HLS 14RS-280 ORIGINAL
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are additions.
Regular Session, 2014
HOUSE BILL NO. 247
BY REPRESENTATIVES ORTEGO AND DANAHAY
AGRICULTURE/MILK: Authorizes the sale of raw milk by a farmer to a consumer
AN ACT1
To amend and reenact R.S. 40:921(A) and 922(A) and to enact Subpart C of Part VII of2
Chapter 4 of Title 40 of the Louisiana Revised Statutes of 1950, to be comprised of3
R.S. 40:931 through 936, relative to the sale of milk; to authorize the sale of raw cow4
milk; to authorize the sale of raw goat milk; to establish sanitary regulations for the5
production of goat milk; to authorize the sale of cheeses made from raw milk; to6
provide for labeling requirements; to provide for rulemaking authority; and to7
provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 40:921(A) and 922(A) are hereby amended and reenacted and10
Subpart C of Part VII of Chapter 4 of Title 40 of the Louisiana Revised Statutes of 1950,11
comprised of R.S. 40:931 through 936, is hereby enacted to read as follows:12
§921. Grade A requirements; powdered whole milk and powdered skim milk13
labeling requirements 14
A. All Except for the sale of raw milk pursuant to R.S. 40:931 et seq., all15
fluid milk, cream, buttermilk, and milk beverages sold, offered for sale, or delivered16
for the purpose of human consumption as such, shall be Grade A according to17
specifications in the rules and regulations promulgated by the Department of Health18
and Hospitals, hereinafter referred to as the "department"; provided that a person19 HLS 14RS-280 ORIGINAL
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may sell properly labeled milk of a quality less than Grade A for a period of thirty1
days under permit from the department, provided it is labeled as to grade. 2
* * *3
§922. Rules and regulations prescribing sanitary standard requirements and grade4
labeling requirements5
A. The department is hereby empowered and shall hereby have the authority6
to promulgate rules and regulations prescribing the sanitary standard requirements7
of all milk sold or offered for sale in this state, other than raw milk sold pursuant to8
R.S. 40:931 et seq., provided that no rules and regulations shall be promulgated9
setting up standards lower than those as set forth in the U.S. Public Health Service10
Milk Ordinance and Code.11
* * *12
SUBPART C. SALE OF RAW MILK PRODUCTS13
§931. Definitions14
In this Subpart, unless the context otherwise requires, the following15
definitions shall be applicable:16
(1) "Incidental sales of goat milk and whole milk that has not been17
pasteurized" means those sales where the average monthly number of gallons sold18
does not exceed five hundred gallons.19
(2) "Raw milk" means goat milk and whole milk that has not been20
pasteurized.21
(3) "Whole milk" means the lacteal secretion obtained by the complete22
milking of one or more healthy cows, properly fed and kept, that when offered for23
sale contains at least three and one-fourth percent of butterfat and eight and24
one-fourth percent solids not fat. The term "whole milk" shall not include lacteal25
secretion obtained within fifteen days before or five days after calving or a longer26
period if necessary to render the milk practically colostrum free.27 HLS 14RS-280 ORIGINAL
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§932. Incidental sales of raw milk permitted; location; advertising1
Notwithstanding any provision of law to the contrary, nothing in this Part2
shall be construed to prohibit incidental sales of goat milk or whole milk that has not3
been pasteurized, for the purpose of human consumption, directly to consumers at4
the farm where the milk is produced or preclude the advertising of incidental sales5
of goat milk or whole milk that has not been pasteurized.6
§933. Sale of whole milk that has not been pasteurized; labeling7
A. With respect to whole milk that has not been pasteurized, the seller shall8
do all of the following:9
(1) Post at the point of sale a sign that is no smaller than two feet by four feet10
that includes all of the following information in large, clear text:11
(a) The name and address of the farm with the seller's contact information.12
(b) The following statement: "This product, sold for personal use and not13
for resale, is fresh whole milk that has NOT been pasteurized. Neither this farm nor14
the milk sold by this farm has been inspected by the state of Louisiana. The15
consumer assumes all liability for health issues that may result from the consumption16
of this product."17
(2) Affix a label to the bottle or package that includes all of the following18
information:19
(a) The name and address of the farm with the seller's contact information.20
(b) The following statement: "This product, sold for personal use and not21
for resale, is fresh whole milk that has NOT been pasteurized. Neither this farm nor22
the milk sold by this farm has been inspected by the state of Louisiana. The23
consumer assumes all liability for health issues that may result from the consumption24
of this product."25
B. A farmer who sells fresh unpasteurized whole milk shall permit26
inspection of the farmer's cows and barns by any customer upon request.27 HLS 14RS-280 ORIGINAL
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§934. Sale of goat milk that has not been pasteurized; labeling1
A. Incidental sales of goat milk that has not been pasteurized shall not be2
prohibited if all of the following conditions are met:3
(1) The milk is sold directly to the consumer on the premises where the milk4
is produced.5
(2) No more than nine producing goats are located on the premises where the6
milk is produced.7
(3) All of the following conditions, which apply to the milking of goats8
