H.B. 534

126th General Assembly

(As Introduced)

 

Reps.     Setzer, Hoops, Fessler, J. McGregor, Williams, Reidelbach, Hartnett, Willamowski, Gilb, Fende, Skindell, Latta, Bubp, Collier, Distel, R. McGregor, Boccieri, White, Law

·        Eliminates current law authorizing raw milk to be given or sold only by persons who, prior to 1965, were engaged continuously in the business of selling or offering for sale raw milk directly to ultimate consumers, and instead authorizes grade A milk producers to give or sell raw milk to the ultimate consumer under specified conditions.

·        Revises the definition of "raw milk retailer."

·        Authorizes the Director of Agriculture to adopt rules that regulate required notices warning that raw milk has not been pasteurized and may contain disease producing organisms and that establish procedures and standards regarding the packaging and storage of raw milk.

·        Specifies that an existing prohibition against the use of goat's, sheep's, or another animal's milk for human consumption unless it is incorporated into certain dairy products does not apply to raw milk that is given or sold in accordance with the bill.

·        Specifies that the Dairy Law does not apply to an individual who owns an animal for the purpose of personal consumption of the dairy products produced by that animal.

Current law prohibits a raw milk retailer from selling, offering for sale, or exposing for sale raw milk[1] to the ultimate consumer except a raw milk retailer who, prior to October 31, 1965, was engaged continuously in the business of selling or offering for sale raw milk directly to ultimate consumers, holds a valid raw milk retailer license issued under the Dairy Law, and is subject to the rules regulating the sale of raw milk adopted under that Law (sec. 917.04).  Under current law, "raw milk retailer" means a person who, prior to October 31, 1965, was engaged continuously in the business of selling or offering for sale raw milk directly to ultimate consumers (sec. 917.01(T)).

The bill eliminates the provision that authorizes raw milk to be sold or offered or exposed for sale only by persons who, prior to October 31, 1965, were engaged continuously in the business of selling or offering for sale raw milk directly to ultimate consumers and accordingly eliminates references to the 1965 date from the definition of "raw milk retailer" (secs. 917.01(T) and 917.04).  The bill instead defines "raw milk retailer" as a person who has been issued a raw milk retailer license under current law and authorizes a grade A milk producer[2] to give, sell, offer for sale, or expose for sale raw milk to the ultimate consumer if the producer complies with all of the following:  (1) the producer holds a valid raw milk retailer license issued under current law, (2) the gift, sale, offer for sale, or exposure for sale occurs on the premises where the raw milk is produced, and (3) the producer displays a notice, in a conspicuous place and complying with the requirements established in rules adopted under the bill (see below), with the words "this product has not been pasteurized and may contain disease producing organisms" (secs. 917.01(T) and 917.04).

In addition, the bill revises current law that prohibits a person from failing to label, in accordance with rules adopted under the Dairy Law, all final delivery containers used for the sale of raw milk to ultimate consumers with the words "this product has not been pasteurized and may contain disease-producing organisms." The bill instead requires all final delivery containers used for the sale of raw milk to ultimate consumers by grade A milk producers to have a label, complying with the requirements established in rules adopted under the bill, with the words "this product has not been pasteurized and may contain disease producing organisms" and to have been filled, capped, and stored in compliance with the procedures and standards established in rules adopted under the bill (sec. 917.04).

The bill authorizes the Director of Agriculture to adopt rules in accordance with the Administrative Procedure Act that regulate the size and placement of notices required to be displayed by a grade A milk producer for the sale of raw milk to the ultimate consumer.  The bill also authorizes the adoption of rules that establish procedures and standards for the hand-filling, hand-capping, and on-premises storage of raw milk in single-use or reusable final delivery containers that are used for the sale of raw milk to the ultimate consumer by a grade A milk producer.  (Sec. 917.02(A)(1)(n) and (o).)

Current law prohibits a person from using for human consumption goat's milk, sheep's milk, or another animal's milk, except to manufacture dairy products that are described in federal law or recognized as nonstandardized traditional products normally manufactured from the animal's milk.  The bill specifies that this prohibition does not apply to the gift, sale, offering for sale, or exposing for sale of raw milk to the ultimate consumer in accordance with the bill.  (Sec. 917.05(G).)  The bill also specifies that the Dairy Law does not apply to an individual who owns an animal for the purpose of personal consumption of the dairy products produced by that animal (sec. 917.25).

ACTION	DATE
Introduced	03-14-06

 

 

 

h0534-i-126.doc/kl