Bill Text: CA AB2505 | 2013-2014 | Regular Session | Amended
Bill Title: Milk: home dairy farms: sharing, exchange, or direct sale of raw milk.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-04-09 - In committee: Set, first hearing. Held without recommendation. [AB2505 Detail]
Download: California-2013-AB2505-Amended.html
BILL NUMBER: AB 2505 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 3, 2014
INTRODUCED BY Assembly Member Yamada
FEBRUARY 21, 2014
An act to add Section 32507 to, to add Article 6 (commencing with
Section 33582) to Chapter 5 of Part 1 of Division 15 of, and to add
Division 15.2 (commencing with Section 39950) to, the Food and
Agricultural Code, relating to milk.
LEGISLATIVE COUNSEL'S DIGEST
AB 2505, as amended, Yamada. Milk: home dairy farms: sharing,
exchange, or direct sale of raw milk.
(1) Existing law, the Milk and Milk Products Act of 1947,
regulates the preparation, production, manufacture, distribution, and
sale of milk, and specified milk products. For purposes of the act,
"dairy farm" is defined to mean any place or premises upon which milk
is produced for sale or other distribution and where more than 2
cows or water buffalo, or 6 goats, sheep, or other hooved mammals,
are in lactation. Existing law makes a violation of the Food and
Agricultural Code a misdemeanor, unless a different penalty is
expressly provided.
This bill would, for purposes of the act, define "home dairy farm"
to mean any place or premises upon which raw milk is produced, where
no more than 3 cows or water buffalo, or 15 goats, sheep, or other
hooved mammals, are in lactation, and the raw milk produced by those
lactating animals is primarily intended for consumption at the home
dairy farm. The bill would exclude raw milk produced at a home dairy
farm from the act, and would enact the Home Dairy Farm Raw Milk
Safety Act, which prescribes various requirements for the safe
production of raw milk, as defined, at home dairy farms that is
shared, exchanged, or offered for direct sale, as defined, by the
home dairy farm, as prescribed.
This bill would permit a home dairy farm to share, exchange, or
engage in the direct sale of raw milk that is in excess of the
consumption needs of the home dairy farm, if the raw milk is obtained
from healthy, lactating animals kept and fed on the premises of the
home dairy farm, and meets specified health and safety requirements.
The bill would require that any raw milk that is shared, exchanged,
or directly sold pursuant to the Home Dairy Farm Raw Milk Safety Act
be clean, pure, and unadulterated, and obtained from healthy animals
that do not test positive for specified diseases and meet other
specified requirements.
By imposing new requirements on home dairy farms, with regard to
the sharing, exchange, or direct sale of raw milk, a violation of
which would be a crime, the bill would impose a state-mandated local
program.
(2) Existing law, the Sherman Food, Drug, and Cosmetic Law
(Sherman Law), requires the State Department of Public Health to
regulate the manufacture, sale, labeling, and advertising activities
related to food, drugs, devices, and cosmetics in conformity with the
Federal Food, Drug, and Cosmetic Act. The Sherman Law authorizes any
authorized agent of the department, upon presenting appropriate
credentials and at a reasonable time, to enter and inspect factories,
warehouses, or other establishments to determine, among other
things, whether any food, drug, device, or cosmetic is adulterated,
misbranded, or falsely advertised, as provided.
This bill would authorize, for purposes of determining compliance
with the requirements of the Home Dairy Farm Raw Milk Safety Act
bill , any authorized agent of a state or local
enforcement agency, including the State Department of Public Health,
or a representative of a local health department of a city, county,
or city and county, upon presenting appropriate credentials and at a
reasonable time, to access, for inspection purposes, a home dairy
farm if the authorized agent or representative has, on the basis of a
consumer complaint, or other reliable source of information, a
reasonable belief, supported by standard epidemiological practice or
credible scientific research, that raw milk produced or sold by a
home dairy farm may be adulterated or otherwise unsafe for human
consumption due to exposure to disease or contaminants, or improper
storage or handling, or that the home dairy farm has violated the
Home Dairy Farm Raw Milk Safety Act.
(3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) Farm families have been choosing to drink raw milk from their
cows, goats, or other lactating animals for decades, and have
traditionally shared and exchanged raw milk with neighbors and
friends.
(b) Individuals throughout California choose to drink unprocessed
raw milk for taste, access, or health reasons, and often prefer to
purchase fresh milk from a neighbor rather than at a retail store,
just as they might acquire eggs from family-owned chickens or produce
from family gardens.
(c) The consumption of raw milk is not prohibited by law in this
state, and 33 other states prescribe varying standards to allow for
limited forms of sale of raw cow or goat milk.