involved in legal incidental sales of raw goat milk, are satisfied:9
(a) The milking takes place in a clean environment on a cement or10
comparable floor.11
(b) The milking place is enclosed by a wall or screen to prevent insects from12
entering the milking area.13
(c) A fly strap is located in the milking area.14
(d) Sterile containers are used in the milking process and for storage.15
(4)(a) A sign is posted at the point of sale that is no smaller than two feet by16
four feet that includes all of the following information in large, clear text:17
(i) The name and address of the farm with the seller's contact information.18
(ii) The following statement: "This product, sold for personal use and not19
for resale, is fresh goat milk that has NOT been pasteurized. Neither this farm nor20
the milk sold by this farm has been inspected by the state of Louisiana. The21
consumer assumes all liability for health issues that may result from the consumption22
of this product."23
(b) There is a label affixed to the bottle or package that includes all of the24
following information:25
(i) The name and address of the farm with the seller's contact information.26
(ii) The following statement: "This product, sold for personal use and not27
for resale, is fresh goat milk that has NOT been pasteurized. Neither this farm nor28
the milk sold by this farm has been inspected by the state of Louisiana. The29 HLS 14RS-280 ORIGINAL
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consumer assumes all liability for health issues that may result from the consumption1
of this product."2
B. Raw goat milk may be stored in a separate sterile place from pasteurized3
goat milk.4
C. A farmer who sells fresh unpasteurized goat milk shall permit inspection5
of the farmer's goats and barns by any customer upon request.6
§935. Sale of cheese made from raw milk; location; labeling7
A. Notwithstanding any other provision of law to the contrary, cheese made8
from goat milk or whole milk that has not been pasteurized may be sold or offered9
for sale for the purpose of human consumption if all of the following conditions are10
met:11
(1) The cheese is cured at a temperature of not less than thirty-five degrees12
Fahrenheit for not less than sixty days.13
(2) The cheese is offered for sale by the cheese producer directly to the14
consumer only on the premises of the farm where the cheese is produced.15
(3) A sign is posted at the point of sale that is no smaller than two feet by16
four feet that includes all of the following information in large, clear text:17
(a) The name and address of the farm with the seller's contact information.18
(b) The following statement: "This product, sold for personal use and not19
for resale, is cheese made from goat milk or whole milk that has NOT been20
pasteurized. Neither this farm nor the milk sold by this farm has been inspected by21
the state of Louisiana. The consumer assumes all liability for health issues that may22
result from the consumption of this product."23
(4) The cheese producer has clearly labeled each container of cheese made24
from goat milk or whole milk that has not been pasteurized with the following25
information:26
(a) The name and address of the farm with the seller's contact information.27
(b) The following statement: "This product, sold for personal use and not28
for resale, is cheese made from goat milk or whole milk that has NOT been29 HLS 14RS-280 ORIGINAL
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pasteurized. Neither this farm nor the cheese sold by this farm has been inspected1
by the state of Louisiana. The consumer assumes all liability for health issues that2
may result from the consumption of this product."3
B. A farmer who sells cheese made from goat milk or whole milk that has4
not been pasteurized shall permit inspection of the farmer's cows or goats and barns5
by any customer upon request.6
§936. Rules and regulations7
The Department of Health and Hospitals may promulgate, in accordance with8
the Administrative Procedure Act, any rules and regulations necessary for the9
administration of this Subpart.10
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Ortego HB No. 247
Abstract: Authorizes the sale of goat milk or whole milk that has not been pasteurized by
the producer to the consumer on the premises where the raw milk is produced.
Present law requires all fluid milk, cream, buttermilk, and milk beverages sold, offered for
sale, or delivered for the purpose of human consumption to be Grade A according to
specifications in the rules and regulations promulgated by the Dept. of Health and Hospitals
(DHH).
Proposed law retains present law but adds an exception for raw milk sold pursuant to
proposed law.
Present law authorizes DHH to promulgate rules and regulations prescribing the sanitary
standard requirements of all milk sold or offered for sale in this state, provided that no rules
and regulations shall be promulgated setting up standards lower than those as set forth in the
U.S. Public Health Service Milk Ordinance and Code.
Proposed law retains present law but adds an exception for raw milk sold pursuant to
proposed law.
Proposed law defines "incidental sales of goat milk and whole milk that has not been
pasteurized" as those sales where the average monthly number of gallons sold does not
exceed 500 gallons.
Proposed law defines "raw milk" as goat milk and whole milk that has not been pasteurized.
Proposed law defines "whole milk" as the lacteal secretion obtained by the complete milking
of one or more healthy cows, properly fed and kept, that when offered for sale contains at
least 3-1/4% of butterfat and 8-1/4% solids not fat. HLS 14RS-280 ORIGINAL
HB NO. 247
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are additions.
Proposed law provides that the term "whole milk" shall not include lacteal secretion obtained
within 15 days before or five days after calving or a longer period if necessary to render the
milk practically colostrum free.
Proposed law provides that nothing in proposed law shall be construed to prohibit incidental
sales of goat milk or whole milk that has not been pasteurized directly to consumers at the
farm where the milk is produced or preclude the advertising of incidental sales of goat milk
or whole milk that has not been pasteurized.
Proposed law requires the seller of whole milk that has not been pasteurized to do all of the
following:
(1)Post at the point of sale a sign that is no smaller than two feet by four feet that
includes all of the following information in large, clear text:
(a)The name and address of the farm with seller's contact information.
(b)The following statement: "This product, sold for personal use and not for
resale, is fresh whole milk that has NOT been pasteurized. Neither this farm
nor the milk sold by this farm has been inspected by the state of La. The
consumer assumes all liability for health issues that may result from the
consumption of this product.".
(2)Affix a label to the bottle or package that includes all of the following information:
(a)The name and address of the farm with the seller's contact information.
(b)The following statement: "This product, sold for personal use and not for
resale, is fresh whole milk that has NOT been pasteurized. Neither this farm
nor the milk sold by this farm has been inspected by the state of La. The
consumer assumes all liability for health issues that may result from the
consumption of this product."
Proposed law requires a farmer who sells fresh unpasteurized whole milk to permit
inspection of the farmer's cows and barns by any customer upon request.
Proposed law authorizes the incidental sales of goat milk that has not been pasteurized if all
of the following conditions are met:
(1)The milk is sold directly to the consumer on the premises where the milk is
produced.
(2)No more than nine producing goats are located on the premises where the milk is
produced.
(3)All of the following conditions, which apply to the milking of goats involved in legal
incidental sales of raw goat milk, are satisfied:
(a)The milking takes place in a clean environment on a cement or comparable
floor.
(b)The milking place is enclosed by a wall or screen to prevent insects from
entering the milking area.
(c)A fly strap is located in the milking area.
(d)Sterile containers are used in the milking process and for storage. HLS 14RS-280 ORIGINAL
HB NO. 247
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(4)A sign is posted at the point of sale that is no smaller than two feet by four feet that
includes all of the following information in large, clear text:
(a)The name and address of the farm with seller's contact information.
(b)The following statement: "This product, sold for personal use and not for
resale, is fresh goat milk that has NOT been pasteurized. Neither this farm
nor the milk sold by this farm has been inspected by the state of La. The
consumer assumes all liability for health issues that may result from the
consumption of this product."
(2)There is a label affixed to the bottle or package that includes all of the following
information:
(a)The name and address of the farm with the seller's contact information.
(b)The following statement: "This product, sold for personal use and not for
resale, is fresh goat milk that has NOT been pasteurized. Neither this farm
nor the milk sold by this farm has been inspected by the state of La. The
consumer assumes all liability for health issues that may result from the
consumption of this product."
Proposed law authorizes raw goat milk to be stored in a separate sterile place from
pasteurized goat milk.
Proposed law requires a farmer who sells fresh unpasteurized goat milk to permit inspection
of the farmer's goats and barns by any customer upon request.
Proposed law authorizes the sale of cheese made from goat milk or whole milk that has not
been pasteurized for the purpose of human consumption if all of the following conditions
are met:
(1)The cheese is cured at a temperature of not less than 35 degrees Fahrenheit for not
less than 60 days.
(2)The cheese is offered for sale by the cheese producer directly to the consumer only
on the premises of the farm where the cheese is produced.
(3)There is a sign posted at the point of sale a sign that is no smaller than two feet by
four feet that includes all of the following information in large, clear text:
(a)The name and address of the farm with seller's contact information.
(b)The following statement: "This product, sold for personal use and not for
resale, is cheese made from goat milk or whole milk that has NOT been
pasteurized. Neither this farm nor the milk sold by this farm has been
inspected by the state of La. The consumer assumes all liability for health
issues that may result from the consumption of this product."
(4)The cheese producer has clearly labeled each container of cheese made from goat
milk or whole milk that has not been pasteurized with the following information:
(a)The name and address of the farm with the seller's contact information.
(b)The following statement: "This product, sold for personal use and not for
resale, is cheese made from goat milk or whole milk that has NOT been
pasteurized. Neither this farm nor the cheese sold by this farm has been HLS 14RS-280 ORIGINAL
HB NO. 247
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are additions.
inspected by the state of La. The consumer assumes all liability for health
issues that may result from the consumption of this product."
Proposed law requires a farmer who sells cheese made from goat milk or whole milk that
has not been pasteurized to permit inspection of the farmer's cows or goats and barns by any
customer upon request.
Proposed law authorizes DHH to promulgate any administrative rules and regulations
necessary for the administration of proposed law.
(Amends R.S. 40:921(A) and 922(A); Adds R.S. 40:931-936)