A bill for an act eliminating provisions relating to raw milk, including the production of raw milk at certain dairies, the manufacture of products using raw milk, and the labeling and distribution of raw milk and manufactured products.

Senate

File

2112

-

Introduced

SENATE

FILE

2112

BY

STAED

A

BILL

FOR

An

Act

eliminating

provisions

relating

to

raw

milk,

including

1

the

production

of

raw

milk

at

certain

dairies,

the

2

manufacture

of

products

using

raw

milk,

and

the

labeling

and

3

distribution

of

raw

milk

and

manufactured

products.

4

BE

IT

ENACTED

BY

THE

GENERAL

ASSEMBLY

OF

THE

STATE

OF

IOWA:

5

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2112

Section

1.

Section

137.104,

subsection

2,

paragraph

e,

Code

1

2026,

is

amended

by

striking

the

paragraph.

2

Sec.

2.

Section

137F.1,

subsection

9,

paragraph

o,

Code

3

2026,

is

amended

by

striking

the

paragraph.

4

Sec.

3.

Section

137F.1,

subsection

10,

paragraph

d,

Code

5

2026,

is

amended

by

striking

the

paragraph.

6

Sec.

4.

Section

159.6,

subsection

6,

Code

2026,

is

amended

7

to

read

as

follows:

8

6.

a.

Regulation

and

inspection

of

foods,

drugs,

and

other

9

articles,

as

provided

in

subtitle

4

.

However,

10

b.

Notwithstanding

paragraph

“a”

,

chapter

205

shall

be

11

enforced

as

provided

in

that

chapter.

Except

as

expressly

12

authorized

in

subtitle

4

,

the

department

shall

not

regulate

any

13

of

the

following:

14

a.

The

production,

processing,

labeling,

marketing,

or

15

distribution

of

raw

milk

by

a

raw

milk

producer

in

compliance

16

with

chapter

195

.

17

b.

The

manufacture,

labeling,

marketing,

or

distribution

18

of

a

raw

milk

product

or

raw

milk

dairy

product

by

a

raw

milk

19

producer

in

compliance

with

chapter

195

.

20

Sec.

5.

Section

190.2,

subsection

3,

Code

2026,

is

amended

21

by

striking

the

subsection.

22

Sec.

6.

Section

191.2,

subsection

5,

unnumbered

paragraph

23

1,

Code

2026,

is

amended

to

read

as

follows:

24

Except

as

provided

in

subsection

6

,

a

A

container

or

package

25

enclosing

milk

or

a

milk

product

shall

be

conspicuously

labeled

26

or

marked

with

all

of

the

following:

27

Sec.

7.

Section

191.2,

subsection

6,

Code

2026,

is

amended

28

by

striking

the

subsection.

29

Sec.

8.

Section

192.103,

subsection

1,

Code

2026,

is

amended

30

to

read

as

follows:

31

1.

a.

Only

grade

“A”

pasteurized

milk

and

milk

products

32

shall

be

sold

to

the

final

consumer,

or

to

restaurants,

soda

33

fountains,

grocery

stores,

or

similar

establishments

except

as

34

follows:

.

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a.

b.

In

Notwithstanding

paragraph

“a”

,

in

an

emergency,

1

the

sale

of

pasteurized

milk

and

milk

products

that

have

2

not

been

graded,

or

the

grade

of

which

is

unknown,

may

be

3

authorized

by

the

secretary,

in

which

case,

such

products

shall

4

be

labeled

“ungraded”.

5

b.

A

raw

milk

producer

may

distribute

raw

milk,

or

a

6

manufactured

raw

milk

product

or

raw

milk

dairy

product,

in

7

compliance

with

chapter

195

.

8

Sec.

9.

REPEAL.

Sections

135.16B,

137D.2A,

137F.8B,

and

9

194.22,

Code

2026,

are

repealed.

10

Sec.

10.

REPEAL.

Chapter

195,

Code

2026,

is

repealed.

11

EXPLANATION

12

The

inclusion

of

this

explanation

does

not

constitute

agreement

with

13

the

explanation’s

substance

by

the

members

of

the

general

assembly.

14

BACKGROUND.

The

United

States

food

and

drug

administration

15

prohibits

the

delivery

of

unpasteurized

milk,

or

associated

16

products

manufactured

using

unpasteurized

milk,

in

interstate

17

commerce

(21

C.F.R.

pt.

1240).

Generally,

the

department

18

of

agriculture

and

land

stewardship

(DALS)

regulates

the

19

production,

processing,

and

intrastate

sale

of

milk,

including

20

under

the

“Pasteurized

Milk

Ordinance”

(Code

chapter

192).

In

21

2023,

the

general

assembly

enacted

Senate

File

315

(2023

Iowa

22

Acts,

chapter

75),

which

allows

a

raw

milk

producer

to

elect

23

to

produce,

process,

market,

or

distribute

raw

milk;

or

to

24

use

the

raw

milk

to

manufacture,

market,

or

distribute

a

raw

25

milk

product

or

raw

milk

dairy

product

subject

to

a

number

of

26

restrictions

(Code

chapter

195).

Under

the

2023

Act,

DALS

is

27

prohibited

from

regulating

a

raw

milk

dairy,

the

distribution

28

of

raw

milk,

or

a

raw

milk

product

or

raw

milk

dairy

product

29

manufactured

at

the

raw

milk

dairy.

The

2023

Act

provides

that

30

the

department

of

health

and

human

services

or

a

local

board

31

of

health

may

demand

that

a

raw

milk

producer

provide

records

32

of

the

dairy’s

operations,

if

an

affidavit

is

signed

by

a

33

licensed

physician

certifying

that

an

individual

contracted

an

34

illness

as

a

result

of

consuming

raw

milk

produced

at

the

raw

35

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milk

dairy,

or

a

raw

milk

product

or

a

raw

milk

dairy

product

1

manufactured

at

the

raw

milk

dairy.

2

BILL’S

PROVISIONS.

This

bill

eliminates

the

provisions

3

enacted

in

the

2023

Act.

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