Senate Resolution #247 (2017)

SENATE RESOLUTION CREATING A SPECIAL LEGISLATIVE COMMISSION TO STUDY RAW MILK REGULATIONS

Creates a 9 member commission to be known as the "Commission to Study Raw Milk Regulations" and whose purpose would be to review all raw milk regulations and make recommendations and who would report back by January 2, 2018, and expire on March 2, 2018.

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Changes since original draft

  • 2017 – S 0247
  • 2017 – S 0247 SUBSTITUTE A
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  • LC001077
  • LC001077/SUB A
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  • S TATE OF RHODE IS L AND
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2017
  • ____________
  • A N A C T
  • RELATING TO FOOD AND DRUGS - RAW MILK
  • S T A T E O F R H O D E I S L A N D
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2017
  • ____________
  • S E N A T E R E S O L U T I O N
  • CREATING A SPECIAL LEGISLATIVE COMMISSION TO STUDY RAW MILK
  • REGULATIONS
  • Introduced By: Senators Kettle, P Fogarty, Sosnowski, Morgan, and Archambault
  • Date Introduced: February 15, 2017
  • Referred To: Senate Environment & Agriculture
  • It is enacted by the GeneralAssembly 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 shallbe 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 pursuant to 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 shallnot 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 shalltake effect upon passage.
  • WHEREAS, Milk is recognized to be one of the most perfect foods afforded by nature. It is unique in that its consumption in adequate quantities is essential to the nutritional well-being of the individual; and
  • WHEREAS, If milk's production and distribution are not properly safeguarded, it may be instrumental in the transmission of diseases that are infectious to people; and
  • WHEREAS, For the protection of the health and welfare of our citizens, it is the policy of the State of Rhode Island that the environmental conditions surrounding the production, handling, transportation, distribution, and sale of milk and milk products shall be to protect the public health and to provide consumers with products that are identified in such a way as to promote honesty and fair dealing in the best interests of the consumers; and
  • WHEREAS, There is growing demand from organic food consumers for raw or unpasteurized milk as a result of claims that it is more nutritious and healthful than pasteurized milk; and
  • WHEREAS, Rhode Island dairy farmers and consumers could benefit by meeting this demand, if raw milk production, marketing, sales, and production can be regulated in such a method as to preserve public health; and
  • WHEREAS, The Rhode Island Department of Health regulates the availability and use of raw milk in the state; now, therefore be it
  • RESOLVED, That a special legislative commission to be known as the "Commission to Study Raw Milk Regulations" be and the same is hereby created consisting of nine (9) members: one of whom shall be a member of the Senate, who shall serve as the chairperson of the commission, to be appointed by the President of the Senate; one of whom shall be a representative of the Department of Health, to be appointed by the President of the Senate; one of whom shall be a representative of the Department of Environmental Management's Division of Agriculture, to be appointed by the President of the Senate; one of whom shall be a representative of the Rhode Island Farm Bureau, to be appointed by the President of the Senate; two (2) of whom shall be dairy farmers, to be appointed by the President of the Senate; one of whom shall be a licensed medical doctor with expertise in food borne infectious diseases, to be appointed by the President of the Senate; one of whom shall be a representative of organic food consumers, to be appointed by the President of the Senate; and one of whom shall be a representative of the organic food sellers, to be appointed by the President of the Senate.
  • The purpose of said commission shall be to review all raw milk regulations and make recommendations to update and strengthen the governance of the availability and consumption of raw milk in Rhode Island.
  • Forthwith upon passage of this resolution, the members of the commission shall meet at the call of the Chairperson of the commission.
  • Vacancies in said commission shall be filled in like manner as the original appointment.
  • The commission shall assemble no less than three (3) times, or more often at the call of the Chairperson, upon written notice of each meeting stating the place, day, and time of the meeting along with the purpose and/or agenda of the meeting.
  • A quorum of the Commission shall consist of a majority of its membership and the membership shall receive no compensation for their services.
  • All departments and agencies of the state shall furnish such advice and information, documentary and otherwise, to said commission and its agents as is deemed necessary or desirable by the commission to facilitate the purposes of this resolution; and be it further
  • RESOLVED, That the commission shall report its findings and recommendations to the President of the Senate no later than January 2, 2018, and said commission shall expire on March 2, 2018.
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  • LC001077
  • LC001077/SUB A
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  • LC001077 - Page 2of 3
  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • RELATING TO FOOD AND DRUGS - RAW MILK
  • ***
  • 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. ======== LC001077 ========
  • LC001077 - Page 3of 3
  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • S E N A T E R E S O L U T I O N
  • CREATING A SPECIAL LEGISLATIVE COMMISSION TO STUDY RAW MILK
  • REGULATIONS
  • ***
  • This resolution would create a nine (9) member special legislative study commission to be known as the "Commission to Study Raw Milk Regulations" and whose purpose it would be to review all raw milk regulations and make recommendations, and who would report back to the Senate President no later than January 2, 2018, and whose life would expire on March 2, 2018. ======== LC001077/SUB A ========

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