194.1 Citation of chapter.

This chapter may be cited as the "Iowa Grading Law for Milk Used for Manufacturing Purposes".

194.10 Milk purchased on basis of grade.

All purchases and deliveries of milk and cream for the manufacture of dairy products shall be made on the basis of grades and definitions set forth in this chapter.

194.11 Price differential.

All purchasers and receivers of milk for the manufacture of dairy products for human consumption shall maintain a reasonable price differential between the grades of milk as defined by the bacterial estimate tests. This price differential shall not be less than five percent of the price for grade one milk.

194.12 Milk grader.

A creamery, cheese factory, or milk processing plant must employ at least one person who is licensed as a grader of milk. A person acting as a milk hauler or a field representative shall also be licensed as a milk grader.

194.13 License.

Milk grader's licenses shall be issued by the secretary to persons who shall have passed a satisfactory examination as to their qualifications to grade milk or cream. Said license shall not be transferable.

194.14 License term--fees.

A milk grader's license, unless sooner revoked, is valid until July 1 after the date of issuance. The maximum fee for each license is ten dollars, which shall be paid before the license is issued. Fees collected under this section shall be deposited and used as required in section 192.111.

194.15 Grader's duty.

It shall be the duty of each licensed grader to comply with or to cause the plants which the grader owns, operates or in which the grader is employed, to comply with the provisions of this chapter.

194.16 Revocation or suspension.

Any license issued under this chapter may be revoked by the secretary for any violation of this chapter or for violation of any standard of sanitation prescribed by any other statute applicable to the holder of such license, but only after the holder of the license has been given reasonable notice of the intention to revoke the license and reasonable opportunity to be heard, provided, however, that when a licensee is convicted of a willful violation of any requirement of this chapter, the secretary shall summarily suspend said license for a period of thirty days and provided that upon a second such conviction the secretary shall summarily and permanently revoke such license.

194.17 Records.

Each creamery, cheese factory or milk processing plant shall maintain records of all purchases and receipts of milk from individual producers. These records must show:

1. Name of producer.

2. Date of delivery.

3. Quantity delivered.

4. Grade assigned.

194.18 Coloring unlawful milk.

A milk hauler or milk grader licensed pursuant to section 192.112 may mix a harmless coloring matter in unlawful milk as provided in section 194.9 to prevent the unlawful milk from being processed and used in any form for human consumption.

194.19 Licenses for collection vehicles--fees.

A vehicle used for the collection of milk for manufacture of dairy products shall first be licensed by the department. A license, unless earlier revoked, is valid until July 1 after the date of its issuance. The maximum fee for a license is twenty-five dollars, which shall be paid before the license is issued. A fee shall not be imposed under this section if the vehicle or its operator has paid the fee imposed upon milk haulers under section 192.111. Fees collected under this section shall be deposited and used as required in section 192.111. This section does not apply to individuals transporting their own dairy products.

By applying for the license, the applicant consents to abide by all laws set forth in this chapter and the rules and regulations which may be promulgated to implement these laws in the case of all milk obtained from Iowa producers for manufacture of dairy products.

The provisions of section 189.28 shall not apply to milk for manufacture of dairy products.

194.2 Enforcement--rules.

The secretary of agriculture shall enforce the provisions hereof, and to this end may adopt such rules and regulations as may appear necessary, but not inconsistent herewith.

The secretary may adopt by rule requirements recommended by the United States Department of Agriculture for the production and processing of milk for manufacturing purposes, including, but not limited to, requirements for the inspection and certification of grade "B" dairy farms and grade "B" dairy plants.

194.20 Inspection fees--grade "B" milk.

A purchaser of milk from a grade "B" milk producer shall pay an inspection fee not greater than one-half cent per hundredweight. The fee is payable monthly to the department at a time prescribed by the department. Fees collected under this section shall be deposited and used as required in section 192.111.

194.21 Bulk tanks on farms for milk.

Any producer using a bulk tank for cooling and storage of milk to be used for manufacturing purposes shall have an enclosed milk room which shall conform to the standards provided by this section. The floor shall be constructed of concrete or other impervious material, maintained in good repair, and graded to provide proper drainage. The walls and ceilings of the room shall be sealed and constructed of smooth easily cleaned material. All windows shall be screened and doors shall be self-closing. It shall be well ventilated and must meet the following requirements:

1. The bulk tank shall not be located over a drain or under a ventilator.

2. The hose port shall be located in an exterior wall and fitted with a tight self-closing door.

3. A two hundred twenty volt lock type electrical connection with ground and weatherproof type receptacle and switchbox shall be provided near the hose port.

