Title V, AGRICULTURE (Ch. 159 - 215A)

1. To ensure uniformity in the tests and reporting, an employee certified by the United States public health service of the bacteriological laboratory of the department shall annually certify, in accordance with rules adopted by the department incorporating or incorporating by re…

As used in this chapter , “container” means a rigid or nonrigid receptacle, including but not limited to a can, bottle, case, paper carton, cask, keg, or barrel. [C24, 27, 31, 35, 39, § 3094; C46, 50, 54, 58, 62, 66, §192.33; C71, 73, 75, 77, 79, 81, §192.56 ] CS91, §192.121 91 A…

Bottles or jars used for the sale of milk shall have clearly blown or permanently marked in the side of the bottle, the capacity of the bottle, and on the bottom of the bottle the name, initials, or certification mark of the manufacturer. The designating number shall be furnished…

With the approval of the department any person who deals in or transports milk, cream, skimmed milk, buttermilk, or ice cream may adopt a distinctive mark or brand to be placed upon any container owned or used by the person, and the same may be registered with the department. [C2…

A person shall not, without the consent of the owner, retain for a longer period than three days a container bearing a registered mark, and any person receiving such a container shall immediately return it to the owner by a common carrier. A receipt from a common carrier is prima…

Milk and cream bottles bearing registered marks shall be returned by delivering them to the owner or the owner’s agent in person or by leaving them where they may be picked up by the owner. [C24, 27, 31, 35, 39, § 3098; C46, 50, 54, 58, 62, 66, §192.37; C71, 73, 75, 77, 79, 81, §…

When any person comes into possession of a container bearing a registered mark which belongs to another whose name and address the person does not know, the person shall immediately notify the department in writing, giving the size, shape, and mark of the container. Upon receipt …

No person shall for any purpose use any registered mark or any container bearing such mark, or remove or alter any such mark placed upon a container without the consent of the owner. [C24, 27, 31, 35, 39, § 3100; C46, 50, 54, 58, 62, 66, §192.39; C71, 73, 75, 77, 79, 81, §192.62 …

The department may establish grade “A” standards for cottage cheese dry curd, cottage cheese, and low fat cottage cheese as a part of the ordinance required by this chapter . However, a governmental body, including the department, a county as provided in chapter 331 , or a city a…

Imitation butter shall be sold only under the name of oleomargarine, and no person shall use in any way, in connection or association with the sale or exposure for sale or advertisement of any such product, the word “butter”, “creamery”, or “dairy”, or the name or representation …

A person who violates any provision of this chapter , chapter 190 , or chapter 191 , or a rule adopted under any of those chapters may be enjoined from continuing such violations. Each day upon which such a violation occurs constitutes a separate violation. [C71, 73, 75, 77, 79, …

This chapter may be cited as the “Iowa Grading Law for Milk Used for Manufacturing Purposes” . [C62, 66, 71, 73, 75, 77, 79, 81, §194.1 ]

All purchases and deliveries of milk and cream for the manufacture of dairy products shall be made on the basis of grades and definitions set forth in this chapter . [C62, 66, 71, 73, 75, 77, 79, 81, §194.10 ]

All purchasers and receivers of milk for the manufacture of dairy products for human consumption shall maintain a reasonable price differential between the grades of milk as defined by the bacterial estimate tests. This price differential shall not be less than five percent of th…

Each creamery, cheese factory or milk processing plant shall maintain records of all purchases and receipts of milk from individual producers. These records must show: 1. Name of producer. 2. Date of delivery. 3. Quantity delivered. 4. Grade assigned. [C62, 66, 71, 73, 75, 77, 79…

A person who holds a milk hauler permit or a milk grader permit pursuant to section 192.111 may mix a harmless coloring matter in unlawful milk as provided in section 194.9 to prevent the unlawful milk from being processed and used in any form for human consumption. [C62, 66, 71,…

1. The secretary of agriculture shall enforce the provisions of this chapter , and to this end may adopt such rules and regulations pursuant to chapter 17A as may appear necessary, but not inconsistent with this chapter . 2. The secretary may adopt by rule requirements recommende…

A purchaser of milk from a grade “B” milk producer shall pay an inspection fee not greater than one-half cent per hundredweight. The fee is payable monthly to the department at a time prescribed by the department. Fees collected under this section shall be deposited and used as r…

Any producer using a bulk tank for cooling and storage of milk to be used for manufacturing purposes shall have an enclosed milk room which shall conform to the standards provided by this section . The floor shall be constructed of concrete or other impervious material, maintaine…

This chapter does not apply to any of the following: 1. The production, processing, marketing, and distribution of raw milk, if the raw milk is produced by a raw milk producer at a raw milk dairy as provided in chapter 195 . 2. The manufacture, marketing, and distribution of a ra…

1. Except as provided in subsection 2 , a person who, in person or by an agent or employee, willfully violates any requirement of this chapter shall be guilty of a simple misdemeanor. 2. A person in violation of section 194.3A is subject to the same civil penalty as applied to th…

For the purpose of this chapter : 1. “Bulk milk tanker” means all of the following: a. A bulk milk tanker as defined in section 192.101A . b. A vehicle that transports milk stored in milk cans. 2. “Milk grader” means the same as defined in section 192.101A . 3. “Milk hauler” mean…

