| 1 | A bill to be entitled |
| 2 | An act relating to unpasteurized milk; creating s. |
| 3 | 502.172; providing applicability, legislative intent, and |
| 4 | definitions; providing requirements for retail and |
| 5 | nonretail sales of unpasteurized milk, including |
| 6 | standards, sanitation, labels, and bottling, packaging, |
| 7 | and capping; requiring testing of milk-producing animals |
| 8 | for certain diseases; requiring monthly sampling of |
| 9 | certain milk and bacterial analysis of such samples; |
| 10 | requiring the Department of Agriculture and Consumer |
| 11 | Services to issue a stop-sale order upon a positive test |
| 12 | or an analysis indicating high bacteria or the presence of |
| 13 | human pathogens; requiring certain recordkeeping; |
| 14 | providing exemptions; providing certain prohibitions; |
| 15 | providing penalties; providing rulemaking authority; |
| 16 | providing applicability with respect to conflicting |
| 17 | provisions; providing an effective date. |
| 18 |
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| 19 | Be It Enacted by the Legislature of the State of Florida: |
| 20 |
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| 21 | Section 1. Section 502.172, Florida Statutes, is created |
| 22 | to read: |
| 23 | 502.172 Unpasteurized milk.-- |
| 24 | (1) APPLICABILITY.--This section shall apply to |
| 25 | unpasteurized milk and producers of unpasteurized milk that |
| 26 | maintain any ruminant mammal, including, but not limited to, |
| 27 | cattle, goats, sheep, or buffalo. |
| 28 | (2) LEGISLATIVE INTENT.--It is the intent of the |
| 29 | Legislature that: |
| 30 | (a) The right of all citizens of the state to purchase |
| 31 | unpasteurized milk be protected and ensured. |
| 32 | (b) Dairy farmers have the right to produce, distribute, |
| 33 | and market unpasteurized milk directly to consumers. |
| 34 | (c) Basic standards be set to ensure the safety of |
| 35 | unpasteurized milk through testing, analysis, and regulation. |
| 36 | (3) DEFINITIONS.--As used in this section, the term: |
| 37 | (a) "Nonretail sale" means the offering for sale or |
| 38 | selling of unpasteurized milk for public consumption on the |
| 39 | premises of the farm at which the unpasteurized milk is produced |
| 40 | or the delivery to the consumer of unpasteurized milk that is |
| 41 | maintained at a temperature of no higher than 40 degrees |
| 42 | Fahrenheit. |
| 43 | (b) "Producer" or "producer of unpasteurized milk" means a |
| 44 | farmer who harvests or produces unpasteurized milk for retail or |
| 45 | nonretail sale. |
| 46 | (c) "Retail sale" means the offering for sale or selling |
| 47 | of unpasteurized milk for public consumption at a location that |
| 48 | is not on the premises of the farm at which the unpasteurized |
| 49 | milk is produced. |
| 50 | (d) "Unpasteurized milk" means milk that has not undergone |
| 51 | the process of pasteurization as defined by department rule. |
| 52 | (4) RETAIL SALES.-- |
| 53 | (a) Producers offering retail sale of unpasteurized milk |
| 54 | must meet and comply with all Grade A standards for milk as set |
| 55 | forth in this chapter and rules adopted thereunder. |
| 56 | (b) Producers offering retail sale of unpasteurized milk |
| 57 | shall submit proof to the department of the successful |
| 58 | completion of a department-approved unpasteurized milk safety |
| 59 | course. The course shall include both classroom hours and on- |
| 60 | the-farm, hands-on training hours. |
| 61 | (c) The department shall adopt rules governing the |
| 62 | unpasteurized milk safety course. |
| 63 | (5) INSPECTION; NONRETAIL SALES; SAMPLING; ANALYSIS; STOP- |
| 64 | SALE ORDERS.-- |
| 65 | (a) All ruminant mammals producing milk for retail or |
| 66 | nonretail sale under this section must be tested annually for |
| 67 | tuberculosis and brucellosis. The department shall issue a stop- |
| 68 | sale order on retail and nonretail sales upon a positive test |
| 69 | result for tuberculosis or brucellosis. The department shall |
| 70 | provide by rule the circumstances under which the order may be |
| 71 | withdrawn; however, the order shall remain in effect for no |
