2016 -- S 2092

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LC003707

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO FOOD AND DRUGS - RAW MILK

     Introduced By: Senators Kettle, Sosnowski, Morgan, P Fogarty, and Pagliarini

     Date Introduced: January 21, 2016

     Referred To: Senate Environment & Agriculture

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 21 of the General Laws entitled "FOOD AND DRUGS" is hereby

amended by adding thereto the following chapter:

CHAPTER 4.2

RAW MILK ACT

     21-4.2-1. Short title. -- This chapter shall be known and may be cited as the "Raw Milk

Act".

     21-4.2-2. Authority of milk commission. -- The milk commission shall establish, amend

or repeal rules and regulations for the handling and sale of raw milk within the state, provided

such rules and regulations are consistent with those established in chapter 4.1 of title 21.

     21-4.2-3. Rules for handling and sale. -- Notwithstanding any provision of the general

or public laws or rule or regulation to the contrary, the standards and sanitation requirements for

Grade A raw milk shall include the following:

     (1) The date on the container of retail raw milk shall indicate the last date on which the

container may be offered for sale. There shall be a five (5) day maximum period for the sale of

retail raw milk which shall commence from the time of filling. The five (5) day maximum period

may be shortened by the milk commission if the commission deems such modification to be in

the best interest of the consumer.

     (2) The name of the product is "raw cow's milk" or "raw goat's milk" and shall be so

plainly labeled. The label shall contain the name, address and zip code of the producing farm.

     (3) All retail containers of raw cow's or goat's milk shall be conspicuously labeled with

the following statement: "Raw milk is not pasteurized. Pasteurization destroys organisms that

may be harmful to human health." The minimum size of the printed words shall not be less than

one-eighth inch (1/8") in height or twice the height of any other lettering in the label, whichever

is greater.

     (4) A sign must be posted in the area where the raw milk is sold and placed in a location

where it can be easily observed by anyone entering therein. Such sign shall not be less than eight

by eleven inches (8" x 11") in total dimension and shall display the following statement: "Raw

milk is not pasteurized. Pasteurization destroys organisms that may be harmful to human health."

The minimum size of the printed words shall not be less than one-half inch (1/2") in height, with

the words "not pasteurized" being not less than one inch (1") in height.

     21-4.2-4. License to sell raw milk. -- No person, except a producer or dealer selling milk

to other than consumers, selling not more than twenty (20) quarts per day to consumers, shall

deliver, exchange, expose for sale or sell or have in their custody or possession with intent to do

so, any milk or cream, without first obtaining a permit in accordance with §21-2-7.

     21-4.2-5. Penalties for violations. -- Any person violating the provisions of this chapter

shall be punished by a fine of one hundred dollars ($100) for the first offense; a fine of two

hundred dollars ($200) for a second offense; and a fine not exceeding five hundred dollars ($500)

for a third or subsequent offense.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO FOOD AND DRUGS - RAW MILK

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     This act would establish procedures and standards promulgated by the milk commission

for the handling and sale of raw milk in the state and would provide civil fines for violations.

     This act would take effect upon passage.

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LC003707

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