Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF1126 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to agriculture; permitting sales of unpasteurized milk; amending Minnesota
3	3	1.3 Statutes 2024, sections 32D.01, by adding subdivisions; 32D.02, subdivisions 5,
4	4	1.4 8, 10; 32D.13, subdivision 8, by adding a subdivision; 32D.15; 32D.16; 32D.20;
5	5	1.5 proposing coding for new law in Minnesota Statutes, chapter 32D.
6	6	1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
7	7	1.7 Section 1. Minnesota Statutes 2024, section 32D.01, is amended by adding a subdivision
8	8	1.8to read:
9	9	1.9 Subd. 17.Unpasteurized butter."Unpasteurized butter" means butter intended for
10	10	1.10direct consumer retail sales that is made with cream that is not pasteurized.
11	11	1.11 Sec. 2. Minnesota Statutes 2024, section 32D.01, is amended by adding a subdivision to
12	12	1.12read:
13	13	1.13 Subd. 18.Unpasteurized milk."Unpasteurized milk" means milk intended for direct
14	14	1.14consumer retail sales that is not pasteurized.
15	15	1.15 Sec. 3. Minnesota Statutes 2024, section 32D.01, is amended by adding a subdivision to
16	16	1.16read:
17	17	1.17 Subd. 19.Unpasteurized milk producer."Unpasteurized milk producer" means a dairy
18	18	1.18farmer with an unpasteurized milk producer permit.
19	19	1.19 Sec. 4. Minnesota Statutes 2024, section 32D.02, subdivision 5, is amended to read:
20	20	1.20 Subd. 5.Inspection service.To ensure compliance with the laws and rules governing
21	21	1.21the production, handling, processing, and sale of milk and dairy products, the commissioner
22	22	1Sec. 4.
23	23	25-01722 as introduced12/24/24 REVISOR BD/VJ
24	24	SENATE
25	25	STATE OF MINNESOTA
26	26	S.F. No. 1126NINETY-FOURTH SESSION
27	27	(SENATE AUTHORS: BAHR and Drazkowski)
28	28	OFFICIAL STATUSD-PGDATE
29	29	Introduction and first reading02/10/2025
30	30	Referred to Agriculture, Veterans, Broadband and Rural Development 2.1is authorized, through a duly trained and qualified milk inspector, to inspect milk and milk
31	31	2.2products and the premises and plants where milk and, milk products, unpasteurized milk,
32	32	2.3and unpasteurized butter are produced, handled, and processed. Inspection services must
33	33	2.4acquaint the processor and producers with the requirements for a Grade A or, a manufacturing
34	34	2.5grade, or an unpasteurized milk supply for preliminary inspection to determine if a processor
35	35	2.6has brought the processor's farms and plants to the state of compliance that qualifies the
36	36	2.7processor's products for the Grade A or, manufacturing grade, unpasteurized milk, or
37	37	2.8unpasteurized butter label, and for continuous inspection to ensure that a farm or plant and
38	38	2.9all products from a farm or plant are in compliance with this chapter.
39	39	2.10 Sec. 5. Minnesota Statutes 2024, section 32D.02, subdivision 8, is amended to read:
40	40	2.11 Subd. 8.Rules.(a) The commissioner shall by rule adopt identity, production, and
41	41	2.12processing standards for both Grade A milk, unpasteurized milk, unpasteurized butter, and
42	42	2.13manufacturing grade milk and dairy products.
43	43	2.14 (b) In the exercise of the authority to establish requirements for Grade A milk and milk
44	44	2.15products, the commissioner adopts definitions, standards of identity, and requirements for
45	45	2.16production and processing contained in the most current version of the Grade A Pasteurized
46	46	2.17Milk Ordinance, and its associated documents, of the United States Department of Health
47	47	2.18and Human Services in a manner provided for and not in conflict with law.
48	48	2.19 (c) Producers of milk, other than Grade A or unpasteurized milk producers, shall conform
49	49	2.20to the standards contained in subparts B, C, D, E, and F of the United States Department of
50	50	2.21Agriculture Agricultural Marketing Service Recommended Requirements for Milk for
51	51	2.22Manufacturing Purposes and its Production and Processing, except that the commissioner
52	52	2.23shall develop methods by which producers are able to comply with the standards without
53	53	2.24violation of religious beliefs.