| 72 | longer than is required to protect the health of the public and |
| 73 | ruminant mammals. |
| 74 | (b) Once each month the department shall sample the |
| 75 | unpasteurized milk of each producer that offers unpasteurized |
| 76 | milk for nonretail sale. |
| 77 | (c) The department shall take a total of two samples from |
| 78 | the producer's herd. Each sample shall be sealed and labeled |
| 79 | with consecutive serial numbers. The department shall retain one |
| 80 | sample and the producer shall retain the remaining sample. |
| 81 | (d) Bacterial analyses shall be performed by a department- |
| 82 | approved independent laboratory on the sample retained by the |
| 83 | department pursuant to this section to determine whether there |
| 84 | is a presence of human pathogens, including, but not limited to |
| 85 | Listeria monocytogenes, E. coli 0157:H7, and Salmonella, and for |
| 86 | Standard Plate Count, which must be no higher than 20,000 total |
| 87 | bacteria per milliliter. |
| 88 | (e) Upon completion of the bacterial analyses, the |
| 89 | laboratory shall send the results of the analyses by mail or |
| 90 | facsimile to the producer and to the department. |
| 91 | (f) When the analyses show the Standard Plate Count is |
| 92 | higher than 20,000 total bacteria per milliliter or any human |
| 93 | pathogens are detected, the producer's sample shall be tested. |
| 94 | (g) When the analyses of the producer's sample show the |
| 95 | Standard Plate Count is higher than 20,000 total bacteria per |
| 96 | milliliter or any human pathogens are detected: |
| 97 | 1. The department shall issue a stop-sale order and the |
| 98 | producer shall immediately stop the nonretail sale of all |
| 99 | unpasteurized milk. |
| 100 | 2. The department shall take samples of the unpasteurized |
| 101 | milk daily until the analyses of three consecutive daily tests |
| 102 | show the Standard Plate Count is lower than 20,000 total |
| 103 | bacteria per milliliter and no human pathogens are detected, at |
| 104 | which time the producer immediately may resume nonretail sales |
| 105 | of unpasteurized milk. |
| 106 | (6) SANITATION REQUIREMENTS FOR NONRETAIL SALES.-- |
| 107 | (a) All unpasteurized milk offered for nonretail sale |
| 108 | shall be drawn and collected in a clean and sanitary manner. All |
| 109 | unpasteurized milk must be maintained at a temperature of no |
| 110 | higher than 40 degrees Fahrenheit within 2 hours after the |
| 111 | initiation or completion of milking. |
| 112 | (b) All unpasteurized milk offered for nonretail sale |
| 113 | shall be filtered using a standard dairy milk filter or its |
| 114 | equivalent. |
| 115 | (c) All unpasteurized milk offered for nonretail sale for |
| 116 | direct human consumption must be kept maintained at a |
| 117 | temperature of no higher than 40 degrees Fahrenheit until the |
| 118 | unpasteurized milk is sold and delivered to the consumer. |
| 119 | (d) This subsection does not require chart temperature |
| 120 | recorders. The use of a standard thermometer shall meet the |
| 121 | requirements of the subsection. |
| 122 | (7) LABEL REQUIREMENTS FOR NONRETAIL SALES.--Nonretail |
| 123 | unpasteurized milk shall be labeled with: |
| 124 | (a) A standard government food safety warning that states: |
| 125 |
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| 126 | Unpasteurized Milk - Government Warning: Unpasteurized milk |
| 127 | may contain disease-causing microorganisms. Persons at |
| 128 | highest risk for these organisms include newborns and |
| 129 | infants, the elderly, pregnant women, persons taking |
| 130 | antibiotics and antacids, and persons having chronic |
| 131 | illness or other conditions that weaken the immune system. |
| 132 |
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| 133 | (b) The production date of the unpasteurized milk. |
| 134 | (c) The producer's name and contact information. |
| 135 | (d) The contents of the unpasteurized milk. |
| 136 | (e) The weight or amount of the unpasteurized milk. |
| 137 | (8) BOTTLING, PACKAGING, AND CAPPING.-- |
| 138 | (a) All unpasteurized milk offered for retail or nonretail |
| 139 | sale shall be bottled or packaged and capped on the farm at which |
