Senate Bill sb2436

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    Florida Senate - 2006                                  SB 2436

    By Senator Haridopolos





    26-1545-06

  1                      A bill to be entitled

  2         An act relating to the sale of raw milk

  3         products; providing legislative intent;

  4         providing definitions; requiring that the

  5         Department of Agriculture and Consumer Services

  6         allow the sale of raw milk and raw milk

  7         products in this state under certain

  8         conditions; establishing standards for the sale

  9         of such products at retail and wholesale;

10         requiring persons selling or distributing raw

11         milk to complete a safety course; providing for

12         testing, refrigeration, and packaging of a raw

13         milk product prior to sale; providing for

14         filtering and labeling a raw milk product prior

15         to sale at wholesale; providing for

16         discontinuation of the production,

17         distribution, or sale of a raw milk product

18         upon certain findings by the department;

19         requiring the department to adopt rules;

20         exempting a producer, distributor, or seller of

21         raw milk products from liability under certain

22         circumstances; providing that a violation of

23         the act is a first-degree misdemeanor;

24         providing for enforcement by the department,

25         the Attorney General, and the state attorney;

26         providing for severability; providing an

27         effective date.

28  

29  Be It Enacted by the Legislature of the State of Florida:

30  

31         Section 1.  Sale of raw milk and raw milk products.--

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    Florida Senate - 2006                                  SB 2436
    26-1545-06




 1         (1)  It is the intent of the Legislature to recognize,

 2  protect, and assure the right of individuals to exercise the

 3  freedom of choice to purchase raw milk and the right of

 4  farmers and businesses to produce, distribute, and sell raw

 5  milk to consumers as specified in this section, and to set

 6  standards under which the safety of raw milk will be tested

 7  and regulated in this state.

 8         (2)  As used in this section, the term:

 9         (a)  "Animal" means a ruminant mammal.

10         (b)  "Department" means the Department of Agriculture

11  and Consumer Services.

12         (c)  "Farmer" means a person who maintains an animal or

13  a herd.

14         (d)  "Herd" means a group of one type of ruminant

15  mammal.

16         (e)  "Raw milk" means milk from an animal which has not

17  undergone the process of pasteurization as defined in the

18  rules of the Division of Dairy Industry of the department. The

19  term includes a dairy product made from raw milk.

20         (f)  "Ruminant mammal" means a hoofed, even-toed,

21  usually horned mammal of the suborder Ruminantia, including,

22  but not limited to, cattle, sheep, goats, and buffalo,

23  characteristically having a stomach divided into four

24  compartments and chewing a cud consisting of regurgitated,

25  partially digested food.

26         (3)  Notwithstanding any other state or local law, the

27  department shall allow the sale of raw milk in this state if

28  it is sold in accordance with this section and the rules

29  adopted by the department to administer this section.

30  

31  

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    Florida Senate - 2006                                  SB 2436
    26-1545-06




 1         (4)(a)  Raw milk may not be sold at retail in this

 2  state unless it meets all Grade A standards in the Florida

 3  Dairy Code, excepting those governing pasteurization.

 4         (b)  Each farmer or person who produces or distributes

 5  raw milk for sale in this state must:

 6         1.  Successfully complete a course covering the safe

 7  production and distribution of raw milk which is approved by

 8  the department. The department shall issue a list of approved

 9  courses. An approved course must include instruction in the

10  classroom and hands-on training at a facility where a herd is

11  maintained.

12         2.  Maintain a record of any complaints from consumers

13  concerning the raw milk produced or distributed by such

14  person. The record must include each complaint received by the

15  person during the prior 3 years and contain, for each

16  complaint, the date of the complaint, details of the nature of

17  the complaint, the name of and contact information regarding

18  the complainant, and date that the raw milk that is the

19  subject of the complaint was collected. The person shall make

20  the record available by mail or facsimile upon the request of

21  the department or the county health department.