1. The department shall issue and renew permits under this chapter as provided by rules adopted by the department. The following persons must receive a permit from and pay a permit fee to the department: a. A milk hauler which must obtain a milk hauler permit. b. A milk grader wh…

1. All milk received at a creamery, cheese factory, or milk-processing plant shall be examined for physical characteristics, off-flavors and off-odors, including those associated with developed acidity. The condition of the raw milk shall be wholesome and characteristic of normal…

A test shall be made on the first purchase of milk from a new producer and at least once within each thirty-day interval thereafter. One lot of milk from each producer shall be selected at random and tested for extraneous matter by an appropriate method. The secretary shall deter…

1. At least once every thirty days an estimate of the bacterial quality shall be made of each producer’s milk by use of a standard plate count or an equivalent plate counting procedure in an officially designated laboratory. 2. For the purpose of quality improvement and payment, …

Milk acceptable from the standpoint of organoleptic examination, containing no excessive extraneous matter and complying with class 1 or 2 for bacterial estimate shall be acceptable for use in the processing and manufacturing of dairy products for human consumption. [C62, 66, 71,…

1. Milk acceptable from the standpoint of organoleptic examination, containing no excessive extraneous matter and classified in excess of three hundred thousand for bacterial estimate, may be used in the processing and manufacturing of dairy products for human consumption for a p…

Milk, which from the standpoint of organoleptic examination is not acceptable, or which contains excessive extraneous matter or which by three out of five bacterial estimate tests is classified in excess of three hundred thousand, or which contains material evidencing production …

As used in this chapter , unless the context otherwise requires: 1. “Dairy animal” means a cow, goat, or sheep that is actively producing milk. 2. “Department” means the department of agriculture and land stewardship. 3. “Distribute” means to transfer an item or offer to transfer…

1. The department of health and human services acting under chapter 135 , or a local board of health acting under chapter 137 , may demand that a raw milk producer provide it with all records required to be kept by the raw milk producer as provided in section 195.6 , including an…

1. This chapter shall be construed to supplement applicable provisions in chapters 190 , 191 , 192 , and 194 . If there is a conflict between a provision in this chapter and one of those other chapters, the provision in this chapter shall prevail but only to the extent of interpr…

This chapter does not apply to a bulk milk tanker, milk grader, milk hauler, milk plant, milk processing plant, dairy plant, transfer station, or receiving station. 2023 Acts, ch 75, §15

The department shall not adopt rules to administer or enforce this chapter . 2023 Acts, ch 75, §16

A raw milk producer may elect to produce, process, market, or distribute raw milk at the raw milk producer’s raw milk dairy in compliance with this chapter . A raw milk producer may also elect to use the raw milk to manufacture, market, or distribute a raw milk product or raw mil…

If a raw milk producer makes an election described in section 195.5 to produce raw milk, all of the following apply: 1. The raw milk must be produced exclusively from dairy animals maintained at the raw milk dairy. 2. The raw milk must be produced at the raw milk dairy in a manne…

1. Raw milk produced at a raw milk dairy must be processed and manufactured at the raw milk dairy in a manner that ensures the health and safety of persons consuming the processed raw milk, raw milk product, or raw milk dairy product. 2. The raw milk must not be pasteurized or gr…

1. A raw milk producer shall only take an order for the distribution of raw milk at the raw milk producer’s raw milk dairy where the raw milk is produced. The raw milk producer shall only distribute the raw milk to an individual placing the order. a. (1) The raw milk producer sha…

1. A raw milk producer who distributes raw milk, or a manufactured raw milk product or raw milk dairy product, shall label the container holding the raw milk, or the manufactured raw milk product or raw milk dairy product. The label shall be permanently affixed to the container. …

Unless the context otherwise requires: 1. “Candling” means the careful examination of each shell egg and the elimination of those eggs determined unfit for human consumption. 2. “Consumer” means a person who buys eggs for personal consumption. 3. “Department” means the department…

Sections 189.9 through 189.12 shall apply to the labeling of packaged eggs which have been candled and graded if not inconsistent with the provisions of this chapter . All cases of loose packed eggs sold in this state shall identify the egg handler’s name or license number or Uni…

The provisions of section 189.28 shall not apply to eggs. [C58, 62, 66, 71, 73, 75, §196.19; C77, 79, 81, §196.11 ]

Vehicles used to transport eggs from the point of production to an egg handler or between handlers shall be kept in sanitary condition and shall be enclosed. However, this section shall not apply to producers transporting their own eggs to a handler. [C58, 62, 66, 71, 73, 75, §19…

Handlers shall keep a record for three years of each of their purchases and sales of eggs, including the date of the transaction, the names of the parties, the grade, or nest run, and the quantity of eggs being purchased or sold. [C77, 79, 81, §196.13 ]

Any person who violates a provision of this chapter shall be guilty of a simple misdemeanor. In addition, if the offender is a handler or a retailer, the court for the third offense shall suspend the offender’s license for thirty days; for the fourth and any subsequent offense, s…

The department shall enforce this chapter , and may adopt rules pursuant to chapter 17A and consistent with regulations of the United States government as they exist on July 1, 1985, pursuant to the Agricultural Marketing Act of 1946, 7 U.S.C. §1621 et seq., and the Egg Products …