BILL ANALYSIS Ó
AB 2505
Page 1
Date of Hearing: April 9, 2014
ASSEMBLY COMMITTEE ON AGRICULTURE
Susan Talamantes Eggman, Chair
AB 2505 (Yamada) - As Amended: April 3, 2014
SUBJECT : Milk: home dairy farms: sharing, exchange, or direct
sale of raw milk.
SUMMARY : This bill defines a home dairy farm (HDF) as having
three or less lactating cows or 15 or less lactating goats and
sheep, as specified. Allows a HDF to directly sell or share
excess raw milk, as specified. Requires a HDF to follow health
and safety rules if the HDF sells or shares excess raw milk.
Specifically, this bill :
1. Makes findings and declarations that farm families
consume and share raw milk from their own farm, that some
people prefer raw milk and prefer getting it from a local
known source, and states that raw milk consumption is legal
in California and in 33 other states.
2. States the intent of the legislation to allow farm
families that are a HDF to sell or share excess raw milk,
ensure the sales and sharing conform to appropriate health
and safety labeling, and to exempt an HDF operation from
laws and regulations that apply to larger scale retail milk
producers.
3. Defines a HDF as any place where raw milk is produced,
with no more than three lactating cows or water buffalos or
no more than 15 lactating goats, sheep or other hooved
animals. Requires that the raw milk produced on a HDF is
primarily for home consumption and not for retail sales.
4. Exempts an HDF from current construction, repair and
sanitation standards that apply to dairy farms.
5. Defines direct sales as transactions for raw milk
between a HDF farmer and a consumer, when the consumer buys
directly from the HDF farmer.
a. Limits direct sales to on site sales at a HDF,
which can include preordering from the HSF; and,
AB 2505
Page 2
b. Prohibits sales arranged online, through a
retailer or other distributer.
6. Defines a Home Dairy Farmer as a person who owns or
operates a HDF.
7. Defines raw milk as milk produced at a HDF that is not
pasteurized, processed or otherwise adulterated.
8. Prohibits a HDF from manufacturing, processing or online
or retail sales of raw milk.
9. Prohibits a HDF from selling to exchanging raw milk at
farmers temporary food events, including farmer markets, as
specified.
10. Allows a HDF to share, exchange or engage in direct sale
of raw milk, as specified, if the raw milk is from healthy
animals that reside on a HDF, and requires the raw milk to
be clean, pure and unadulterated and from healthy animals
that have not tested positive for diseases, as specified.
11. Requires a HDF to have annual testing for brucellosis
and tuberculosis, as specified, and isolate and take other
appropriate action for animals that test positive, as
specified.
12. Requires a HDF to keep the following records on site for
at least two years for the following:
a. Analyses and bacteriological examination of
raw milk; and,
b. Brucellosis and tuberculosis test result for
HDF dairy animals.
13. Requires HDF raw milk sold by direct sales to comply
with the following:
a. In a container clearly labeled with the
products' name, raw milk, keep refrigerated, the name
and home address of the HDF, product quantity, date
packages and warning of the health risk of raw milk,
as specified;
AB 2505
Page 3
b. Prohibits the HDF raw milk from being sold or
made available for other distribution as market milk,
guaranteed milk, certified milk, Grade A milk, or
processed milk;
c. Exempts the HDF raw milk from regulations
applied to the milks categories of milk listed in (b)
above;
d. Limits the size of the HDF raw milk containers
to one gallon or less; and,
e. Requires the HDF raw milk sold to be in
bottles and labeled by use of an attached and readable
neck tag, as specified.
14. Requires that a HDF not mislabel or disseminate false
advertising related to health benefit claims, as specified.
15. Requires a HDF that engages in sharing, exchanging and
direct sales of raw milk to do the following related to
care and feeding of HDF animals:
a. Requires feed to not be spoiled or unfit for
milk producing animals and be protected from
contamination during storage;
b. Requires animals kept in a sanitary and safe
environment;
c. Requires animals have access to clean water,
as specified;
d. Requires persons who come in contact with raw
milk to be clean and free of communicable disease, as
specified;
e. Requires persons milking the animals must wash
their hands before touching the animals;
f. Requires animals milked to be in a location
that has overhead protection in inclement weather, and
the location is clean, as specified;
AB 2505
Page 4
g. Requires animals to be kept clean during
milking;
h. Requires all equipment used for milking
animals be cleaned and sanitized after each use and
stored in a clean place, as specified;
i. Requires the water supply used for cleaning
animals or equipment to be potable;
j. Requires that HDF raw milk provided to a
consumer to be cooled, as specified, until provided to
the consumer, and cannot contain more than 15,000
bacteria per milliliter or more than 10 coliform
bacteria per millimeter;
aa. Requires that HDF raw milk provided to a
consumer cannot contain more than 600,000 somatic
cells per milliliter of cow's milk or no more than
1,000,000 somatic cells per milliliter of goat's milk;
bb. Requires that HDF raw milk provided to a
consumer must be filtered, as specified; and,
cc. Prohibits a HDF raw milk consumer to resell or
redistribute HDF raw milk.
16. Allows authorities to inspect a HDF for compliance
issues, if there has been a consumer complaint or other
reliable source of information, or reasonable belief of
non-compliance, as specified.
