Bill Text: IA SF287 | 2017-2018 | 87th General Assembly | Introduced

Iowa Senate Bill 287 (Prior Session Legislation)

Introduced

Bill Title: A bill for an act providing for the sale of unpasteurized or ungraded milk to final consumers.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-02-28 - Subcommittee: Rozenboom, Kinney, and Segebart. S.J. 425. [SF287 Detail]

Download: Iowa-2017-SF287-Introduced.html


Senate File 287 - Introduced




                                 SENATE FILE       
                                 BY  CHELGREN

                                      A BILL FOR

  1 An Act providing for the sale of unpasteurized or ungraded milk
  2    to final consumers.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  Section 192.102, Code 2017, is amended to read
  1  2 as follows:
  1  3    192.102  Grade "A" pasteurized milk ordinance.
  1  4    The department shall adopt rules incorporating or
  1  5 incorporating by reference the federal publication entitled
  1  6 "Grade 'A' Pasteurized Milk Ordinance". If the ordinance
  1  7 specifies that compliance with a provision of the ordinance's
  1  8 appendices is mandatory, the department shall also adopt
  1  9 that provision.  However, the department shall not adopt any
  1 10 provision of the ordinance that is inconsistent with the
  1 11 provisions of this chapter. The department shall not amend
  1 12 the ordinance, unless the department explains each amendment
  1 13 and reasons for the amendment in the Iowa administrative
  1 14 bulletin when the rules are required to be published pursuant
  1 15 to chapter 17A.  The department shall administer this chapter
  1 16 consistent with the provisions of the ordinance as adopted by
  1 17 the department.
  1 18    Sec. 2.  Section 192.103, Code 2017, is amended to read as
  1 19 follows:
  1 20    192.103  Sale of grade "A" milk to final consumer ==
  1 21  unpasteurized and ungraded milk and milk products == impoundment
  1 22 of adulterated or misbranded milk.
  1 23    1.  a.  Only grade "A" pasteurized milk and milk products
  1 24  shall be sold to the final consumer, or to restaurants, soda
  1 25 fountains, grocery stores, or similar establishments; except.
  1 26 Only grade "A" pasteurized milk products shall be sold to the
  1 27 final consumer, or to restaurants, soda fountains, grocery
  1 28 stores, or similar establishments. However, in an emergency,
  1 29 the sale of pasteurized milk and milk products which have
  1 30 not been graded, or the grade of which is unknown, may be
  1 31 authorized by the secretary, in which case, such milk or milk
  1 32  products shall be labeled "ungraded".
  1 33    b.  Unpasteurized or ungraded milk may be sold to a final
  1 34 consumer.
  1 35    2.  a.  No A person shall within the state not produce,
  2  1 provide, sell, offer, or expose for sale, or have in possession
  2  2 with intent to sell, any milk or milk product which is
  2  3 adulterated or misbranded; except, in an emergency, the. In an
  2  4 emergency, the sale of pasteurized milk and milk products which
  2  5 have not been graded, or the grade of which is unknown, may be
  2  6 authorized by the secretary, in which case such milk or milk
  2  7  products shall be labeled "ungraded".
  2  8    b.  Any adulterated or misbranded milk or milk product
  2  9 may be impounded by the secretary or authorized municipal
  2 10 corporation and disposed of in accordance with applicable laws
  2 11 or regulations.
  2 12                           EXPLANATION
  2 13 The inclusion of this explanation does not constitute agreement with
  2 14 the explanation's substance by the members of the general assembly.
  2 15    This bill provides that a person may sell unpasteurized
  2 16 or ungraded milk to the final consumer under Code chapter
  2 17 192.  Currently, Code section 192.103 requires that only
  2 18 grade "A" pasteurized milk and milk products can be sold to
  2 19 final consumers, as well as to restaurants, soda fountains,
  2 20 grocery stores, or similar establishments, except in cases
  2 21 of an emergency in which a milk or milk product may be sold
  2 22 as ungraded if approved by the department of agriculture and
  2 23 land stewardship.  Generally, the department regulates the
  2 24 production, processing, packaging, and sale of grade "A" milk
  2 25 and milk products under model legislation referred to as the
  2 26 pasteurized milk ordinance (PMO) which the department adopts
  2 27 by reference under Code section 192.102.  Code section 192.103
  2 28 is based on section 9 of the PMO and the bill also amends Code
  2 29 section 192.102 to prohibit the department from adopting any
  2 30 provision of the PMO that is not consistent with the provisions
  2 31 of the Code chapter.
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