SEC. 2. It is the intent of the Legislature in enacting Division
15.2 (commencing with Section 39950) of the Food and Agricultural
Code, to accomplish all of the following:
(a) Authorize farm families in California to exchange, share, or
sell limited quantities of raw milk produced at a home dairy farm
that is in excess of household needs.
(b) Ensure that the exchange, sharing, and direct sale of raw milk
produced by a home dairy farm is regulated so that any raw milk that
is exchanged, shared, or sold conforms to appropriate health and
labeling standards.
(c) Exempt small scale home dairy farm operations from burdensome
laws and regulations applicable to the production of market milk by
large-scale retail milk producers that are not necessary or
appropriate for the operation of small home dairy farms producing raw
milk.
SEC. 3. Section 32507 is added to the Food and Agricultural Code,
to read:
32507. "Home dairy farm" means any place or premises upon which
raw milk is produced, where no more than three cows or water buffalo,
or 15 goats, sheep, or other hooved mammals, are in lactation, and
the raw milk produced by those lactating animals is primarily
intended for consumption at the home dairy farm. Home dairy farm does
not include any place or premises upon which raw milk is produced,
manufactured, or processed for retail sale.
SEC. 4. Article 6 (commencing with Section 33582) is added to
Chapter 5 of Part 1 of Division 15 of the Food and Agricultural Code,
to read:
Article 6. Home Dairy Farms
33582. The requirements of this division regulating raw milk do
not apply to a home dairy farm as defined in Section 32507. A home
dairy farm shall instead be subject to Division 15.2 (commencing with
Section 39950).
SEC. 5. Division 15.2 (commencing with Section 39950) is added to
the Food and Agricultural Code, to read:
DIVISION 15.2. HOME DAIRY FARM RAW MILK SAFETY ACT
39950. For purposes of this division, the following terms have
the following meanings:
(a) "Direct sale" means a transaction between a home dairy farmer
and a consumer, where the consumer purchases the raw milk directly
from the home dairy farm. Direct sales are limited to onsite sales at
a home dairy farm, which may include the preordering of raw milk
from the home dairy farm. Direct sale does not include any sales
arranged online or through a retailer or other distributor.
(b) "Home dairy farm" has the same meaning as in Section 32507.
(c) "Home dairy farmer" means a person who owns or operates a home
dairy farm.
(d) "Raw milk" means milk that is produced at a place or premise
of a home dairy farm that is not pasteurized, processed, or otherwise
adulterated.
39951. A home dairy farm shall not engage
do either of the following:
(a) Engage in the manufacturing,
processing, or online or retail sale of raw milk.
(b) Sell or exchange any raw milk produced at the home dairy farm
at any temporary food events, such as food fairs, tastings, or
cooking demonstrations, or at farmers' markets.
39952. A home dairy farm may share, exchange, or engage in the
direct sale of raw milk that is in excess of the consumption needs of
the home dairy farm, if the raw milk is obtained from healthy,
lactating animals that are kept and fed on the premises of the home
dairy farm and meet the requirements of this division. Any raw milk
that is shared, exchanged, or directly sold pursuant to this division
shall be clean, pure, and unadulterated, and obtained from healthy
animals that do not test positive for brucellosis or tuberculosis or
other diseases.
39953. (a) A home dairy farm shall arrange
for the testing of all animals kept and fed on the premises of the
home dairy farm, at least once annually, for brucellosis and
tuberculosis. The testing shall be performed by a licensed
veterinarian who is approved by the department or accredited by the
United States Department of Agriculture. An animal that tests
positive for brucellosis or tuberculosis shall be immediately
isolated from all other animals at the home dairy farm, and its milk
may not be shared, exchanged, or sold until such time that the animal
tests negative for brucellosis or tuberculosis and is determined by
a licensed veterinarian to be healthy.
(b) A home dairy farm shall maintain and make available for
review, for a period of at least two years after collection of the
information or records, at an accessible location on the premises of
the home dairy farm, the following records:
(1) A record of required analyses and bacteriological examinations
of raw milk produced at the home dairy farm.
(2) Records of brucellosis and tuberculosis testing results, as
required by subdivision (a).
