AB 2505, as amended, Yamada. Milk: home dairy farms: sharing, exchange, or direct sale of raw milk.
(1) Existing law, the Milk and Milk Products Act of 1947, regulates the preparation, production, manufacture, distribution, and sale of milk, and specified milk products. For purposes of the act, “dairy farm” is defined to mean any place or premises upon which milk is produced for sale or other distribution and where more than 2 cows or water buffalo, or 6 goats, sheep, or other hooved mammals, are in lactation. Existing law makes a violation of the Food and Agricultural Code a misdemeanor, unless a different penalty is expressly provided.
This bill would, for purposes of the act, define “home dairy farm” to mean any place or premises upon which raw milk is produced, where no more than 3 cows or water buffalo, or 15 goats, sheep, or other hooved mammals, are in lactation, and the raw milk produced by those lactating animals is primarily intended for consumption at the home dairy farm. The bill would exclude raw milk produced at a home dairy farm from the act, and would enact the Home Dairy Farm Raw Milk Safety Act, which prescribes various requirements for the safe production of raw milk, as defined, at home dairy farms that is shared, exchanged, or offered for direct sale, as defined, by the home dairy farm, as prescribed.
This bill would permit a home dairy farm to share, exchange, or engage in the direct sale of raw milk that is in excess of the consumption needs of the home dairy farm, if the raw milk is obtained from healthy, lactating animals kept and fed on the premises of the home dairy farm, and meets specified health and safety requirements. The bill would require that any raw milk that is shared, exchanged, or directly sold pursuant to the Home Dairy Farm Raw Milk Safety Act be clean, pure, and unadulterated, and obtained from healthy animals that do not test positive for specified diseases and meet other specified requirements.
By imposing new requirements on home dairy farms, with regard to the sharing, exchange, or direct sale of raw milk, a violation of which would be a crime, the bill would impose a state-mandated local program.
(2) Existing law, the Sherman Food, Drug, and Cosmetic Law (Sherman Law), requires the State Department of Public Health to regulate the manufacture, sale, labeling, and advertising activities related to food, drugs, devices, and cosmetics in conformity with the Federal Food, Drug, and Cosmetic Act. The Sherman Law authorizes any authorized agent of the department, upon presenting appropriate credentials and at a reasonable time, to enter and inspect factories, warehouses, or other establishments to determine, among other things, whether any food, drug, device, or cosmetic is adulterated, misbranded, or falsely advertised, as provided.
This bill would authorize, for purposes of determining compliance with the requirements of the Home Dairy Farm Raw Milk Safety Act
begin delete billend delete, any authorized agent of a state or local enforcement agency, including the State Department of Public Health, or a representative of a local health department of a city, county, or city and county, upon presenting appropriate credentials and at a reasonable time, to access, for inspection purposes, a home dairy farm if the authorized agent or representative has, on the basis of a consumer complaint, or other reliable source of information, a reasonable belief, supported by standard epidemiological practice or credible scientific research, that raw milk produced or sold by a home dairy farm may be adulterated or otherwise unsafe for human consumption due to exposure to disease or contaminants, or improper storage or handling, or that the
home dairy farm has violated the Home Dairy Farm Raw Milk Safety Act.
(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
The Legislature finds and declares all of the
3(a) Farm families have been choosing to drink raw milk from
4their cows, goats, or other lactating animals for decades, and have
5traditionally shared and exchanged raw milk with neighbors and
7(b) Individuals throughout California choose to drink
8unprocessed raw milk for taste, access, or health reasons, and often
9prefer to purchase fresh milk from a neighbor rather than at a retail
10store, just as they might acquire eggs from family-owned chickens
11or produce from family gardens.
12(c) The consumption of raw milk is not prohibited by law in
13this state, and 33 other states prescribe varying standards to allow
14for limited forms of sale of raw cow or goat milk.
It is the intent of the Legislature in enacting Division
1615.2 (commencing with Section 39950) of the Food and
17Agricultural Code, to accomplish all of the following:
18(a) Authorize farm families in California to exchange, share, or
19sell limited quantities of raw milk produced at a home dairy farm
20that is in excess of household needs.
