Bill S777-2011

Authorizes the production for retail sale and the retail sale of raw, untreated milk for human consumption

Authorizes the production for retail sale and the retail sale of raw, untreated milk for human consumption.

Details

Actions

  • Jan 4, 2012: REFERRED TO AGRICULTURE
  • Jan 5, 2011: REFERRED TO AGRICULTURE

Memo

BILL NUMBER:S777

TITLE OF BILL:

An act to amend the agriculture and markets law, in relation to authorizing the production for retail sale and retail sale of raw milk

PURPOSE:

This bill allows for the production and sale of raw milk directly to consumers for off-site consumption at retail points of sale off the farm site where such milk was produced.

SUMMARY OF PROVISIONS:

This legislation creates a new section in NYS Agriculture and Markets Law which allows for the production and sale of raw milk directly to consumers for off-site consumption at retail points of sale off the farm site where such milk was produced.

The Department of Agriculture and Markets shall promulgate relations to govern the production, packaging and labeling, and transportation of raw milk for off-site consumption at retail points of sale off the farm site where such milk was produced. Appropriate signage notifying consumers of the sale of raw milk and that raw milk lacks the protection of pasteurization is to be posted all points of sale.

JUSTIFICATION:

As part of the growing consumer trend to purchase local and/or organic farm products, there has been increasing consumer demand for raw milk. This bill responds to this expanding niche market, gives New York dairy producers another outlet to sell their product and helps dairy operations grow their business. Currently, raw milk may only be purchased by consumers at the farm where such milk is produced. Under strict requirements by the Department of Agriculture and Markets, this legislation allows for the production and sale of raw milk directly to consumers for off-site consumption at retail points of sale off the farm site where such milk was produced.

LEGISLATIVE HISTORY:

2009-2010: S.2428/A/6610 Referred to Consumer Protections 2008: S.6827/A.10870 Referred to Consumer Protections

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

180 days after enactment into law, with provisions.


Text

STATE OF NEW YORK ________________________________________________________________________ 777 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________
Introduced by Sen. YOUNG -- read twice and ordered printed, and when printed to be committed to the Committee on Agriculture AN ACT to amend the agriculture and markets law, in relation to author- izing the production for retail sale and retail sale of raw milk THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The agriculture and markets law is amended by adding a new section 46-b to read as follows: S 46-B. PRODUCTION AND RETAIL SALE OF RAW MILK. 1. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER TO THE CONTRARY, THE PRODUCTION FOR RETAIL SALE AND THE RETAIL SALE OF RAW, UNTREATED MILK FOR HUMAN CONSUMPTION SHALL BE AUTHORIZED IN THIS STATE. THE PRODUCTION, PACKAGING, TRANSPOR- TATION AND SALE OF SUCH MILK SHALL BE SUBJECT TO SUCH RULES AND REGU- LATIONS AS SHALL BE DEEMED NECESSARY BY THE DEPARTMENT. A COPY OF ALL SUCH RULES AND REGULATIONS SHALL BE PROVIDED TO THE DEPARTMENT OF HEALTH FOR COMMENT PRIOR TO THE EFFECTIVE DATE THEREOF. 2. EVERY PERSON ENGAGED IN THE PRODUCTION OF RAW, UNTREATED MILK FOR HUMAN CONSUMPTION SHALL HOLD A PERMIT ISSUED BY THE COMMISSIONER. 3. ALL RAW, UNTREATED MILK FOR HUMAN CONSUMPTION PRODUCED FOR RETAIL SALE SHALL BE TRANSPORTED AND SOLD IN A BOTTLE OR SINGLE SERVICE CONTAINER MECHANICALLY FILLED AND CAPPED. 4. EVERY CONTAINER OF RAW, UNTREATED MILK FOR HUMAN CONSUMPTION SOLD AT RETAIL SHALL BE LABELED WITH A WARNING THAT SUCH MILK IS NOT PASTEU- RIZED AND SUCH ADDITIONAL WARNINGS AND SPECIFICATIONS AS THE DEPARTMENT MAY REQUIRE. 5. RAW, UNTREATED MILK FOR HUMAN CONSUMPTION SHALL BE SOLD AT RETAIL ONLY FOR CONSUMPTION OFF THE PREMISES OF THE PERSON OR BUSINESS ENGAGING IN SUCH RETAIL SALE. NO SUCH MILK SHALL BE AUTHORIZED TO BE SOLD IN A VENDING MACHINE. EVERY PERSON AND BUSINESS ENGAGED IN THE RETAIL SALE OF RAW, UNTREATED MILK FOR HUMAN CONSUMPTION SHALL CONSPICUOUSLY POST AT
THE POINT OF SALE A SIGN WHICH READS AS FOLLOWS: "NOTICE: RAW MILK SOLD HERE. RAW MILK DOES NOT PROVIDE THE PROTECTION OF PASTEURIZATION." S 2. This act shall take effect on the one hundred eightieth day after it shall have become a law. Provided that any rules and regulations necessary to implement the provisions of this act on its effective date are immediately authorized and directed to be completed on or before such date.

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