39954. Any raw milk sold by direct sale pursuant to this division
shall comply with the following requirements:
(a) The raw milk shall be kept in a container that is clearly
labeled with the product name, "raw milk," with the words, "keep
refrigerated" on the label. The container label shall also contain
the name and address of the home dairy farm, the product quantity,
the date packaged, and the following warning prominently displayed on
the packaging:
WARNING: Raw unpasteurized milk and raw dairy products may contain
disease-causing microorganisms. Persons at highest risk of
disease from these organisms include newborns and infants, the
elderly, pregnant women, those taking corticosteroids, antibiotics,
or antacids, and persons with chronic illnesses or other conditions
that weaken their immune system risk of disease from
these organisms include newborns, infants and children, the elderly,
pregnant women, those taking corticosteroids, antibiotics, or
antacids, and those persons with chronic illnesses or other con
ditions that weaken their immune system .
(b) Raw milk produced by a home dairy farm that is subject to this
division shall not be sold or made available for other distribution
as market milk, guaranteed milk, certified milk, Grade A milk, or
processed milk, and shall not be subject to regulation as those types
of milk are under applicable laws.
(c) Any raw milk directly sold under this division shall be
contained in containers no larger than one gallon in size.
(d) Any raw milk that is directly sold under this division shall
be contained in bottles, and shall be labeled by use of a securely
attached and readable neck tag.
39955. A home dairy farm shall not mislabel or disseminate any
false advertising that makes a statement or claim regarding the
health benefits of raw milk, which is unsubstantiated by widely
accepted scientific or medical evidence, or that is otherwise
prohibited under state or federal law.
39955. 39956. A home dairy farm
that engages in the sharing, exchange, or direct sale of raw milk
under this division shall comply with the following requirements for
the care and feeding of its animals:
(a) Feed for dairy animals shall not be spoiled or otherwise unfit
for the consumption by milk-producing animals, and shall be
protected from contamination during storage.
(b) Dairy animals shall be kept in a clean, safe, and sanitary
environment.
(c) Dairy animals shall have access to supplies of clean water
that are free of contamination.
(d) Any person who has contact with raw milk produced by an animal
shall be clean and free of communicable disease, and not in a
condition to spread any communicable disease.
(e) Any person who will be milking a dairy animal shall be
required to wash his or her hands before contact with the animal.
(f) Dairy animals shall be milked in a location that has overhead
protection during inclement weather, that is kept clean and free of
accumulated dust, cobwebs, manure, urine, or other filth.
(g) Dairy animals shall be kept clean during milking.
(h) All equipment used for milking dairy animals shall be
thoroughly cleaned and sanitized after each use and stored in a clean
area protected from flies, rodents, and other contaminants.
(i) The water supply used for washing or cleaning animals or
equipment shall be from a potable source.
(j) Any raw milk collected pursuant to this division shall be
cooled to 50 degrees Fahrenheit (10 degrees Celsius) or less within
two hours of the commencement of milking and to 45 degrees Fahrenheit
(7 degrees Celsius) or less within four hours of the completion of
milking, and shall remain refrigerated at that temperature until
provided to the consumer. Any raw milk provided to a consumer by a
home dairy farm shall not contain more than 15,000 bacteria per
milliliter or more than 10 coliform bacteria per millimeter.
(k) Any raw milk offered for sharing, exchange, or direct sale
pursuant to this division shall not contain more than 600,000 somatic
cells per milliliter of cow's milk or no more than 1,000,000 somatic
cells per milliliter of goat's milk.
(l) Any raw milk offered for sharing, exchange, or direct sale
shall be filtered before final packaging using a single-service
filter. The filtering and packaging of raw milk shall be done in a
room that is clean and protected from flies, rodents, and other
contaminants.
(m) A person who purchases or receives raw milk from a home dairy
farm subject to this division shall not resell or redistribute the
raw milk to third parties.
39956. 39957. (a) Notwithstanding
any other law, for purposes of determining compliance with the
requirements of this division, any authorized agent of a state or
local enforcement agency, including the State Department of Public
Health, or a representative of a local health department of a city,
county, or city and county, may, upon presenting appropriate
credentials and at a reasonable time, access, for inspection
purposes, a home dairy farm if the authorized agent or representative
has, on the basis of a consumer complaint, or other reliable source
of information, a reasonable belief, supported by standard
epidemiological practice or credible scientific research, that raw
milk produced or sold by a home dairy farm may be adulterated or
otherwise unsafe for human consumption due to exposure to disease or
other contaminants, or improper storage or handling, or that the home
dairy farm has violated this subdivision.
(b) Access to a home dairy farm for purposes of carrying out an
inspection of a home dairy farm pursuant to subdivision (a) shall be
limited to the premises where lactating animals are kept
, milking equipment, or bottling equipment is kept, or
where milk is bottled and worker sanitation facilities are
maintained, as required by Section 39956 .
SEC. 6. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
