2016 -- H 7817

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LC005092

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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 - MILK SANITATION CODE

     

     Introduced By: Representatives Canario, Johnston, Chippendale, Edwards, and Fogarty

     Date Introduced: March 02, 2016

     Referred To: House Health, Education & Welfare

     (by request)

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 21-2-2 and 21-2-3 of the General Laws in Chapter 21-2 entitled

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"Milk Sanitation Code" are hereby amended to read as follows:

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     21-2-2. Declaration of policy. -- Milk is recognized to be one of the most perfect foods

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afforded by nature. It is unique in that its consumption in adequate quantities is essential to the

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nutritional well being of the individual; but if its production and distribution are not properly

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safeguarded, it may be instrumental in the transmission of diseases infectious to people. It is

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declared to be the policy of the state that for the protection of the health and welfare of the people

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of the state of Rhode Island the environmental conditions surrounding the production, handling,

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transportation, distribution, and sale of milk and milk products shall be to protect the public

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health and to provide consumers with products which are identified in such a way as to promote

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honesty and fair dealing in the best interests of the consumers. Specifically, it is declared to be the

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policy of the state to provide:

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      (1) That the people of Rhode Island shall have a supply of milk adequate to their needs

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and demands under all conditions.

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      (2) That milk provided for consumers within the state of Rhode Island shall be of good

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quality, shall be safe for human consumption, shall contain no live bacteria capable of

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transmitting disease to people, shall contain adequate nutritional components, and shall be free of

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adulteration.

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      (3) That milk sold or produced in Rhode Island shall come from healthy cows, sheep or

 

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goats.

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      (4) That milk sold or produced in Rhode Island shall be produced on farms having

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standards and conditions of sanitation adequate to ensure production of milk that is safe and of

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good quality.

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      (5) That milk sold or produced in Rhode Island shall be produced, processed, and

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handled by personnel free from any communicable disease.

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      (6) That milk to be consumed in the state of Rhode Island shall at all stages in its travel

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from animal to ultimate consumer is transported in equipment and/or packages which shall be

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designed, filled, operated, maintained, and emptied to prevent the introduction and/or propagation

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of bacteria, dirt or any other foreign substances.

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      (7) That all milk sold in Rhode Island shall be handled and processed under conditions of

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good sanitation and shall be finally packaged free from contamination, dirt, or any other foreign

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substances and/or adulteration.

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      (8) That all milk sold within the state of Rhode Island shall be, except as specifically

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authorized by this chapter, pasteurized by a recognized method of pasteurizing adequate to

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destroy bacteria capable of transmitting disease to people. Provided, that a physician may

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authorize an individual sale of goat milk directly from producer to consumer by written, signed

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prescription.

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      (9) That the branding or labeling of packages in which all milk sold in the state of Rhode

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Island shall be delivered to the consumer shall state the grade of milk packaged, may state any

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special attributes of the milk, and that all statements made on any packaging labels shall not be

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false or misleading.

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      (10) That this state shall cooperate in the preparation and promulgation of any set of

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standards, regulations, statutes, or other means of control of sanitation in the production,

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transportation, handling, processing, and distribution of milk, or any one or more of them,

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according to a uniform system of requirements to be adopted alike by all or a majority of the

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states which contribute milk to the Rhode Island market.

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     21-2-3. Definitions. -- (a) "Cream" means the liquid milk product high in fat from milk,

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which may have been adjusted by adding to it: milk, concentrated milk, dry whole milk, skim

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milk, or nonfat dry milk.

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      (b) "Director" means the director of the department of health unless otherwise specified.

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      (c) "Goat milk" is the lacteal secretion, practically free from colostrum, obtained by the

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complete milking of healthy goats. The word "milk" is interpreted to include goat milk.

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      (d) "Grade A" means milk, cream, and products of milk and cream which comply with

 

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the applicable provisions of regulations established by the director.

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      (e) "Milk" means the lacteal secretion, practically free from colostrum, obtained by

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complete milking of one or more healthy cows. Milk that is in final package form for beverage

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use shall contain not less than eight and one-fourth percent (8.25%) milk solids not fat and not

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less than three and one-fourth percent (3.25%) milk fat. Milk may have been adjusted by

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separating part of the milk fat from it or by adding cream, concentrated milk, dry whole milk,

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skim milk, concentrated skim milk, or nonfat dry milk to it. The milk may be homogenized.

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      (f) "Raw milk for pasteurization" means grade "A" milk for pasteurization and raw

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products of milk which comply with the sanitary standards for their production, transportation,

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receiving, handling, storage, processing, distribution, and sale as established by the director.

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      (g) "Raw milk cheese" means any aged hard cheese manufactured from raw milk which

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meets US FDA standards for cheeses set for them in 21 CFR 133 and has not undergone the

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process of pasteurization and which contains, as appropriate for the cheese, generally recognized

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as safe (GRAS) and suitable ingredients as defined in 21 CFR 184.

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     SECTION 2. Chapter 21-2 of the General Laws entitled "Milk Sanitation Code" is hereby

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amended by adding thereto the following section:

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     21-2-7.1. Rhode Island raw milk cheese. -- It shall be lawful to produce in this state for

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sale raw milk cheese, as defined in §21-2-3, provided that for the facility for making of such raw

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milk cheese, an in-state processors permit is obtained pursuant to §21-2-7. The fee for such

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permit shall be in accordance with the provisions of §23-1-54 for permits issued pursuant to §21-

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2-7(g)(1), and the facility where the cheese is made shall comply with applicable standards,

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administered by the director, for a food business, which are reasonable and appropriate for a

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facility of this type and nature.

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     SECTION 3. 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 - MILK SANITATION CODE

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     This act would allow the production of raw milk cheese in Rhode Island in accordance

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with US FDA standards and under a permit issued by the director of the department of health.

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     This act would take effect upon passage.

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