Fiscal Note
Fiscal Services Division
SF 2309 – Unpasteurized Milk (LSB5946SV.1)
Staff Contact: Aaron Gerdts (515.281.6764) aaron.gerdts@legis.iowa.gov
Fiscal Note Version – As Amended and Passed by the Senate
Description
Senate File 2309 defines a “raw milk dairy” as an operation that maintains 10 or fewer dairy
animals and does not pasteurize or grade milk produced from those animals. The Bill allows
raw milk dairies acting in compliance with the requirements provided in the Bill to sell raw milk
and products derived from raw milk to consumers. Products sold in this manner cannot be sold
for resale and are not subject to regulation by the Iowa Department of Agriculture and Land
Stewardship (IDALS) or the Iowa Department of Inspections and Appeals (DIA). A person who
violates any provision of this Bill commits a simple misdemeanor.
Background
Raw milk is milk that has not been pasteurized or graded. The sale of raw milk is not currently
permitted in Iowa. Under Iowa Code section 192.103, only Grade “A” pasteurized milk and milk
products can be sold to the final consumer.
A simple misdemeanor is punishable by confinement for up to 30 days, a fine of between $105
and $855, or both.
Assumptions
• The following will not change over the projection period: charge, conviction, and sentencing
patterns and trends; prisoner length of stay; revocation rates; plea bargaining; and other
criminal justice system policies and practices.
• A lag effect of six months is assumed from the effective date of this Bill to the date of first
entry of affected offenders into the correctional system.
• Marginal costs for county jails cannot be estimated due to a lack of data. For purposes of
this analysis, the marginal cost for county jails is assumed to be $50 per day.
Correctional Impact
Senate File 2309 establishes new offenses. As a result, the correctional impact cannot be
estimated due to a lack of existing data. A conviction for a simple misdemeanor does not result
in a prison sentence, but does carry the possibility of confinement for up to 30 days. Marginal
county jail costs are estimated to be $50 per day, but there is insufficient information to
determine any costs related to length of stay. Refer to the Legislative Services Agency (LSA)
memo addressed to the General Assembly, Cost Estimates Used for Correctional Impact
Statements, dated January 18, 2022, for information related to the correctional system.
Minority Impact
Senate File 2309 has an unknown minority impact due to lack of conviction data. Refer to the
LSA memo addressed to the General Assembly, Minority Impact Statement, dated January 18,
2022, for information related to minorities in the criminal justice system.
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Fiscal Impact
The fiscal impact related to the creation of a simple misdemeanor cannot be estimated due to a
lack of existing data. The estimated cost for one simple misdemeanor conviction ranges from
$40 to $370. The estimated fine revenue from one simple misdemeanor conviction ranges from
$105 to $855.
Source
Legislative Services Agency
/s/ Holly M. Lyons
March 14, 2022
Doc ID 1288476
The fiscal note for this Bill was prepared pursuant to Joint Rule 17 and the Iowa Code. Data used in
developing this fiscal note is available from the Fiscal Services Division of the Legislative Services
Agency upon request.
www.legis.iowa.gov
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Statutes affected:
Introduced: 159.6, 191.2
Reprinted: 137F.1, 159.6, 191.2