21(b) Ensure that the exchange, sharing, and direct sale of raw
22milk produced by a home dairy farm is regulated so that any raw
23milk that is exchanged, shared, or sold conforms to appropriate
24health and labeling standards.
25(c) Exempt small scale home dairy farm operations from
26 burdensome laws and regulations applicable to the production of
27market milk by large-scale retail milk producers that are not
28necessary or appropriate for the operation of small home dairy
29farms producing raw milk.
Section 32507 is added to the Food and Agricultural
2Code, to read:
“Home dairy farm” means any place or premises upon
4which raw milk is produced, where no more than three cows or
5water buffalo, or 15 goats, sheep, or other hooved mammals, are
6in lactation, and the raw milk produced by those lactating animals
7is primarily intended for consumption at the home dairy farm.
8Home dairy farm does not include any place or premises upon
9which raw milk is produced, manufactured, or processed for retail
Article 6 (commencing with Section 33582) is added
12to Chapter 5 of Part 1 of Division 15 of the Food and Agricultural
13Code, to read:
The requirements of this division regulating raw milk
18do not apply to a home dairy farm as defined in Section 32507. A
19home dairy farm shall instead be subject to Division 15.2
20(commencing with Section 39950).
Division 15.2 (commencing with Section 39950) is
22added to the Food and Agricultural Code, to read:
For purposes of this division, the following terms have
28the following meanings:
29(a) “Direct sale” means a transaction between a home dairy
30farmer and a consumer, where the consumer purchases the raw
31milk directly from the home dairy farm. Direct sales are limited
32to onsite sales at a home dairy farm, which may include the
33preordering of raw milk from the home dairy farm. Direct sale
34does not include any sales arranged online or through a retailer or
36(b) “Home dairy farm” has the same meaning as in Section
38(c) “Home dairy farmer”
means a person who owns or operates
39a home dairy farm.
P5 1(d) “Raw milk” means milk that is produced at a place or
2premise of a home dairy farm that is not pasteurized, processed,
3or otherwise adulterated.
A home dairy farm shall not
begin delete engageend delete
6 in the manufacturing, processing, or online or retail
7sale of raw milk.
A home dairy farm may share, exchange, or engage in
12the direct sale of raw milk that is in excess of the consumption
13needs of the home dairy farm, if the raw milk is obtained from
14healthy, lactating animals that are kept and fed on the premises of
15the home dairy farm and meet the requirements of this division.
16Any raw milk that is shared, exchanged, or directly sold pursuant
17to this division shall be clean, pure, and unadulterated, and obtained
18from healthy animals that do not test positive for brucellosis or
19tuberculosis or other diseases.
A home dairy farm shall arrange for the testing of
21all animals kept and fed on the premises of the home dairy farm,
22at least once annually, for brucellosis and tuberculosis. The testing
23shall be performed by a licensed veterinarian who is approved by
24the department or accredited by the United States Department of
25Agriculture. An animal that tests positive for brucellosis or
26tuberculosis shall be immediately isolated from all other animals
27at the home dairy farm, and its milk may not be shared, exchanged,
28or sold until such time that the animal tests negative for brucellosis
29or tuberculosis and is determined by a licensed veterinarian to be
Any raw milk sold by direct sale pursuant to this
40division shall comply with the following requirements:
P6 1(a) The raw milk shall be kept in a container that is clearly
2labeled with the product name, “raw milk,” with the words, “keep
3refrigerated” on the label. The container label shall also contain
4the name and address of the home dairy farm, the product quantity,
5the date packaged, and the following warning prominently
6displayed on the packaging:
8WARNING: Raw unpasteurized milk and raw dairy products
9may contain disease-causing microorganisms. Persons at highest
begin delete10 risk of disease from these organisms include newborns and infants,
11the elderly, pregnant women, those taking corticosteroids,
12antibiotics, or antacids, and persons with chronic illnesses or other
13conditions that weaken their immune systemend delete
19(b) Raw milk produced by a home dairy farm that is subject to
20this division shall not be sold or made available for other
21distribution as market milk, guaranteed milk, certified milk, Grade
22A milk, or processed milk, and shall not be subject to regulation
23as those types of milk are under applicable laws.
