HB 1215

1
A bill to be entitled
2An act relating to unpasteurized milk; creating s.
3502.172; providing applicability, legislative intent, and
4definitions; providing requirements for retail and
5nonretail sales of unpasteurized milk, including
6standards, sanitation, labels, and bottling, packaging,
7and capping; requiring testing of milk-producing animals
8for certain diseases; requiring monthly sampling of
9certain milk and bacterial analysis of such samples;
10requiring the Department of Agriculture and Consumer
11Services to issue a stop-sale order upon a positive test
12or an analysis indicating high bacteria or the presence of
13human pathogens; requiring certain recordkeeping;
14providing exemptions; providing certain prohibitions;
15providing penalties; providing rulemaking authority;
16providing applicability with respect to conflicting
17provisions; providing an effective date.
18
19Be It Enacted by the Legislature of the State of Florida:
20
21     Section 1.  Section 502.172, Florida Statutes, is created
22to read:
23     502.172  Unpasteurized milk.--
24     (1)  APPLICABILITY.--This section shall apply to
25unpasteurized milk and producers of unpasteurized milk that
26maintain any ruminant mammal, including, but not limited to,
27cattle, goats, sheep, or buffalo.
28     (2)  LEGISLATIVE INTENT.--It is the intent of the
29Legislature that:
30     (a)  The right of all citizens of the state to purchase
31unpasteurized milk be protected and ensured.
32     (b)  Dairy farmers have the right to produce, distribute,
33and market unpasteurized milk directly to consumers.
34     (c)  Basic standards be set to ensure the safety of
35unpasteurized milk through testing, analysis, and regulation.
36     (3)  DEFINITIONS.--As used in this section, the term:
37     (a)  "Nonretail sale" means the offering for sale or
38selling of unpasteurized milk for public consumption on the
39premises of the farm at which the unpasteurized milk is produced
40or the delivery to the consumer of unpasteurized milk that is
41maintained at a temperature of no higher than 40 degrees
42Fahrenheit.
43     (b)  "Producer" or "producer of unpasteurized milk" means a
44farmer who harvests or produces unpasteurized milk for retail or
45nonretail sale.
46     (c)  "Retail sale" means the offering for sale or selling
47of unpasteurized milk for public consumption at a location that
48is not on the premises of the farm at which the unpasteurized
49milk is produced.
50     (d)  "Unpasteurized milk" means milk that has not undergone
51the process of pasteurization as defined by department rule.
52     (4)  RETAIL SALES.--
53     (a)  Producers offering retail sale of unpasteurized milk
54must meet and comply with all Grade A standards for milk as set
55forth in this chapter and rules adopted thereunder.
56     (b)  Producers offering retail sale of unpasteurized milk
57shall submit proof to the department of the successful
58completion of a department-approved unpasteurized milk safety
59course. The course shall include both classroom hours and on-
60the-farm, hands-on training hours.
61     (c)  The department shall adopt rules governing the
62unpasteurized milk safety course.
63     (5)  INSPECTION; NONRETAIL SALES; SAMPLING; ANALYSIS; STOP-
64SALE ORDERS.--
65     (a)  All ruminant mammals producing milk for retail or
66nonretail sale under this section must be tested annually for
67tuberculosis and brucellosis. The department shall issue a stop-
68sale order on retail and nonretail sales upon a positive test
69result for tuberculosis or brucellosis. The department shall
70provide by rule the circumstances under which the order may be
71withdrawn; however, the order shall remain in effect for no
72longer than is required to protect the health of the public and
73ruminant mammals.
74     (b)  Once each month the department shall sample the
75unpasteurized milk of each producer that offers unpasteurized
76milk for nonretail sale.
77     (c)  The department shall take a total of two samples from
78the producer's herd. Each sample shall be sealed and labeled
79with consecutive serial numbers. The department shall retain one
80sample and the producer shall retain the remaining sample.
81     (d)  Bacterial analyses shall be performed by a department-
82approved independent laboratory on the sample retained by the
83department pursuant to this section to determine whether there
84is a presence of human pathogens, including, but not limited to
85Listeria monocytogenes, E. coli 0157:H7, and Salmonella, and for
86Standard Plate Count, which must be no higher than 20,000 total
87bacteria per milliliter.
88     (e)  Upon completion of the bacterial analyses, the
89laboratory shall send the results of the analyses by mail or
90facsimile to the producer and to the department.
91     (f)  When the analyses show the Standard Plate Count is
92higher than 20,000 total bacteria per milliliter or any human
93pathogens are detected, the producer's sample shall be tested.
94     (g)  When the analyses of the producer's sample show the
95Standard Plate Count is higher than 20,000 total bacteria per
96milliliter or any human pathogens are detected:
97     1.  The department shall issue a stop-sale order and the
98producer shall immediately stop the nonretail sale of all
99unpasteurized milk.
100     2.  The department shall take samples of the unpasteurized
101milk daily until the analyses of three consecutive daily tests
102show the Standard Plate Count is lower than 20,000 total
103bacteria per milliliter and no human pathogens are detected, at
104which time the producer immediately may resume nonretail sales
105of unpasteurized milk.
