HOUSE BILL NO. 2814 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE WOLFIN.
6398H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal sections 196.931 and 196.935, RSMo, and to enact in lieu thereof two new sections relating to the selling of raw milk.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 196.931 and 196.935, RSMo, are repealed and two new sections 2 enacted in lieu thereof, to be known as sections 196.931 and 196.935, to read as follows: 196.931. As used in sections 196.931 to 196.953, unless the context clearly indicates 2 otherwise, the following words and terms shall have the meaning indicated: 3 (1) "Grade A pasteurized milk", grade A raw milk for pasteurization [which] that has 4 been pasteurized, cooled, and placed in the final container in a milk plant and conforming 5 with the sanitation and bacteriological standards authorized by sections 196.931 to 196.953 6 and regulations promulgated thereunder; 7 (2) "Grade A raw milk for pasteurization", raw milk for pasteurization from producer 8 dairies and conforming with all of the sanitation and bacteriological standards authorized by 9 sections 196.931 to 196.953 and regulations [which are] promulgated thereunder; 10 (3) "Graded fluid milk and fluid milk products", milk products include cream, light 11 cream, coffee cream, table cream, whipping cream, light whipping cream, heavy cream, 12 heavy whipping cream, whipped cream, whipped light cream, whipped coffee cream, 13 whipped table cream, sour cream, cultured sour cream, half-and-half, sour half-and-half, 14 cultured half-and-half, reconstituted or recombined milk and milk products, concentrated 15 milk, concentrated milk products, skim milk, skimmed milk, lowfat milk, fortified milk and 16 milk products, vitamin D milk and milk products, homogenized milk, flavored milk or milk 17 products, eggnog, eggnog flavored milk, eggnog flavored lowfat milk, buttermilk, cultured
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 2814 2
18 buttermilk, cultured milk, cultured whole milk buttermilk, and acidified milk and milk 19 products, and other fluid milk and fluid milk products so declared by the board [which] that 20 are sold, offered for sale, exposed for sale, delivered, or advertised as graded milk and milk 21 products; 22 (4) "Manufacturing raw milk", milk that does not meet the requirements of grade A 23 raw milk for pasteurization as defined in sections 196.931 to 196.959; 24 (5) "Milk plant", any place, premises, or establishment where graded fluid milk or 25 fluid milk products are collected, handled, processed, stored, bottled, pasteurized, and 26 prepared for distribution, except an establishment where graded fluid milk products are sold 27 at retail as purchased from a milk plant; 28 (6) "Milk plant operator", any person, firm, corporation, or association operating any 29 milk plant; 30 (7) "Milk producer", any person who operates a dairy farm and provides, sells, or 31 offers milk for sale to a milk plant, receiving station, or transfer station; 32 (8) "Official rating agency", the state milk board; 33 (9) "Official rating survey", the survey conducted by the official state rating agency, 34 as required by sections 196.931 to 196.953; 35 (10) "Person" [shall mean], an individual or individuals, or a firm, partnership, 36 company, corporation, trustee, or association; 37 (11) "Political subdivision", any municipality, city, incorporated town, village, 38 county, township, district or authority, or any portion or combination of two or more thereof; 39 (12) "Raw milk product", a consumer product that is the result of processes that 40 include raw milk or raw cream as an ingredient including, but not limited to, butter, 41 buttermilk, cheese, cottage cheese, kefir, yogurt, and other derivative products that use 42 raw milk as an ingredient; 43 (13) "Retail raw milk or cream", raw milk or cream produced on dairy farms 44 that meet the Raw Milk Institute Common Standards for low-risk raw milk production; 45 (14) "State department of agriculture", the department of agriculture of Missouri; 46 [(13)] (15) "State department of health and senior services", the department of health 47 and senior services of Missouri; 48 [(14)] (16) "State milk board", an appointed state agency functioning as administrator 49 of state milk inspection; [and 50 (15)] (17) "State milk inspection", the services of inspection, regulation, grading, and 51 program evaluation of fluid milk and fluid milk products by agents, representatives, or 52 employees of the state milk board under the terms and provisions of sections 196.931 to 53 196.959 and regulations adopted to regulate the production, transportation, processing, 54 manufacture, distribution, and sale of graded fluid milk and fluid milk products. HB 2814 3
196.935. 1. No person shall sell, offer for sale, expose for sale, transport, or deliver 2 any graded fluid milk or graded fluid milk products in this state unless the milk or milk 3 products are graded and produced, transported, processed, manufactured, distributed, labeled, 4 and sold under state milk inspection and the same has also been produced or pasteurized as 5 required by a regulation authorized by section 196.939 and under proper permits issued 6 thereunder. Only pasteurized graded fluid milk and fluid milk products as defined in 7 [subdivision (3) of] section 196.931 shall be sold to the final consumer, or to restaurants, soda 8 fountains, grocery stores, or similar establishments; except that: 9 (1) Retail raw milk or cream or raw milk products produced in Missouri may be 10 sold to grocery stores, farmers markets, or similar establishments as long as the retail 11 raw milk or cream or raw milk product is clearly labeled: "WARNING: This product 12 has not been pasteurized and, therefore, may contain harmful bacteria that can cause 13 serious illness in children, the elderly, and persons with weakened immune systems."; 14 and 15 (2) An individual who is the final consumer may purchase and have delivered to 16 [him] the individual for [his] the individual's own use raw milk or cream or raw milk 17 products from a farm. 18 2. Any dairy farm producing retail raw milk or cream or raw milk products 19 shall have its herd tested annually for tuberculosis and brucellosis by a veterinarian and 20 shall be tuberculosis-free and brucellosis-free before selling any raw milk or cream or 21 raw milk products. ✔
Statutes affected: