The original instrument was prepared by Curry J. Lann. The following digest, which
does not constitute a part of the legislative instrument, was prepared by Mary Dozier
O'Brien.
DIGEST
SB 29 Reengrossed 2016 Regular Session LaFleur
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 state Dept. of Health and Hospitals (DHH). Allows the sale
of properly labeled milk of less than Grade A quality for a 30-day period under permit from DHH,
if the milk is labeled as to grade.
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 for human consumption 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 that are not fat. Further 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 authorizes the incidental sales on the farm of raw goat milk or whole milk produced
on such farm for human consumption, provided such sales are made pursuant to the provisions of
proposed law.
Proposed law requires that information describing the standards used by the farm or dairy with
respect to the production of raw milk be provided to the consumer by the farmer, together with the
results of tests performed on the animals that produced the milk, tests performed on the milk, and
an explanation of the tests and test results.
Proposed law requires the seller of goat milk or whole milk that has not been pasteurized to affix a label to the bottle or package that includes the following information in bold typed print of not less
than fourteen-point font:
(1)The name and address of the farm or dairy with the seller's contact information.
(2)The following statement: "WARNING Raw Milk: This product is fresh whole milk that has
NOT been pasteurized and therefore may contain harmful bacteria that can cause serious
illness in children, the elderly, and persons with weakened immune systems."
Proposed law requires a farmer who sells fresh unpasteurized goat milk or whole milk to permit
inspection of his cows or goats and barns quarterly by DHH and by any customer upon request, with
reasonable notice.
Proposed law requires a farmer to permit DHH to inspect the farm's cows or goats and barns
quarterly and upon request of a customer. Further requires the farm to post on the premises the date
of the inspection and provide any findings made by the dept. to customers, upon request.
Proposed law establishes chemical, bacteriological, and temperature standards for raw milk sold
pursuant to proposed law, including drug tests, and prohibits the presence of certain pathogens in raw
milk. Proposed law requires test results to be provided to DHH.
Proposed law establishes sanitation standards for raw milk sold pursuant to proposed law including
standards for milk with abnormalities; equipment, milking barn or parlor construction and
cleanliness; the cowyard; milkhouse or room construction, facilities, and cleanliness; toilet facilities;
water supply; utensils and equipment construction, cleaning, storage, and handling; milking
procedures; transfer of milk; personnel; cooling; transport of milk; and insect and rodent control.
Proposed law requires that bottling, packaging, and container filling of raw milk shall be done at the
place of production in a sanitary manner. Further requires that containers be closed immediately after
being filled and specifies the method of closure.
Proposed law requires that all raw milk for human consumption sold pursuant to proposed law be
from healthy animals and additionally provides that milk from unhealthy animals shall not be sold
or combined with other milk for human consumption.
Proposed law requires that all animals producing milk for human consumption pursuant to proposed
law be tested for tuberculosis and brucellosis every 12 months and requires that any animal tested
positive for such diseases shall be reported to DHH and kept separated from the remainder of the
herd. Further provides for the treatment and retesting of diseased animals and the disposition of
diseased animals.
Proposed law requires that animals shipped into the state for addition to herds be tested for
tuberculosis and brucellosis within 30 days prior to being brought into the state. Exempts cattle that
have been vaccinated for brucellosis and are between four and twelve months of age from such
testing. Proposed law requires each producer of raw milk for human consumption pursuant to proposed law
to develop and maintain procedures for the notification of regulatory officials, consumer notification,
and product recall, and to implement any of these procedures as necessary with respect to any
product for which the producer knows, or has reason to believe, that circumstances exist that may
adversely affect its safety for the consumer.
Proposed law prohibits a producer of raw milk from publishing any statement that implies approval
or endorsement by DHH.
Effective August 1, 2016.
(Amends R.S. 40:921(A) and 922(A); adds R.S. 40:931-938)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Health and Welfare to the
original bill
1. Limits the sale of raw milk to the farm where the raw milk product was produced.
2. Requires the label on the raw milk product to be in bold typed fourteen-point font
and to include the statement "WARNING Raw Milk: This product is fresh whole
milk that has NOT been pasturized and therefore may contain harmful bacteria that
can cause serious illness in children, the elderly, and persons with weakened immune
systems."
3. Requires the farmer to allow DHH to conduct quarterly inspections and requires the
farmer to submit all test results to DHH.
Senate Floor Amendments to engrossed bill
1. Legislative Bureau technical amendments.