4. Each milk room shall have an adequate supply of water readily accessible with facilities for heating the water, to insure the cleaning and sanitizing of the bulk tank, utensils and equipment and the keeping of the milk room clean.

5. No lights shall be placed directly over the bulk tank.

6. The bulk tank shall be properly located in the milk room for easy access to all areas for cleaning and servicing.

7. The enforcement of this section shall be administered by the department of agriculture and land stewardship.

8. Any person violating any provisions of this section shall be guilty of a simple misdemeanor.

194.22 through 194.24

Reserved.

194.25 Penalty.

Any person who, in person or by an agent or employee, willfully violates any requirement of this chapter shall be guilty of a simple misdemeanor.

194.3 Definitions.

For the purpose of this chapter:

1. "Milk processing plant" means an establishment to which milk of diverse producers is delivered where said products are manufactured into butter, cheese, dry milk or other dairy products for commercial purposes.

2. "Milk used for manufacturing purposes" means milk or milk products manufactured into butter, cheese, ungraded dry milk, or other dairy products except milk and milk products as defined in the Grade "A" Pasteurized Milk Ordinance provided in section 192.102.

3. "Organoleptic examination or grading of milk" means examination by the senses of sight, smell and taste.

4. "Person" includes individuals, partnerships, corporations, and associations.

194.4 Physical characteristics.

All milk received at a creamery, cheese factory, or milk-processing plant shall be examined for physical characteristics, off-flavors and off-odors, including those associated with developed acidity. The condition of the raw milk shall be wholesome and characteristic of normal milk. The flavor and odor of the raw milk shall be fresh and sweet; however, slight feed flavors may be present.

Any raw milk that shows an abnormal condition including, but not limited to, curdled, ropy, clotted and bloody, or that contains extraneous matter or which shows significant bacterial deterioration, or which contains matter evidencing production from a mastitic cow; or which contains chemicals, medicines, or radioactive agents deleterious to health is unlawful milk and shall be rejected to the producer, seller, or shipper and shall not be used in the processing or manufacturing of dairy products for human consumption.

At least once within each thirty days a test shall be made of a producer's milk to determine the existence of evidence of production from mastitic cows. The secretary shall determine and adopt the standards and methods of testing the milk for this purpose. The secretary shall be guided by recommendations or regulations established by federal agencies regulating this field.

194.5 Frequency of tests.

A test shall be made on the first purchase of milk from a new producer and at least once within each thirty-day interval thereafter. One lot of milk from each producer shall be selected at random and tested for extraneous matter by an appropriate method. The secretary shall determine and promulgate the standards and methods of testing the milk for extraneous matter. The method and standards shall be no less strict than those recommended by the agricultural marketing service, U.S. department of agriculture.

194.6 Bacterial test.

At least once every thirty days an estimate of the bacterial quality shall be made of each producer's milk by use of a standard plate count or an equivalent plate counting procedure in an officially designated laboratory.

For the purpose of quality improvement and payment, the following classifications of milk for bacterial estimate are applicable:

 
 

Bacterial Estimate  Standard Plate Count                                                                                   

Classification      or Equivalent                                                                                              
                                                                                                                             

Class 1            Not over 100,000                                                                                                                            per Milliliter                                                                                                              

Class 2            Not over 300,000                                                                                                                            per Milliliter                                                                                                              

Undergrade          Over 300,000                                                                                                                             per Milliliter 

194.7 Acceptable milk.

Milk acceptable from the standpoint of organoleptic examination, containing no excessive extraneous matter and complying with class 1 or 2 for bacterial estimate shall be acceptable for use in the processing and manufacturing of dairy products for human consumption.

194.8 Unacceptable milk.

Milk acceptable from the standpoint of organoleptic examination, containing no excessive extraneous matter and classified in excess of three hundred thousand for bacterial estimate, may be used in the processing and manufacturing of dairy products for human consumption for a period of seven consecutive days.

After a week another quality test must be performed on the producer's milk. If two of the last four consecutive bacterial counts exceed the class 2 standard, the department shall deliver, or require the purchaser to deliver, a written notice to the producer. An additional sample shall be taken at least three days after taking the previous sample, but within twenty-one days following delivery of the notice. The department shall immediately suspend the permit of the producer or immediately institute legal proceedings to restrain production if the class 2 standard is violated according to three of the last five bacterial counts.

194.9 Unlawful milk.

Milk, which from the standpoint of organoleptic examination is not acceptable, or which contains excessive extraneous matter or which by three out of five bacterial estimate tests is classified in excess of three hundred thousand, or which contains material evidencing production from a mastitic cow, or which contains chemicals, medicines, or radioactive agents deleterious to health, is unlawful for the manufacture of dairy products for human consumption.