| 140 | it is produced. |
| 141 | (b) Bottling, packaging, and capping of unpasteurized milk |
| 142 | shall be conducted in a sanitary manner by hand or by the use of |
| 143 | equipment and operations approved by rule of the department. |
| 144 | (c) The caps or cap stock shall be sealed in sanitary |
| 145 | containers when purchased and stored in a clean, dry place until |
| 146 | used by the producer. |
| 147 | (d) The cap of the bottle or package containing |
| 148 | unpasteurized milk shall cover the pouring lip of the bottle or |
| 149 | package at no less than the diameter of the pouring lip. |
| 150 | (9) RECORDKEEPING.-- |
| 151 | (a) A producer shall keep records of all unpasteurized |
| 152 | milk and animal tests required by this section at the farm at |
| 153 | which the unpasteurized milk is produced for a period of 2 |
| 154 | years. |
| 155 | (b) A producer of unpasteurized milk must establish and |
| 156 | maintain a record or file of all consumer complaints. This |
| 157 | record shall contain details of the nature of the complaint; the |
| 158 | complainant's name, mailing address, and telephone number; the |
| 159 | date the complaint was made; and the date the unpasteurized milk |
| 160 | involved in the complaint was collected from the herd, if known. |
| 161 | (c) A producer shall provide all records by mail or |
| 162 | facsimile to the department or a county health department in |
| 163 | compliance with the request of the department. |
| 164 | (d) A producer shall maintain all records required by this |
| 165 | section for no less than 3 years, except for the records |
| 166 | required under paragraph (a), which shall be kept for 2 years. |
| 167 | (10) EXEMPTIONS.--The following persons are exempt from |
| 168 | the provisions of this section and from any other provision of |
| 169 | law or rule that restricts their ability to offer nonretail |
| 170 | sales of unpasteurized milk: |
| 171 | (a) A farmer who produces or harvests unpasteurized milk |
| 172 | for his or her own consumption. |
| 173 | (b) A farmer who produces or harvests unpasteurized milk |
| 174 | through cow or herd share agreements or cow or herd boarding |
| 175 | agreements. |
| 176 | (c) A farmer who produces or harvests no more than 50 |
| 177 | gallons per week of unpasteurized milk. |
| 178 | (11) PROHIBITIONS.-- |
| 179 | (a) Unpasteurized milk may not be sold or offered for |
| 180 | retail or nonretail sale unless it meets the provisions of this |
| 181 | section. |
| 182 | (b) A producer must stop all operations, productions, |
| 183 | distributions, and sales of unpasteurized milk when a county |
| 184 | health department traces a confirmed illness or pathogen to the |
| 185 | producer's farm. The producer shall correct the health safety |
| 186 | issue before resuming operations. The state may not bring legal |
| 187 | action against the producer or otherwise cause the farm |
| 188 | operations to cease unless the producer does not take corrective |
| 189 | action. |
| 190 | (c) A consumer of unpasteurized milk that is labeled |
| 191 | pursuant to paragraph (7)(a) may not bring legal action against |
| 192 | the producer of the milk because of an illness specified in |
| 193 | paragraphs (5)(a) and (d). |
| 194 | (12) PENALTIES.-- |
| 195 | (a) Any violation of this section, including rules adopted |
| 196 | in accordance with such provisions, is a misdemeanor of the |
| 197 | first degree, punishable as provided in s. 775.082 or s. |
| 198 | 775.083. |
| 199 | (b) The state attorney of the judicial district in which |
| 200 | the department reports a violation of this section shall |
| 201 | investigate, refer, and prosecute charges if the state attorney, |
| 202 | in the exercise of sound discretion, determines the action to be |
| 203 | proper. |
| 204 | (13) RULEMAKING.--The department has authority to adopt |
| 205 | rules pursuant to ss. 120.536(1) and 120.54 to implement the |
| 206 | provisions of this section conferring duties upon it. |
| 207 | (14) CONFLICTING PROVISIONS.--In the event of a conflict |
| 208 | between this section and the remainder of the chapter, this |
| 209 | section shall control. |
| 210 | Section 2. This act shall take effect July 1, 2006. |