Fiscal Note
Fiscal Services Division
SF 315 – Raw Milk (LSB1190SV.1)
Staff Contact: Austin Brinks (515.725.2200) austin.brinks@legis.iowa.gov
Fiscal Note Version – Final Action
Description
Senate File 315 creates Iowa Code chapter 195 related to the production, processing, and
distribution of raw milk. 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 or the Iowa Department
of Inspections and Appeals. 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 and a fine of between
$105 and $855.
Assumptions
• The following will not change over the projection period: charge, conviction, and sentencing
patterns and trends; prisoner length of stay (LOS); 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 315 establishes a new offense. 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 in jail for up to 30 days. Refer
to the Legislative Services Agency (LSA) memo addressed to the General Assembly, Cost
Estimates Used for Correctional Impact Statements, dated January 20, 2023, for information
related to the correctional system.
Minority Impact
Senate File 315 creates a new offense. As a result, the minority impact cannot be determined
due to lack of conviction data. Refer to the LSA memo addressed to the General Assembly,
Minority Impact Statement, dated January 20, 2023, 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 new criminal offense cannot be estimated due to a
lack of existing data. The average State cost per offense for one simple misdemeanor
conviction ranges from $35 to $375.
Sources
Division of Criminal and Juvenile Justice Planning, Department of Human Rights
Legislative Services Agency
/s/ Jennifer Acton
May 8, 2023
Doc ID 1371690
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: 137.104, 137F.1, 159.6, 190.2, 191.2
Enrolled: 195.6, 137F.1, 159.6, 190.2, 191.2