17. Limits an HDF inspection to the premise where the
lactating animals, milking equipment, or bottling equipment
is kept, or where milk is bottled and worker sanitation
facilities are maintained.
EXISTING LAW:
1. The Milk and Milk Products Act (MMPA) regulates the
preparation, production, manufacture, distribution, and
sale of milk, and specified milk products. MMPA defines
"dairy farm" to mean any place where milk is produced for
sale or other distribution and where more than two cows or
water buffalo, or six goats, sheep, or other hooved
AB 2505
Page 5
mammals, are in lactation.
2. The Sherman Food, Drug, and Cosmetic Law (Sherman Law),
requires the State Department of Public Health (DPH) 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 DPH
to enter and inspect establishments to determine, among
other things, whether any food, drug, device, or cosmetic
is adulterated, misbranded, or falsely advertised, as
specified.
FISCAL EFFECT : Unknown. This bill has been keyed fiscal.
COMMENTS : This bill defines a HDF as having no more than three
lactating cows or no more than 15 lactating goats on the
premises. This bill would allow a HDF to sell, on site, excess
raw milk produced by the HDF. A HDF would be exempt from
current dairy farm law, and instead have new, but similar health
and safety standards.
According to the author, this bill incorporates these
small-scale raw milk producers into critical safety and
sanitation standards. Furthermore, the author states that
safety and sanitation standards for home dairy farms include
having their animals tested and found non-reactive to annual
tuberculin and brucellosis testing, maintaining strict milk
temperatures, and strict bacterial limits, the same standards
required for Grade A raw market milk.
Supporters state farm families have a long history of choosing
to drink raw milk from their cows and goats and have shared this
milk with friends and neighbors in the community. Currently, it
is necessary for a dairy farm to obtain a permit, build special
infrastructures such as milking rooms, and pay for regular farm
inspection fees, animal health inspection fees and grading of
the milk and fat content measuring. According to supporters,
the cost of these requirements can prevent families with a few
cows from being able to share their milk legally. Supporters
state this bill will provide California's small family farms a
legal method for putting their milk to use instead of throwing
it away.
Opponents worry that this bill replaces current law with a more
AB 2505
Page 6
lax regulatory structure that is not based on sound public
policy. Medical and health organizations point out that
unpasteurized raw milk presents a serious health risk, and
California's current law regulates raw milk production to
minimize risk to the public. Opponents point out a 2012 study,
in which the Centers for Disease Control and Prevention (CDC)
stated raw milk was much more likely to cause outbreaks than
pasteurized milk. Furthermore, CDC found that the outbreaks
caused by raw milk tended to cause more severe disease, with the
hospitalization rates for patients in outbreaks caused by raw
milk is 13 times higher than the rate for people in outbreaks
caused by pasteurized milk.
Opponents state that while this bill does establish sanitation
standards and strict bacterial limits, the enforcement
mechanisms are weak at best. Inspections are driven by consumer
complaint or other reliable evidence of an incident. Opponents
state that this means inspections by health officials could only
be reactive and not preventative. Unlike current dairy
inspections, which are funded by dairy farm fees, there would be
no funding for inspections or enforcement for HDF violations.
Opponent state that the bill has no penalties for violations,
thus further weakening enforcement.
One of the main ideas behind this bill is to give a HDF the
ability to legally have on-farm selling of their raw milk. If
legal legitimacy is a goal, it is not unreasonable to know who
is acting as a HDF under this bill. The committee may wish to
consider having a HDF register with the California Department of
Food and Agriculture in order to ensure public knowledge of the
numbers and locations of HDFs.
With the concern over the potential issue that may arise from
this legislation, the committee may wish to consider if it is
appropriate public policy, for legislative oversight, to place a
three year sunset on this bill.
To clarify legislative intent, the committee may wish to
consider the following amendment: (page 25-29)
(c) Exempt small scale home dairy farm operations from
burden some laws and regulations applicable to the production of
market milk by large-scale retail milk producers that are not
necessary or appropriate for the operation of small home dairy
farms producing raw milk .
AB 2505
Page 7
The definition of raw milk in this bill states that HDF milk "is
not pasteurized, processed or adulterated." Processed can apply
to bottling and adulterated as it relates to food products means
"Any food is adulterated if it bears or contains any poisonous
or deleterious substance that may render it injurious to health
of man or any other animal that may consume it." To clarify the
definition of raw milk for the purpose of this bill, the
committee may wish to consider the following amendment: (page 5,
lines 1-3) (d) "Raw milk" means milk that is produced at a place
or premise of a home dairy farm that is not pasteurized ,
processed, or otherwise adulterated .
REGISTERED SUPPORT / OPPOSITION :
Support
Adkins Felch LLP
California Farmers Union
California State Grange
Community Alliance with Family Farmers
Sustainable Economies Law Center
Opposition
Agricultural Council of California
California Dairies, Inc.
California Farm Bureau Federation
California Medical Association
Dairy Farmers of America
Health Officers Association of California
International Dairy Foods Association
Land O' Lake, Inc.
Milk Producers Council
National Milk Producers Federation
Western United Dairymen
Analysis Prepared by : Victor Francovich / AGRI. / (916)
319-2084