Senate File 2306 - Introduced




                                 SENATE FILE       
                                 BY  CHELGREN

                                      A BILL FOR

  1 An Act providing for the manufacture and sale of cheese
  2    manufactured using raw milk, and making penalties
  3    applicable.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 5406XS (6) 85
    da/sc

PAG LIN



  1  1    Section 1.  Section 159.6, subsection 7, Code 2014, is
  1  2 amended to read as follows:
  1  3    7.  Regulation and inspection of foods, drugs, and other
  1  4 articles, as provided in Title V, subtitle 4, but chapter 205
  1  5 of that subtitle shall be enforced as provided in that chapter.
  1  6 Except as expressly authorized in subtitle 4, the department
  1  7 shall not regulate the production, processing, labeling, or
  1  8 marketing of a cheese produced using raw milk as an ingredient.
  1  9    Sec. 2.  Section 191.2, subsection 5, unnumbered paragraph
  1 10 1, Code 2014, is amended to read as follows:
  1 11    All Except as provided in subsection 5A, bottles,
  1 12 containers, and packages enclosing milk or milk products shall
  1 13 be conspicuously labeled or marked with:
  1 14    Sec. 3.  Section 191.2, Code 2014, is amended by adding the
  1 15 following new subsection:
  1 16    NEW SUBSECTION.  5A.  A person who operates a dairy farm as
  1 17 provided in chapter 192 and who sells cheese produced using raw
  1 18 milk as an ingredient in accordance with section 192.144 shall
  1 19 label the package containing the cheese as required by the
  1 20 department.  The department shall require a label that notifies
  1 21 consumers that the cheese is manufactured using raw milk.
  1 22 However, the label shall neither promote nor discourage the
  1 23 consumption of the cheese, and the label shall conform with any
  1 24 applicable federal requirements, including 7 C.F.R. {58.439.
  1 25    Sec. 4.  NEW SECTION.  191.9A  Exception for on=farm sale of
  1 26 cheese produced using raw milk.
  1 27    A person who operates a dairy farm as provided in chapter
  1 28 192 and who sells cheese produced using raw milk as an
  1 29 ingredient in accordance with section 192.144 shall label the
  1 30 package containing the cheese as required by the department in
  1 31 conformance with federal law, including 7 C.F.R. {58.439.
  1 32    Sec. 5.  Section 192.103, Code 2014, is amended to read as
  1 33 follows:
  1 34    192.103  Sale of grade "A" milk to final consumer ==
  1 35 impoundment of adulterated or misbranded milk.
  2  1    1.  Only grade "A" pasteurized milk and milk products
  2  2 shall be sold to the final consumer, or to restaurants, soda
  2  3 fountains, grocery stores, or similar establishments;, except
  2  4 in as follows:
  2  5    a.  In an emergency, the sale of pasteurized milk and milk
  2  6 products which have not been graded, or the grade of which is
  2  7 unknown, may be authorized by the secretary, in which case,
  2  8 such products shall be labeled "ungraded".
  2  9    b.  A person who operates a dairy farm may sell cheese
  2 10 produced using raw milk as an ingredient to an individual in
  2 11 compliance with section 192.144.
  2 12    2.  No person shall within the state produce, provide, sell,
  2 13 offer, or expose for sale, or have in possession with intent
  2 14 to sell, any milk or milk product which is adulterated or
  2 15 misbranded; except, in an emergency, the sale of pasteurized
  2 16 milk and milk products which have not been graded, or the grade
  2 17 of which is unknown, may be authorized by the secretary, in
  2 18 which case such products shall be labeled "ungraded".
  2 19    3.  Any adulterated or misbranded milk or milk product
  2 20 may be impounded by the secretary or authorized municipal
  2 21 corporation and disposed of in accordance with applicable laws
  2 22 or regulations.
  2 23    Sec. 6.  NEW SECTION.  192.144  Exception for on=farm sale of
  2 24 cheese produced using raw milk.
  2 25    1.  A person may manufacture cheese using raw milk that
  2 26 has not been pasteurized in accordance with subsection 2,
  2 27 notwithstanding any of the following:
  2 28    a.  Any other provision of this chapter, including rules
  2 29 adopted by the department pursuant to section 192.102 or other
  2 30 provisions of this chapter.
  2 31    b.  Any applicable federal requirement for producing,
