SLS 19RS-186 ENGROSSED
2019 Regular Session
SENATE BILL NO. 39
BY SENATOR THOMPSON
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
HEALTH DEPARTMENT. Prohibits the mislabeling of milk products. (8/1/19)
1 AN ACT
2 To enact R.S. 40:881, relative to labeling of milk products; to provide for definitions; to
3 provide for enforcement by the Louisiana Department of Health; to provide for
4 enforcement implementation; and to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 40:881 is hereby enacted to read as follows:
7 PART VII. MILK, MILK PRODUCTS, AND SUBSTITUTES
8 SUBPART A. MILK TESTING LABELING LAW (REDESIGNATED)
9 ยง881. Labeling of milk products; prohibition; definition; enforcement
10 A. The Louisiana Department of Health shall enforce the United States
11 Food and Drug Administration's standard of identity for milk, as set forth in 21
12 CFR 131.110, the Pasteurized Milk Ordinance, and the provisions of this
13 Section to prohibit the sale of plant-based products mislabeled as milk.
14 B. For purposes of this Section, "milk" means the lacteal secretion,
15 practically free from colostrum, obtained by the complete milking of one or
16 more healthy cows. Milk that is in its final packaged form for beverage use shall
17 have been pasteurized, ultra-pasteurized, or aseptically processed and shall
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 39
SLS 19RS-186 ENGROSSED
1 contain not less than eight and one quarter percent milk solids not fat and not
2 less than three and one quarter percent milk fat. Milk may have been adjusted
3 by separating part of the milk fat therefrom or by adding thereto cream,
4 concentrated milk, concentrated low fat milks, dry milk, or dry low fat milks.
5 Milk may be homogenized. Water shall not be added to milk or any ingredient
6 used in milk. Milk may be flavored with safe and suitable flavoring ingredients
7 approved by the state health officer. The word "milk" shall be interpreted to
8 include goat, sheep, water buffalo, camel milk, and the milk of other hooved
9 mammals.
10 C. Enforcement of this Section shall commence upon enforcement of the
11 standard of identity for milk by the United States Food and Drug
12 Administration.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Christine Arbo Peck.
DIGEST
SB 39 Engrossed 2019 Regular Session Thompson
Proposed law requires the Louisiana Department of Health to enforce the US FDA's standard
of identity for milk, the Pasteurized Milk Ordinance, and the provisions of proposed law to
prohibit the sale of plant-based products mislabeled as milk.
Proposed law provides a definition of "milk".
Proposed law shall be enforced when the US FDA begins to enforce the standards of identity
for milk.
Effective August 1, 2019.
(Adds R.S. 40:881)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Health and Welfare to
the original bill
1. Clarifies that implementation of a milk labeling prohibition is contingent
upon USFDA action and is not being established as a separate and distinct
state action.
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.