22         (c)  Each farmer who maintains an animal or herd that

23  is the source of raw milk must ensure compliance with the

24  following requirements before selling the raw milk to a

25  distributor or consumer:

26         1.  Fresh samples of the raw milk from the animal or

27  herd must be tested once each month by an inspector of the

28  department for bacteria, using standard plate count analyses,

29  and for human pathogens, including Listeria monocytogenes,

30  Ecoli 0157, and Salmonella.

31  

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    Florida Senate - 2006                                  SB 2436
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 1         a.  The inspector shall collect a total of two samples

 2  from the animal or herd, seal each sample, and label the

 3  container of each sample with consecutive numbers and the date

 4  of collection. The department shall give one of the sealed and

 5  labeled samples to the farmer and arrange for the other sample

 6  to be tested by a state-approved independent laboratory. The

 7  farmer must keep the second sample sealed, may not tamper with

 8  the contents or label, and must provide the sample to the

 9  department upon request.

10         b.  The laboratory that tests a sample shall send the

11  test results to the farmer and the department by facsimile and

12  mail. If the results indicate that the standard plate count is

13  above 20,000 total bacteria per ml. as per the PMO or indicate

14  the presence of a human pathogen, the inspector shall retrieve

15  the other sealed sample from the farmer and arrange for an

16  independent laboratory to test the sample for bacteria, using

17  standard plate count analyses, for human pathogens, including

18  Listeria monocytogenes, Ecoli 0157, and Salmonella. If the

19  second test indicates that the standard plate count is above

20  20,000 total bacteria per ml. as per the PMO, or detects a

21  human pathogen, raw milk from the animal or herd may not be

22  sold unless, for 3 consecutive days, an inspector of the

23  department collects and tests one fresh sample of raw milk

24  from the animal or herd for bacteria, using standard plate

25  count analyses, and for human pathogens, including Listeria

26  monocytogenes, Ecoli 0157, and Salmonella and, in each of the

27  three consecutive tests, the result is that the standard plate

28  count is below 20,000 total bacteria per ml. as per the PMO,

29  and a human pathogen is not detected.

30         2.  A fresh sample of the raw milk from each animal or

31  herd must be collected and tested once in each calendar year

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    Florida Senate - 2006                                  SB 2436
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 1  for tuberculosis and brucellosis. Raw milk from that mammal or

 2  herd may not be sold if test results indicate that the animal

 3  or herd has tuberculosis or brucellosis.

 4  

 5  The farmer must maintain a record of the results of each test

 6  of each animal or herd pursuant to this paragraph for 2 years

 7  after a laboratory sends the test results to the farmer.

 8         (d)  If raw milk is intended for human consumption, it

 9  must be kept at or below 40 degrees Fahrenheit. Raw milk is

10  subject to this paragraph if it is sold to a wholesale

11  purchaser that may distribute the raw milk at retail for human

12  consumption or if it is sold by a farmer to an individual

13  purchasing the raw milk for human consumption on the premises

14  of the farm where the animal or herd producing the raw milk is

15  maintained or to an individual to whom the farmer directly

16  delivers the raw milk for human consumption. Compliance with

17  the temperature requirement in this paragraph may be

18  demonstrated by use of a standard thermometer. Use of a chart-

19  temperature recorder is not required to demonstrate such

20  compliance.

21         (5)  Raw milk may not be sold at retail or wholesale in

22  this state unless it is bottled and capped or otherwise

23  packaged on the farm where the animal or herd that is the

24  source of the milk is maintained. Such bottling, capping, or

25  packaging must be done in a sanitary manner as specified by

26  department rule. Bottling, capping, or packaging may be by

27  hand or by the use of equipment. Cap or cap stock and other

28  packaging must be purchased in a sanitary container and kept

29  prior to use in the sanitary container in a clean, dry place.

30  A cap or cover must, at minimum, cover the largest diameter of

31  the pouring lip of a bottle or other container.