  2 32 holding, distributing, or selling milk or a milk product that
  2 33 has not been pasteurized, including as provided in 21 C.F.R.
  2 34 {1240.61.
  2 35    2.  A person may produce, store, distribute, and sell raw
  3  1 milk for the manufacture of cheese, and the person may store,
  3  2 distribute, or sell the cheese.  The person may distribute or
  3  3 sell the cheese on a retail or wholesale basis.  However, the
  3  4 person must do all of the following:
  3  5    a.  Operate a dairy farm regulated under this chapter.
  3  6    b.  Manufacture the cheese from raw milk originating from the
  3  7 dairy farm operated by the person or a neighboring dairy farm
  3  8 located within twenty=five miles from the person's dairy farm.
  3  9    c.  Manufacture a variety of cheese identified by standards
  3 10 adopted by the United States food and drug administration
  3 11 pursuant to 21 C.F.R. pt. 133.
  3 12    d.  Comply with requirements for curing the cheese variety as
  3 13 specified in 21 C.F.R. pt. 133.
  3 14    Sec. 7.  NEW SECTION.  194.22  On=farm sale of cheese produced
  3 15 using raw milk.
  3 16    The department shall establish standards for the grading of
  3 17 raw milk used in the manufacture of cheese pursuant to section
  3 18 192.144.
  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    BILL'S PROVISIONS.  This bill relates to the processing
  3 23 of milk and the manufacture of milk products on dairy farms.
  3 24 The bill provides that the department of agriculture and land
  3 25 stewardship (DALS) cannot regulate the production, processing,
  3 26 labeling, or marketing of cheese produced using raw milk as an
  3 27 ingredient, except as provided in the bill. The bill provides
  3 28 that a person may produce, store, distribute, and sell raw
  3 29 milk for the manufacture of cheese.  It also provides that the
  3 30 person may store, distribute, or sell the cheese on a retail
  3 31 or wholesale basis.  However, certain conditions apply.  The
  3 32 person must operate a dairy farm, the person must manufacture
  3 33 the cheese from raw milk originating from the person's own
  3 34 dairy farm or a neighboring dairy farm, and the type of cheese
  3 35 manufactured must be regulated by the United States food and
  4  1 drug administration (FDA).  The cheese must also be labeled as
  4  2 required by DALS.  The label cannot promote or discourage a
  4  3 purchase.  DALS must establish standards for the grading of raw
  4  4 milk used in the manufacture of cheese.
  4  5    BACKGROUND == STATE REGULATION.  DALS regulates dairy farms,
  4  6 including the production and grading of milk (Code section
  4  7 159.6).  Generally, statutory provisions and departmental rules
  4  8 regulating milk are based on uniform regulations referred to
  4  9 as the "Grade 'A' Pasteurized Milk Ordinance" (Code section
  4 10 192.102).  Under state law, food offered or exposed for sale
  4 11 must be labeled (Code section 191.1).  This includes the
  4 12 labeling of milk or milk products (Code section 191.2).  All
  4 13 milk must be sold on the basis of grade (Code section 194.10)
  4 14 and only grade "A" pasteurized milk and milk products can be
  4 15 sold to the final consumer (Code section 192.103), although
  4 16 grade "B" milk may be sold for manufacturing purposes (21 IAC
  4 17 68.2).  All dairy farms selling grade "A" or grade "B" milk
  4 18 must be issued a permit (21 IAC 68.2).
  4 19    BACKGROUND == FEDERAL REGULATION.  FDA requires mandatory
  4 20 pasteurization for all milk and milk products in final package
  4 21 form intended for human consumption (21 C.F.R. {1240.61).  One
  4 22 exception applies to a list of enumerated cheeses.  A cheese
  4 23 included on the list may be manufactured using raw milk using
  4 24 aging as an alternative process.  The cheese has to be aged for
  4 25 at least 60 days at a temperature of not less than 35 degrees
  4 26 Fahrenheit (21 C.F.R. pt. 133).  The United States department
  4 27 of agriculture has adopted a similar provision relating to
  4 28 labeling (7 C.F.R. {58.439).
  4 29    PENALTIES.  A person who violates the bill's provisions is
  4 30 guilty of a simple misdemeanor (Code section 189.21).  A simple
  4 31 misdemeanor is punishable by confinement for no more than 30
  4 32 days or a fine of at least $65 but not more than $625 or by
  4 33 both.
       LSB 5406XS (6) 85
       da/sc