54	54	2.25 (d) Unpasteurized milk producers must conform to the standards contained in the most
55	55	2.26current version of the Grade A Pasteurized Milk Ordinance, except for any requirements
56	56	2.27for pasteurization.
57	57	2.28 Sec. 6. Minnesota Statutes 2024, section 32D.02, subdivision 10, is amended to read:
58	58	2.29 Subd. 10.Fees; dairy services account; appropriation.(a) All fees and penalties
59	59	2.30collected under this chapter must be deposited in the dairy services account in the agricultural
60	60	2.31fund. Money in the account, including interest, is appropriated to the commissioner for
61	61	2.32purposes of administering this chapter.
62	62	2Sec. 6.
63	63	25-01722 as introduced12/24/24 REVISOR BD/VJ 3.1 (b) Unless otherwise noted, all fees are payable by a processor or marketing organization
64	64	3.2and are invoiced on July 1 of each year for Grade A and unpasteurized milk producers, and
65	65	3.3January 1 of each year for manufacturing grade, and if not paid within 30 days of the due
66	66	3.4date, inspection service may be discontinued. If a farm discontinues the production of milk
67	67	3.5within six months of the billing date, a request for a refund based on inspection services
68	68	3.6not received may be made by the processor or by the marketing organization on behalf of
69	69	3.7its patrons. This request must be made in writing by June 30 for manufacturing grade or by
70	70	3.8December 31 for Grade A or unpasteurized milk. Upon approval by the commissioner,
71	71	3.9refunds must be made to the processor or marketing organization.
72	72	3.10 Sec. 7. [32D.065] UNPASTEURIZED MILK PRODUCER PERMITTING.
73	73	3.11 Any producer selling unpasteurized milk or unpasteurized butter must have an
74	74	3.12unpasteurized milk producer permit issued by the commissioner.
75	75	3.13 Sec. 8. [32D.066] UNPASTEURIZED MILK PRODUCER INSPECTION; FEES.
76	76	3.14 (a) As provided in section 32D.02, the commissioner shall provide inspection service
77	77	3.15to any milk producer who wishes to market unpasteurized milk or unpasteurized butter and
78	78	3.16is in compliance with the requirements for the production of unpasteurized milk.
79	79	3.17Unpasteurized milk producer inspections must be completed once every six months.
80	80	3.18 (b) An unpasteurized milk producer's herd must be tested for brucellosis and tuberculosis
81	81	3.19annually by a licensed veterinarian. Results of testing must be available to the commissioner
82	82	3.20for review during inspections. If an unpasteurized milk producer's herd tests positive for
83	83	3.21either brucellosis or tuberculosis, the milk producer must cease sales of unpasteurized milk
84	84	3.22and unpasteurized butter immediately.
85	85	3.23 (c) The fee for inspections must be no more than $....... per farm and must be paid
86	86	3.24annually by the producer.
87	87	3.25 Sec. 9. Minnesota Statutes 2024, section 32D.13, subdivision 8, is amended to read:
88	88	3.26 Subd. 8.Somatic cell count.(a) The somatic cell count, as determined by a direct
89	89	3.27microscopic somatic cell count or an electronic somatic cell count, must not exceed 750,000
90	90	3.28cells per milliliter for Grade A raw milk, unpasteurized milk, and raw milk other than Grade
91	91	3.29A. Notwithstanding any federal standard, the somatic cell count of goat milk must not exceed
92	92	3.301,500,000 cells per milliliter.
93	93	3.31 (b) The commissioner may prescribe standards and rules adopted in accordance with
94	94	3.32law more stringent than those imposed by this subdivision.
95	95	3Sec. 9.
96	96	25-01722 as introduced12/24/24 REVISOR BD/VJ 4.1 Sec. 10. Minnesota Statutes 2024, section 32D.13, is amended by adding a subdivision to
97	97	4.2read:
98	98	4.3 Subd. 12.Unpasteurized milk.(a) The bacterial count of unpasteurized milk must not
99	99	4.4exceed 15,000 bacteria per milliliter.