24(c) Any raw milk directly sold under this division shall be
25contained in containers no larger than one gallon in size.
26(d) Any raw milk that is directly sold under this division shall
27be contained in bottles, and shall be labeled by use of a securely
28attached and readable neck tag.
A home dairy farm that engages in the sharing,
36exchange, or direct sale of raw milk under this division shall
37comply with the following requirements for the care and feeding
38of its animals:
P7 1(a) Feed for dairy animals shall not be spoiled or otherwise unfit
2for the consumption by milk-producing animals, and shall be
3protected from contamination during storage.
4(b) Dairy animals shall be kept in a clean, safe, and sanitary
6(c) Dairy animals shall have access to supplies of clean water
7that are free of contamination.
8(d) Any person who has contact with raw milk produced by an
9animal shall be clean and free of communicable disease, and not
10in a condition to spread any communicable disease.
11(e) Any person who will be milking a dairy animal shall be
12required to wash his or her hands before contact with the animal.
13(f) Dairy animals shall be milked in a location that has overhead
14protection during inclement weather, that is kept clean and free of
15accumulated dust, cobwebs, manure, urine, or other filth.
16(g) Dairy animals shall be kept clean during milking.
17(h) All equipment used for milking dairy animals shall be
18thoroughly cleaned and sanitized after each use and stored in a
19clean area protected from flies, rodents, and other contaminants.
20(i) The water supply used for washing or cleaning animals or
21equipment shall be from a potable source.
22(j) Any raw milk collected pursuant to this division shall be
23cooled to 50 degrees Fahrenheit (10 degrees Celsius) or less within
24two hours of the commencement of milking and to 45 degrees
25Fahrenheit (7 degrees Celsius) or less within four hours of the
26completion of milking, and shall remain refrigerated at that
27temperature until provided to the consumer. Any raw milk provided
28to a consumer by a home dairy farm shall not contain more than
2915,000 bacteria per milliliter or more than 10 coliform bacteria
31(k) Any raw milk offered for sharing, exchange, or direct sale
32pursuant to this division shall not contain more than 600,000
33somatic cells per milliliter of cow’s milk or no more than 1,000,000
34somatic cells per milliliter of goat’s milk.
35(l) Any raw milk offered for sharing, exchange, or direct sale
36shall be filtered before final packaging using a single-service filter.
37The filtering and packaging of raw milk shall be done in a room
38that is clean and protected from flies, rodents, and other
P8 1(m) A person who purchases or receives raw milk from a home
2dairy farm subject to this division shall not resell or redistribute
3the raw milk to third parties.
(a) Notwithstanding any other law, for purposes of
6determining compliance with the requirements of this division,
7any authorized agent of a state or local enforcement agency,
8including the State Department of Public Health, or a representative
9of a local health department of a city, county, or city and county,
10may, upon presenting appropriate credentials and at a reasonable
11time, access, for inspection purposes, a home dairy farm if the
12authorized agent or representative has, on the basis of a consumer
13complaint, or other reliable source of information, a reasonable
14belief, supported by standard epidemiological practice or credible
15scientific research, that raw milk produced or sold by a home dairy
16farm may be adulterated or otherwise unsafe for human
17consumption due to exposure to disease or other contaminants, or
18improper storage or handling, or that the home dairy farm has
19violated this subdivision.
20(b) Access to a home dairy farm for purposes of carrying out
21an inspection of a home dairy farm pursuant to subdivision (a)
22shall be limited to the premises where lactating animals
begin delete are keptend delete.
No reimbursement is required by this act pursuant to
27Section 6 of Article XIII B of the California Constitution because
28the only costs that may be incurred by a local agency or school
29district will be incurred because this act creates a new crime or
30infraction, eliminates a crime or infraction, or changes the penalty
31for a crime or infraction, within the meaning of Section 17556 of
32the Government Code, or changes the definition of a crime within
33the meaning of Section 6 of Article XIII B of the California