11 inches in total dimension and shall state, in letters not less than one inch in height: "Raw Milk Is Not Pasteurized and May Contain Organisms that Cause Human Disease."

     d.¹   The ¹[department] Department of Agriculture, in consultation with the Department of Health and Senior Services,¹ shall establish a raw milk permit fee to be collected by the ¹[department] Department of Agriculture¹ in an amount estimated to cover the ¹[department's cost] costs¹ of administering the raw milk permit program incurred by ¹the Department of Agriculture and the Department of Health and Senior Services. The Department of Agriculture shall transfer to the Department of Health and Senior Services the appropriate portion of collected fees in accordance with an appropriate schedule established and agreed to by the departments¹.  This fee shall be in addition to any other fee required by law for the production or sale of milk in the State.

     ¹[d.] e.¹     The ¹[department] Department of Agriculture, in consultation with the Department of Health and Senior Services,¹ shall conduct cattle health tests, for those cattle used in the production of raw milk, for evidence of tuberculosis, brucellosis, Johnes disease and any other disease the ¹Department of Agriculture, in consultation with the Department of Health and Senior Services,¹ determines poses a danger to public health on an initial basis and continuing basis as required.

     ¹[e.] f.¹      Raw milk for sale, pursuant to this section, shall be cooled to 40 degrees Fahrenheit or less within two hours after milking, and during milking the blended milk shall not exceed 50 degrees Fahrenheit.

     ¹[f.] g.¹      A permit holder shall test the raw milk produced to demonstrate compliance with standards established in this subsection.  Raw milk shall: (1) contain a bacterial count not in excess of 10,000 colonies standard plate count per milliliter; (2) contain a coliform count not in excess of 10 per milliliter; (3) contain a somatic cell count not in excess of 300,000 per milliliter of retail raw milk; and (4) contain no antibiotic residue according to current accepted standards.  Testing to establish the standards required under this subsection shall be conducted on a bimonthly basis, at the permit holder's expense, by an independent laboratory approved by the ¹[department] Department of Agriculture, in consultation with the Department of Health and Senior Services¹.  Each permit holder shall maintain a log of the test results on a rolling thirteen month schedule.  Test results that fail to meet the standards established in this ¹[section] subsection¹ shall be reported to the ¹[department] Department of Agriculture and to the Department of Health and Senior Services¹ by the permit holder and the independent laboratory that performed the test.

     ¹[g.] h.¹     If testing results fail to meet the compliance requirements established in subsection ¹[f.] g.¹ of this section, then a second test shall be conducted.  If the second test results fail to meet the compliance requirements established in subsection ¹[f.] g.¹ of this section, then the sale of milk from the failing facility shall be suspended.  Sale of raw milk from the failing facility may resume only upon a showing of two consecutive tests, within a ten day period, meeting the compliance requirements established in subsection ¹[f.] g.¹ of this section.  If a permit holder receives two suspensions within a one year period for failure to meet the compliance requirements established in subsection ¹[f.] g.¹ of this section, then the permit holder's permit shall be revoked.

     ¹[h.] i.¹      Raw milk products such as yogurt, kefir, butter, cottage cheese, and raw milk cheese may be produced and sold by a permit holder provided they are in compliance with all of the requirements of this section.

     ¹[i.] j.¹       Nothing in this section, nor any other law, shall preclude a consumer, for the purpose of obtaining raw milk, and a farmer from entering into a contract for shared ownership of a cow and contractually prescribing the terms and conditions of milk production.  If a contract is entered into pursuant to this subsection,  no raw milk permit shall be required.

     ¹[j.] k.¹      For the purposes of this section:

     "Applicant" means a person ¹who owns, and produces milk or milk products from, one cow or goat or more and is¹ seeking a raw milk permit ¹[from the department] pursuant to this section¹ .

     ¹["Department" means the New Jersey Department of Agriculture.]¹

     "Permit holder" means a person in possession of a valid raw milk permit issued ¹[by the department]¹ pursuant to this section ¹.¹

     "Raw milk" means milk that has not been pasteurized.

 

     4.    This act shall take effect on the 180th day after the date of enactment, but the Secretary of Agriculture ¹and the Commissioner of Health and Senior Services¹ may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.