100	100	4.5 (b) The coliform count of unpasteurized milk must not exceed ten bacteria per milliliter.
101	101	4.6 (c) Unpasteurized milk must be stored at 45 degrees Fahrenheit.
102	102	4.7 Sec. 11. Minnesota Statutes 2024, section 32D.15, is amended to read:
103	103	4.8 32D.15 MONTHLY REPORTING.
104	104	4.9 (a) In at least four out of every six months, the dairy plant that procures milk from the
105	105	4.10producer or an unpasteurized milk producer must report to the commissioner at least one
106	106	4.11representative test result for bacteria, somatic cell count, temperature, and antibiotic residues.
107	107	4.12The result shall be reported within seven days after the laboratory obtains the test results.
108	108	4.13 (b) A laboratory that performs the tests required under this section for a dairy plant or
109	109	4.14an unpasteurized milk producer may report the test results for the dairy plant or unpasteurized
110	110	4.15milk producer.
111	111	4.16 (c) A dairy plant, an unpasteurized milk producer, or a laboratory shall report test results
112	112	4.17under this section in an electronic form approved by the department or using an approved
113	113	4.18alternative.
114	114	4.19 Sec. 12. Minnesota Statutes 2024, section 32D.16, is amended to read:
115	115	4.20 32D.16 ENFORCEMENT .
116	116	4.21 The commissioner shall suspend a producer's permit or certification if three of the last
117	117	4.22five official producer samples exceed the applicable standard. The commissioner shall
118	118	4.23provide warning of a pending suspension when two of the last four producer samples exceed
119	119	4.24the applicable standard. This section also applies to unpasteurized milk producers.
120	120	4.25 Sec. 13. Minnesota Statutes 2024, section 32D.20, is amended to read:
121	121	4.26 32D.20 LIMITATION ON SALE.
122	122	4.27 Subdivision 1.Pasteurization.No milk or fluid milk products shall be sold, offered or
123	123	4.28exposed for sale, or held in possession for sale for the purpose of human consumption in
124	124	4.29fluid form in this state unless the milk or fluid milk product has been pasteurized, as defined
125	125	4.30in section 32D.01, subdivision 15, and cooled, provided except that this section shall not
126	126	4Sec. 13.
127	127	25-01722 as introduced12/24/24 REVISOR BD/VJ 5.1apply to milk, cream, or skim milk occasionally secured or purchased for personal use by
128	128	5.2a consumer at the place or farm where the milk is produced sales made under subdivision
129	129	5.33.
130	130	5.4 Subd. 2.Pasteurized milk labels.(a) Pasteurized milk or fluid milk products offered
131	131	5.5or exposed for sale or held in possession for sale shall be labeled or otherwise designated
132	132	5.6as pasteurized milk or pasteurized fluid milk products, and in the case of fluid milk products
133	133	5.7the label shall also state the name of the specific product.
134	134	5.8 (b) Milk and dairy products must be labeled (1) with the plant number where the product
135	135	5.9was produced; or (2) if produced in a state where official plant numbers are not assigned,
136	136	5.10with the name and address of the manufacturer or distributor.
137	137	5.11 Subd. 3.Unpasteurized milk sales.Unpasteurized milk and unpasteurized butter may
138	138	5.12be sold by a permitted unpasteurized milk producer directly to an end consumer on the
139	139	5.13producer's farm, at a farmer's market, or delivered by the producer directly to the consumer.
140	140	5.14 Subd. 4.Unpasteurized milk labels.Unpasteurized milk and unpasteurized butter
141	141	5.15offered or exposed for sale or held in possession for sale must be labeled with the following:
142	142	5.16 (1) the name and address of the farmer or producer;
143	143	5.17 (2) a description of the container contents and product ingredients; and
144	144	5.18 (3) the following statement: "This product contains unpasteurized (raw) milk. Products
145	145	5.19containing unpasteurized (raw) milk may contain disease-causing microorganisms that cause
146	146	5.20serious illness."
147	147	5Sec. 13.
148	148	25-01722 as introduced12/24/24 REVISOR BD/VJ