Minnesota Legislature
SF 4654
as introduced - 93rd Legislature (2023 - 2024) Posted on 03/07/2024 04:45pm
Current Version - as introduced
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A bill for an act
relating to agriculture; permitting sales of unpasteurized milk; amending Minnesota
Statutes 2022, sections 32D.01, by adding subdivisions; 32D.02, subdivisions 5,
8, 10; 32D.13, subdivision 8, by adding a subdivision; 32D.15; 32D.16; 32D.20;
proposing coding for new law in Minnesota Statutes, chapter 32D.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2022, section 32D.01, is amended by adding a subdivision
to read:
new text begin Subd. 17. new text end
new text begin Unpasteurized butter. new text end
new text begin
"Unpasteurized butter" means butter intended for
direct consumer retail sales that is made with cream that is not pasteurized.
new text end
Sec. 2.
Minnesota Statutes 2022, section 32D.01, is amended by adding a subdivision to
read:
new text begin Subd. 18. new text end
new text begin Unpasteurized milk. new text end
new text begin
"Unpasteurized milk" means milk intended for direct
consumer retail sales that is not pasteurized.
new text end
Sec. 3.
Minnesota Statutes 2022, section 32D.01, is amended by adding a subdivision to
read:
new text begin Subd. 19. new text end
new text begin Unpasteurized milk producer. new text end
new text begin
"Unpasteurized milk producer" means a dairy
farmer with an unpasteurized milk producer permit.
new text end
Sec. 4.
Minnesota Statutes 2022, section 32D.02, subdivision 5, is amended to read:
Subd. 5.
Inspection service.
To ensure compliance with the laws and rules governing
the production, handling, processing, and sale of milk and dairy products, the commissioner
is authorized, through a duly trained and qualified milk inspector, to inspect milk and milk
products and the premises and plants where milk deleted text begin anddeleted text end new text begin ,new text end milk productsnew text begin , unpasteurized milk,
and unpasteurized butternew text end are produced, handled, and processed. Inspection services must
acquaint the processor and producers with the requirements for a Grade A deleted text begin ordeleted text end new text begin ,new text end new text begin a new text end manufacturing
gradenew text begin , or an unpasteurizednew text end milk supply for preliminary inspection to determine if a processor
has brought the processor's farms and plants to the state of compliance that qualifies the
processor's products for the Grade A deleted text begin ordeleted text end new text begin ,new text end manufacturing gradenew text begin , unpasteurized milk, or
unpasteurized butternew text end label, and for continuous inspection to ensure that a farm or plant and
all products from a farm or plant are in compliance with this chapter.
Sec. 5.
Minnesota Statutes 2022, section 32D.02, subdivision 8, is amended to read:
Subd. 8.
Rules.
(a) The commissioner shall by rule adopt identity, production, and
processing standards for deleted text begin bothdeleted text end Grade Anew text begin milk, unpasteurized milk, unpasteurized butter,new text end and
manufacturing grade milk and dairy products.
(b) In the exercise of the authority to establish requirements for Grade A milk and milk
products, the commissioner adopts definitions, standards of identity, and requirements for
production and processing contained in the most current version of the Grade A Pasteurized
Milk Ordinance, and its associated documents, of the United States Department of Health
and Human Services in a manner provided for and not in conflict with law.
(c) Producers of milk, other than Grade Anew text begin or unpasteurized milk producersnew text end , shall conform
to the standards contained in subparts B, C, D, E, and F of the United States Department of
Agriculture Agricultural Marketing Service Recommended Requirements for Milk for
Manufacturing Purposes and its Production and Processing, except that the commissioner
shall develop methods by which producers are able to comply with the standards without
violation of religious beliefs.
new text begin
(d) Unpasteurized milk producers must conform to the standards contained in the most
current version of the Grade A Pasteurized Milk Ordinance, except for any requirements
for pasteurization.
new text end
Sec. 6.
Minnesota Statutes 2022, section 32D.02, subdivision 10, is amended to read:
Subd. 10.
Fees; dairy services account; appropriation.
(a) All fees and penalties
collected under this chapter must be deposited in the dairy services account in the agricultural
fund. Money in the account, including interest, is appropriated to the commissioner for
purposes of administering this chapter.
(b) Unless otherwise noted, all fees are payable by a processor or marketing organization
and are invoiced on July 1 of each year for Grade A new text begin and unpasteurized milk producers, new text end and
January 1 of each year for manufacturing grade, and if not paid within 30 days of the due
date, inspection service may be discontinued. If a farm discontinues the production of milk
within six months of the billing date, a request for a refund based on inspection services
not received may be made by the processor or by the marketing organization on behalf of
its patrons. This request must be made in writing by June 30 for manufacturing grade or by
December 31 for Grade Anew text begin or unpasteurized milknew text end . Upon approval by the commissioner,
refunds must be made to the processor or marketing organization.
Sec. 7.
new text begin
[32D.065] UNPASTEURIZED MILK PRODUCER PERMITTING.
new text end
new text begin
Any producer selling unpasteurized milk or unpasteurized butter must have an
unpasteurized milk producer permit issued by the commissioner.
new text end
Sec. 8.
new text begin
[32D.066] UNPASTEURIZED MILK PRODUCER INSPECTION; FEES.
new text end
new text begin
(a) As provided in section 32D.02, the commissioner shall provide inspection service
to any milk producer who wishes to market unpasteurized milk or unpasteurized butter and
is in compliance with the requirements for the production of unpasteurized milk.
