2013 -- S 0015

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LC00326

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO FOOD AND DRUGS - RAW MILK

     Introduced By: Senators Kettle, Jabour, Sosnowski, Hodgson, and Archambault

     Date Introduced: January 16, 2013

     Referred To: Senate Environment & Agriculture

It is enacted by the General Assembly as follows:

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

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amended by adding thereto the following chapter:

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     CHAPTER 4.2

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RAW MILK ACT

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

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Act".

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

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

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

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

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

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Grade A raw milk shall include the following:

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

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

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

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

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the best interest of the consumer.

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     (2) The name of the product is "Raw Cow's Milk" or "Raw Goat's Milk" and shall be so

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

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

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

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

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

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is greater.

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

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

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

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

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

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

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

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

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deliver, exchange, expose for sale or sell or have in his/her custody or possession with intent to

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do so, any milk or cream, without first obtaining a permit in accordance with general law section

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21-2-7.

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

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shall be subject to the penalties prescribed in chapters 1, 2, 17, 23, and 30 of this title for like

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offenses.

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     SECTION 2. This act shall take effect upon passage.

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LC00326

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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

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for the handling and sale of raw milk in the state.

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     This act would take effect upon passage.

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LC00326

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