Bill Summary for H 103 (2019-2020)

Summary date: 

Feb 19 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
House Bill 103 (Public) Filed Tuesday, February 19, 2019
AN ACT TO PROMOTE SMALL DAIRY SUSTAINABILITY BY ALLOWING THE RETAIL SALE OF RAW MILK FOR HUMAN CONSUMPTION.
Intro. by Presnell, Hardister, Ager, Harrison.

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Bill summary

Makes the following changes to Article 28C of GS Chapter 106, retitling the Article, Grade "A" Milk and Raw Milk Sanitation.

Adds raw milk and small herd operation to the defined terms set out in GS 106-266.30.

Enacts GS 106-266.31A, establishing standards for the production and processing of raw milk intended for human consumption, including requiring all raw milk be produced and processed on the same premises. Exempts from the standards raw milk dispensed to the independent or partial owner of a cow, goat, or other lactating animal for the owner's personal use or consumption. 

Expands the permitting requirement set out in GS 106-266.32 for Grade "A" milk production, transport, processing, and distribution. Now requires a raw milk permit for any producer of raw milk for human consumption who has a dairy herd for production of raw milk that is larger than a small herd operation, and a Small Herd Raw Milk permit for any producer of raw milk who owns a small herd operation, for the production, transportation, processing, or distribution of raw milk for human consumption. Small herd operation is defined in GS 106-266.30, as amended, to mean a dairy farm with a herd of lactating cows, goats, or sheep not exceeding ten, though the herd may include more lactating animals producing milk for purposes other than raw milk for human consumption. Exempts from the permitting requirements dispensing of raw milk for personal use or consumption to an independent or partial owner of a cow, goat, or other lactating animal. Sets forth further specifications for Small Herd Raw Milk permits and permittees. 

Enacts GS 106-266.33A, allowing testing of raw milk produced by raw milk and Small Herd Raw Milk permittees at the request of the permittee. Requires Small Herd Raw Milk permittees to provide quality test results if requested by any person.

Amends GS 106-266.35, allowing raw milk produced subject to a valid raw milk or Small Herd Raw Milk permit to be sold or dispensed directly to consumers for human consumption (currently, raw milk and raw milk products are required to be sold or dispensed only to a permitting milk hauler or to a processing facility, as specified). Adds new labeling requirements for raw milk and raw milk whose sale does not occur at the premises on which the raw milk is produced. Prohibits raw milk from being sold or offered for sale through restaurants. Sets out requirements for the retail sale of raw milk, including requiring separate, labeled, refrigerated display cases for Grade "A" milk and raw milk. Makes conforming changes.

Makes conforming changes to GS 106-266.34 (clarifying other authorities of the Department of Agriculture and Consumer Services not repealed or limited) and GS 106-266.36 (providing for milk embargo). Makes technical changes to GS 106-266.36.

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