Unpasteurized milk producer inspections must be completed once every six months.
new text end
new text begin
(b) An unpasteurized milk producer's herd must be tested for brucellosis and tuberculosis
annually by a licensed veterinarian. Results of testing must be available to the commissioner
for review during inspections. If an unpasteurized milk producer's herd tests positive for
either brucellosis or tuberculosis, the milk producer must cease sales of unpasteurized milk
and unpasteurized butter immediately.
new text end
new text begin
(c) The fee for inspections must be no more than $....... per farm and must be paid
annually by the producer.
new text end
Sec. 9.
Minnesota Statutes 2022, section 32D.13, subdivision 8, is amended to read:
Subd. 8.
Somatic cell count.
(a) The somatic cell count, as determined by a direct
microscopic somatic cell count or an electronic somatic cell count, must not exceed 750,000
cells per milliliter for Grade A raw milknew text begin , unpasteurized milk,new text end and raw milk other than Grade
A. Notwithstanding any federal standard, the somatic cell count of goat milk must not exceed
1,500,000 cells per milliliter.
(b) The commissioner may prescribe standards and rules adopted in accordance with
law more stringent than those imposed by this subdivision.
Sec. 10.
Minnesota Statutes 2022, section 32D.13, is amended by adding a subdivision to
read:
new text begin Subd. 12. new text end
new text begin Unpasteurized milk. new text end
new text begin
(a) The bacterial count of unpasteurized milk must not
exceed 15,000 bacteria per milliliter.
new text end
new text begin
(b) The coliform count of unpasteurized milk must not exceed ten bacteria per milliliter.
new text end
new text begin
(c) Unpasteurized milk must be stored at 45 degrees Fahrenheit.
new text end
Sec. 11.
Minnesota Statutes 2022, section 32D.15, is amended to read:
32D.15 MONTHLY REPORTING.
(a) In at least four out of every six months, the dairy plant that procures milk from the
producer new text begin or an unpasteurized milk producer new text end must report to the commissioner at least one
representative test result for bacteria, somatic cell count, temperature, and antibiotic residues.
The result shall be reported within seven days after the laboratory obtains the test results.
(b) A laboratory that performs the tests required under this section for a dairy plant new text begin or
an unpasteurized milk producer new text end may report the test results for the dairy plantnew text begin or unpasteurized
milk producernew text end .
(c) A dairy plantnew text begin , an unpasteurized milk producer,new text end or new text begin a new text end laboratory shall report test results
under this section in an electronic form approved by the department or using an approved
alternative.
Sec. 12.
Minnesota Statutes 2022, section 32D.16, is amended to read:
32D.16 ENFORCEMENT.
The commissioner shall suspend a producer's permit or certification if three of the last
five official producer samples exceed the applicable standard. The commissioner shall
provide warning of a pending suspension when two of the last four producer samples exceed
the applicable standard.new text begin This section also applies to unpasteurized milk producers.
new text end
Sec. 13.
Minnesota Statutes 2022, section 32D.20, is amended to read:
32D.20 LIMITATION ON SALE.
Subdivision 1.
Pasteurization.
No milk or fluid milk products shall be sold, offered or
exposed for sale, or held in possession for sale for the purpose of human consumption in
fluid form in this state unless the milk or fluid milk product has been pasteurized, as defined
in section 32D.01, subdivision 15, and cooled, deleted text begin provideddeleted text end new text begin except new text end that this section shall not
apply to deleted text begin milk, cream, or skim milk occasionally secured or purchased for personal use by
a consumer at the place or farm where the milk is produceddeleted text end new text begin sales made under subdivision
3new text end .
Subd. 2.
new text begin Pasteurized milk new text end labels.
(a) Pasteurized milk or fluid milk products offered
or exposed for sale or held in possession for sale shall be labeled or otherwise designated
as pasteurized milk or pasteurized fluid milk products, and in the case of fluid milk products
the label shall also state the name of the specific product.
(b) Milk and dairy products must be labeled (1) with the plant number where the product
was produced; or (2) if produced in a state where official plant numbers are not assigned,
with the name and address of the manufacturer or distributor.
new text begin Subd. 3. new text end
new text begin Unpasteurized milk sales. new text end
new text begin
Unpasteurized milk and unpasteurized butter may
be sold by a permitted unpasteurized milk producer directly to an end consumer on the
producer's farm, at a farmer's market, or delivered by the producer directly to the consumer.
new text end
new text begin Subd. 4. new text end
new text begin Unpasteurized milk labels. new text end
new text begin
Unpasteurized milk and unpasteurized butter
offered or exposed for sale or held in possession for sale must be labeled with the following:
new text end
new text begin
(1) the name and address of the farmer or producer;
new text end
new text begin
(2) a description of the container contents and product ingredients; and
new text end
new text begin
(3) the following statement: "This product contains unpasteurized (raw) milk. Products
containing unpasteurized (raw) milk may contain disease-causing microorganisms that cause
serious illness."
new text end