SB 236

Current law generally prohibits the sale of unpasteurized (commonly called

raw) milk and other milk products and prohibits the sale to consumers of milk or fluid

milk products that are not grade A milk or fluid milk products. Current law requires

a dairy farmer to have a milk producer license from the Department of Agriculture,

Trade and Consumer Protection (DATCP) and requires a grade A permit from

DATCP to sell grade A milk. Also under current law, DATCP promulgates rules

governing the operation of dairy farms and the testing and quality of milk.

This bill allows a dairy farmer to register with DATCP for the purpose of selling

unpasteurized milk and milk products directly to consumers on the farm. Under the

bill, a dairy farmer who is registered is not required to obtain a milk producer license

or a grade A permit if the dairy farmer does not send any milk to a dairy plant (also

called a processor) and sells no milk or milk products other than unpasteurized milk

and milk products sold on the farm. A dairy farmer who registers with DATCP may

sell unpasteurized milk and milk products if all of the following apply:

1. The dairy farmer or the consumer provides a clean container.

2. The milk or milk product is labeled with the name of the milk producer and

with an indication that the milk or milk product is not pasteurized.

3. The dairy farmer posts a sign stating "Raw milk products sold here. Raw

milk products are not pasteurized."

4. The unpasteurized milk complies with the DATCP rules for grade A milk

concerning appearance and odor, bacterial count, drug residues, somatic cell count

(a measure of milk quality), temperature, and pesticides and toxic substances.

5. The milk producer complies with the DATCP rules concerning the water

supply for dairy operations.

Under the bill, DATCP's other rules governing the operation of dairy farms do

not apply to a registered dairy farmer who does not have a license or a grade A permit.