2019 Regular Session ENROLLED
SENATE BILL NO. 39
BY SENATOR THOMPSON
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
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
18 contain not less than eight and one-quarter percent milk solids not fat and not
19 less than three and one-quarter percent milk fat. Milk may have been adjusted
20 by separating part of the milk fat therefrom or by adding thereto cream,
21 concentrated milk, concentrated low fat milks, dry milk, or dry low fat milks.
22 Milk may be homogenized. Water shall not be added to milk or any ingredient
23 used in milk. Milk may be flavored with safe and suitable flavoring ingredients
24 approved by the state health officer. The word "milk" shall be interpreted to
25 include goat, sheep, water buffalo, camel milk, and the milk of other hooved
26 mammals.
ACT No. 184
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 39 ENROLLED
1 C. Enforcement of this Section shall commence upon enforcement of the
2 standard of identity for milk by the United States Food and Drug
3 Administration.
4 D. The provisions of this Section shall not apply to breast milk.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.