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SECOND REGULAR SESSION
HOUSE BILL NO. 2846
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE DURNELL.
4466H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal sections 196.931 and 196.935, RSMo, and to enact in lieu thereof two new sections
relating to the selling of raw milk.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 196.931 and 196.935, RSMo, are repealed and two new sections
2 enacted in lieu thereof, to be known as sections 196.931 and 196.935, to read as follows:
196.931. As used in sections 196.931 to 196.953 , unless the context clearly indicates
2 otherwise, the following words and terms shall have the meaning indicated:
3 (1) "Grade A pasteurized milk", grade A raw milk for pasteurization [ which ] that has
4 been pasteurized, cooled, and placed in the final container in a milk plant and conforming
5 with the sanitation and bacteriological standards authorized by sections 196.931 to 196.953
6 and regulations promulgated thereunder;
7 (2) "Grade A raw milk for pasteurization", raw milk for pasteurization from producer
8 dairies and conforming with all of the sanitation and bacteriological standards authorized by
9 sections 196.931 to 196.953 and regulations [ which are ] promulgated thereunder;
10 (3) "Graded fluid milk and fluid milk products", milk products include cream, light
11 cream, cof fee cream, table cream, whipping cream, light whipping cream, heavy cream,
12 heavy whipping cream, whipped cream, whipped light cream, whipped coffee cream,
13 whipped table cream, sour cream, cultured sour cream, half-and-half, sour half-and-half,
14 cultured half-and-half, reconstituted or recombined milk and milk products, concentrated
15 milk, concentrated milk products, skim milk, skimmed milk, lowfat milk, fortified milk and
16 milk products, vitamin D milk and milk products, homogenized milk, flavored milk or milk
17 products, eggnog, eggnog flavored milk, eggnog flavored lowfat milk, buttermilk, cultured
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
18 buttermilk, cultured milk, cultured whole milk buttermilk, and acidified milk and milk
19 products, and other fluid milk and fluid milk products so declared by the board [ which ] that
20 are sold, of fered for sale, exposed for sale, delivered , or advertised as graded milk and milk
21 products;
22 (4) "Manufacturing raw milk", milk that does not meet the requirements of grade A
23 raw milk for pasteurization as defined in sections 196.931 to 196.959;
24 (5) "Milk plant", any place, premises , or establishment where graded fluid milk or
25 fluid milk products are collected, handled, processed, stored, bottled, pasteurized , and
26 prepared for distribution, except an establishment where graded fluid milk products are sold
27 at retail as purchased from a milk plant;
28 (6) "Milk plant operator", any person, firm, corporation , or association operating any
29 milk plant;
30 (7) "Milk producer", any person who operates a dairy farm and provides, sells, or
31 of fers milk for sale to a milk plant, receiving station, or transfer station;
32 (8) "Off icial rating agency", the state milk board;
33 (9) "Off icial rating survey", the survey conducted by the official state rating agency ,
34 as required by sections 196.931 to 196.953;
35 (10) "Person" [ shall mean ] , an individual or individuals, or a firm, partnership,
36 company , corporation, trustee, or association;
37 (1 1) "Political subdivision", any municipality , city , incorporated town, village,
38 county , township, district or authority , or any portion or combination of two or more thereof;
39 (12) "Raw milk prod uct", a consumer prod uct that is the res ult of pr ocesses that
40 include raw milk or raw cream as an ingr edient including, but not limited to, butter ,
41 buttermilk, cheese, cottage cheese, kefir , yogurt, and other derivative pro ducts that use
42 raw milk as an ingr edient;
43 (13) "Retail raw milk or cr eam", raw milk or cream prod uced on dairy farms
44 that have obtained listed status fr om the Raw Milk Institute;
45 (14) "State department of agriculture", the department of agriculture of Missouri;
46 [ (13) ] (15) "State department of health and senior services", the department of health
47 and senior services of Missouri;
48 [ (14) ] (16) "State milk board", an appointed state agency functioning as administrator
49 of state milk inspection; [ and
50 (15) ] (17) "State milk inspection", the services of inspection, regulation, grading, and
51 program evaluation of fluid milk and fluid milk products by agents, representatives , or
52 employees of the state milk board under the terms and provisions of sections 196.931 to
53 196.959 and regulations adopted to regulate the production, transportation, processing,
54 manufacture, distribution , and sale of graded fluid milk and fluid milk products.
HB 2846 2
196.935. 1. No person shall sell, of fer for sale, expose for sale, transport, or deliver
2 any graded fluid milk or graded fluid milk products in this state unless the milk or milk
3 products are graded and produced, transported, processed, manufactured, distributed, labeled ,
4 and sold under state milk inspection and the same has also been produced or pasteurized as
5 required by a regulation authorized by section 196.939 and under proper permits issued
6 thereunder . Only pasteurized graded fluid milk and fluid milk products as defined in
7 [ subdivision (3) of ] section 196.931 shall be sold to the final consumer , or to restaurants, soda
8 fountains, grocery stores, or similar establishments; except that:
9 (1) Retail raw milk or crea m or raw milk prod ucts pro duced in Missouri may be
10 sold to grocer y stor es, farmers markets, or similar establishments as long as t he reta il
11 raw milk or cream or raw milk pr oduct is clearly labeled: "W ARNING: This pr oduct
12 has not been pasteurized and, ther efor e, may contain harmful bacteria that can cause
13 serious illness in children , the elderly , and persons with weakened immune systems.";
14 and
15 (2) An individual who is the final consumer may purchase and have delivered to
16 [ him ] the individual for [ his ] the individual's own use raw milk or cream or raw milk
17 pr oduct from a farm.
18 2. Any dairy farm pr oducing ret ail raw milk or crea m or raw milk prod ucts
19 shall have its herd tested annually for tubercu losis and brucellosis by a veterinarian and
20 shall be tubercul osis-fr ee and brucellosis-fr ee before selling any raw milk or cr eam or
21 raw milk pr oducts.
✔
HB 2846 3