106     (6)  SANITATION REQUIREMENTS FOR NONRETAIL SALES.--
107     (a)  All unpasteurized milk offered for nonretail sale
108shall be drawn and collected in a clean and sanitary manner. All
109unpasteurized milk must be maintained at a temperature of no
110higher than 40 degrees Fahrenheit within 2 hours after the
111initiation or completion of milking.
112     (b)  All unpasteurized milk offered for nonretail sale
113shall be filtered using a standard dairy milk filter or its
114equivalent.
115     (c)  All unpasteurized milk offered for nonretail sale for
116direct human consumption must be kept maintained at a
117temperature of no higher than 40 degrees Fahrenheit until the
118unpasteurized milk is sold and delivered to the consumer.
119     (d)  This subsection does not require chart temperature
120recorders. The use of a standard thermometer shall meet the
121requirements of the subsection.
122     (7)  LABEL REQUIREMENTS FOR NONRETAIL SALES.--Nonretail
123unpasteurized milk shall be labeled with:
124     (a)  A standard government food safety warning that states:
125
126Unpasteurized Milk - Government Warning: Unpasteurized milk
127may contain disease-causing microorganisms. Persons at
128highest risk for these organisms include newborns and
129infants, the elderly, pregnant women, persons taking
130antibiotics and antacids, and persons having chronic
131illness or other conditions that weaken the immune system.
132
133     (b)  The production date of the unpasteurized milk.
134     (c)  The producer's name and contact information.
135     (d)  The contents of the unpasteurized milk.
136     (e)  The weight or amount of the unpasteurized milk.
137     (8)  BOTTLING, PACKAGING, AND CAPPING.--
138     (a)  All unpasteurized milk offered for retail or nonretail
139sale shall be bottled or packaged and capped on the farm at which
140it is produced.
141     (b)  Bottling, packaging, and capping of unpasteurized milk
142shall be conducted in a sanitary manner by hand or by the use of
143equipment and operations approved by rule of the department.
144     (c)  The caps or cap stock shall be sealed in sanitary
145containers when purchased and stored in a clean, dry place until
146used by the producer.
147     (d)  The cap of the bottle or package containing
148unpasteurized milk shall cover the pouring lip of the bottle or
149package at no less than the diameter of the pouring lip.
150     (9)  RECORDKEEPING.--
151     (a)  A producer shall keep records of all unpasteurized
152milk and animal tests required by this section at the farm at
153which the unpasteurized milk is produced for a period of 2
154years.
155     (b)  A producer of unpasteurized milk must establish and
156maintain a record or file of all consumer complaints. This
157record shall contain details of the nature of the complaint; the
158complainant's name, mailing address, and telephone number; the
159date the complaint was made; and the date the unpasteurized milk
160involved in the complaint was collected from the herd, if known.
161     (c)  A producer shall provide all records by mail or
162facsimile to the department or a county health department in
163compliance with the request of the department.
164     (d)  A producer shall maintain all records required by this
165section for no less than 3 years, except for the records
166required under paragraph (a), which shall be kept for 2 years.
167     (10)  EXEMPTIONS.--The following persons are exempt from
168the provisions of this section and from any other provision of
169law or rule that restricts their ability to offer nonretail
170sales of unpasteurized milk:
171     (a)  A farmer who produces or harvests unpasteurized milk
172for his or her own consumption.
173     (b)  A farmer who produces or harvests unpasteurized milk
174through cow or herd share agreements or cow or herd boarding
175agreements.
176     (c)  A farmer who produces or harvests no more than 50
177gallons per week of unpasteurized milk.
178     (11)  PROHIBITIONS.--
179     (a)  Unpasteurized milk may not be sold or offered for
180retail or nonretail sale unless it meets the provisions of this
181section.
182     (b)  A producer must stop all operations, productions,
183distributions, and sales of unpasteurized milk when a county
184health department traces a confirmed illness or pathogen to the
185producer's farm. The producer shall correct the health safety
186issue before resuming operations. The state may not bring legal
187action against the producer or otherwise cause the farm
188operations to cease unless the producer does not take corrective
189action.
190     (c)  A consumer of unpasteurized milk that is labeled
191pursuant to paragraph (7)(a) may not bring legal action against
192the producer of the milk because of an illness specified in
193paragraphs (5)(a) and (d).
194     (12)  PENALTIES.--
195     (a)  Any violation of this section, including rules adopted
196in accordance with such provisions, is a misdemeanor of the
197first degree, punishable as provided in s. 775.082 or s.
198775.083.
199     (b)  The state attorney of the judicial district in which
200the department reports a violation of this section shall
201investigate, refer, and prosecute charges if the state attorney,
202in the exercise of sound discretion, determines the action to be
203proper.
204     (13)  RULEMAKING.--The department has authority to adopt
205rules pursuant to ss. 120.536(1) and 120.54 to implement the
206provisions of this section conferring duties upon it.
207     (14)  CONFLICTING PROVISIONS.--In the event of a conflict
208between this section and the remainder of the chapter, this
209section shall control.
210     Section 2.  This act shall take effect July 1, 2006.


CODING: Words stricken are deletions; words underlined are additions.