Relating to raw milk, by providing for 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, and making penalties applicable

BACKGROUND. This bill amends provisions regulating dairies where raw milk is produced and processed for human consumption (fluid milk), or produced and processed to be manufactured as a food item (a milk product or dairy product) at a processing or manufacturing facility (milk plant or dairy plant). Generally, the department of inspections and appeals (DIA), or a local authority under contract with DIA, provides for the licensing and inspection of both food processing plants and food establishments such as grocery stores and restaurants. The production and processing of milk, and the processing and manufacture of milk products and dairy products, are administered and enforced by the department of agriculture and land stewardship (DALS). FEDERAL LAW. Generally, states are provided responsibility for enacting health and sanitation standards for their dairy industry subject to oversight by the federal government.102). The PMO provides standards for the production, processing, distribution, transportation, handling, sampling, examination, grading, labeling, and sale of grade “A” pasteurized milk and grade “A” milk products. In administering the PMO, DALS conducts inspections of dairy herds, dairy farms, milk plants, milk receiving stations, and milk transfer stations.12). 131). 1240).1). Grade “A” milk is the standard used for fluid milk production. Grade “B” milk is subject to less restrictive standards allowing it to be used in manufacturing (Code chapter 194). DALS GENERAL AUTHORITY.25).4).15).5).17).146). BILL’S PROVISIONS —— TERMINOLOGY.1). Code chapters refer to both terms “milk product” and “dairy product” as does federal law.101).1).7). BILL’S PROVISIONS —— EXCLUSION FROM DIA REGULATIONS.2A).1).8B). BILL’S PROVISIONS —— ADMINISTRATION AND ENFORCEMENT. The bill’s provisions are codified as new Code chapter 195. The new chapter is construed to supplement applicable provisions of the other Code chapters regulating the state’s dairy industry (Code chapters 190, 191, 192, and 194). DALS is prohibited from adopting rules to administer or enforce provisions in the new Code chapter. BILL’S PROVISIONS —— REQUIREMENTS FOR PROCESSING, MARKETING, AND DISTRIBUTING RAW MILK OR MANUFACTURING, MARKETING, AND DISTRIBUTING A RAW MILK PRODUCT OR RAW MILK DAIRY PRODUCT.1). The milk cannot be pasteurized or graded. On a monthly basis, the raw milk producer must test each dairy animal to determine its coliform and standard plate counts.6).7). The order must be made at the raw milk dairy. The individual may examine the health records of the raw milk dairy’s dairy animals and the records must be retained for three years. The raw milk producer may deliver the raw milk or the manufactured raw milk product or raw milk dairy product to the individual at the raw milk dairy or at a location specified by the individual., a location regulated by DIA). The raw milk or the manufactured raw milk product or raw milk dairy product can only be used for consumption by the individual making the order, a member of the individual’s household, or the individual’s nonpaying guests or nonpaying employee. A person cannot resell the raw milk or the manufactured raw milk product or raw milk dairy product.8). BILL’S PROVISIONS —— RECORDS. The Iowa department of health and human services or a local board of health may demand that a raw milk producer provide it with all records of tests to determine the coliform count and standard plate count of dairy animals maintained at a raw milk dairy. APPLICABLE PENALTIES.21).38). A person who violates a provision regulated by a local board of health is also guilty of a simple misdemeanor and subject to a civil penalty not to exceed $750. A simple misdemeanor is punishable by confinement for no more than days and a fine of at least $105 but not more than $855.