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    Florida Senate - 2006                                  SB 2436
    26-1545-06




 1         (6)  Each farmer who maintains an animal or herd that

 2  is the source of raw milk sold at wholesale in this state must

 3  ensure that the milk is drawn and collected in a clean and

 4  sanitary manner and that the raw milk is:

 5         (a)  Filtered using a standard dairy milk filter or its

 6  equivalent.

 7         (b)  Placed within 2 hours after the milking was

 8  started or completed in refrigeration and kept chilled at or

 9  below 40 degrees Fahrenheit continuously until final delivery

10  to the distributor. Compliance with this paragraph may be

11  demonstrated by use of a standard thermometer. Use of a

12  chart-temperature recorder is not required to demonstrate such

13  compliance.

14         (c)  Placed in a container with a label that:

15         1.  Includes the following statement:

16  

17         Not Pasteurized Government Warning: Raw,

18         unpasteurized milk may contain disease-causing

19         microorganisms. Persons at highest risk for

20         these organisms include newborns and infants;

21         the elderly; pregnant women; people taking

22         antibiotics and antacids; and those having

23         chronic illness or other conditions that weaken

24         their immune systems. The health and safety of

25         raw milk that is sold in this state is the

26         responsibility of each person selling such raw

27         milk except that a person who consumes raw milk

28         that was sold in this state with this warning

29         assumes responsibility to the extent that he or

30         she is warned by the label.

31  

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    Florida Senate - 2006                                  SB 2436
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 1         2.  States the date the raw milk was produced and the

 2  name and contact information of the producer.

 3         3.  Includes a statement clearly indicating the

 4  contents of the product.

 5         4.  States the weight or amount of the contents.

 6         (7)  The department shall adopt rules to administer

 7  this section.

 8         (8)  If the department determines that a pathogen is

 9  present in raw milk that was produced, distributed, or sold in

10  this state or that the consumption of raw milk that was

11  produced, distributed, or sold in this state has made a person

12  ill, each farmer and person responsible for producing,

13  distributing, or selling the raw milk shall cease until the

14  problem is corrected. If the farmer or person corrects the

15  problem, he or she is not liable for his or her actions and

16  the department may not require the farmer or person to

17  terminate his or her production, distribution, or sale of raw

18  milk.

19         (9)  A person who violates any provision of this

20  section or a rule adopted by the department under this section

21  commits a misdemeanor of the first degree, punishable as

22  provided by s. 775.082 or s. 775.083, Florida Statutes. The

23  department shall report any such offense to the Attorney

24  General or the state attorney in the judicial circuit in which

25  the offense occurred. The Attorney General or state attorney

26  may investigate and maintain an action for injunctive or other

27  appropriate relief to enforce this section.

28         Section 2.  If any provision of this act or its

29  application to any person or circumstance is held invalid, the

30  invalidity does not affect other provisions or applications of

31  the act which can be given effect without the invalid

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    Florida Senate - 2006                                  SB 2436
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 1  provision or application, and to this end the provisions of

 2  this act are severable.

 3         Section 3.  This act shall take effect upon becoming a

 4  law.

 5  

 6            *****************************************

 7                          SENATE SUMMARY

 8    Directs the Department of Agriculture and Consumer
      Services to allow the sale of raw milk products meeting
 9    certain requirements. Sets standards for the sale of raw
      milk products in retail and wholesale markets in this
10    state. Requires that persons producing or distributing
      raw milk to complete a safety course. Provides for
11    testing, refrigeration, and packaging of raw milk
      products prior to sale. Provides for filtering and
12    labeling of a raw milk product before a sale at
      wholesale. Provides for discontinuation of production,
13    distribution, or sale of a raw milk product upon certain
      findings by the department. Exempts a producer,
14    distributor, or seller of certain raw milk products from
      liability under certain circumstances. Provides that a
15    violation is a first-degree misdemeanor. Provides for
      enforcement by the department, the Attorney General, and
16    the state attorney.

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