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AB-2505 Milk: home dairy farms: sharing, exchange, or direct sale of raw milk.(2013-2014)

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Amended  IN  Assembly  April 03, 2014

CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Assembly Bill No. 2505


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   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 conditions 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.