Nevada 2019 Regular Session Status: In Committee 1 D cosponsors

SB 418 — Revises provisions governing the distribution and sale of raw milk. (BDR 51-1073)

Last action — (Pursuant to Joint Standing Rule No. 14.3.3, no further action allowed.)

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

AN ACT relating to dairy products; requiring an owner or operator of a food establishment in which certified raw milk and products are sold to ensure proper storage and post certain health warnings; revising requirements for the labeling of and warning regarding certified raw milk; removing certain qualifications required for a person to serve as a member of a county milk commission; requiring each county milk commission to adopt certain regulations governing the production, distribution and sale of certified raw milk; providing that raw milk certified by the county milk commission of the county in which it was produced may be sold anywhere in this State; removing certain limitations of the sale or dispensing of raw milk; providing an exemption from certain requirements relating to raw milk for certain owners of dairy cows, sheep or goats; and providing other matters properly relating thereto.

Bill Text

What changed in the latest version

218 added · 196 removed

218 line(s) added, 196 removed.

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REQUIRES TWO-THIRDS MAJORITY VOTE (§ 2) S.B.
(Reprinted with amendments adopted on April 22, 2019) FIRST REPRINT S.B.
EffEffect on the State:
Effect on Local Government:
Yes.No.
No.
Effect on the State:
Yes.
abolishing the county milk commission of each county in which a county milk commission has been appointed;
requiring an owner or operator of a food establishment in which certified raw milk and products are sold to ensure proper storage and post certain health warnings;
transferring the powers and duties of each county milk commission to the Director of the State Department of Agriculture;
revising requirements for the labeling of and warning regarding certified raw milk;
requiring the Director to adopt certain regulations governing the production, distribution and sale of certified raw milk;
removing certain qualifications required for a person to serve as a member of a county milk commission;
providing that raw milk certified by the Director may be sold anywhere in this State;
requiring each county milk commission to adopt certain regulations governing the production, distribution and sale of certified raw milk;
providing that raw milk certified by the county milk commission of the county in which it was produced may be sold anywhere in this State;
removing certain limitations of the sale or dispensing of raw milk;
providing an exemption from certain requirements relating to raw milk for certain owners of dairy cows, sheep or goats;
in which certified raw milk and products made from it are sold to ensure that:
(1)t the certified raw milk and products made from it are stored in a separate refrigerator at the food establishment;
and (2) certain health warnings concerning the consumption of raw milk are posted in the food establishment.
Section 1.5 also sets forth the requirements for the labeling of and warning regarding certified raw of raw milk.
Section 3.5 also exempts certain owners of dairy cows, sheep or goatsng - *SB418_R1* – 2 – Section 3.5 allows the sale of any raw milk obtained from those animals only if the raw milk is sold directly to a consumer at the premises where the raw milk is produced.
(NRS 584.207, 584.208) Sections 1-3 of this bill abolish the county milk commission in each county in which a county milk commission has been appointed and transfer the powers and duties of each county milk commission to the Director of the State Department of Agriculture.
(NRS 584.207, 584.208) Section 2 of this bill removes certain qualifications that are required for a person to serve as a member of a county milk commission.
Section 2 of this bill requires, rather than authorizes, the Director to adopt regulations to establish certain regular inspections and analyses and to adopt certain regulations.
Section 2 also requires a county milk commission to adopt certain regulations.
Such regulationsts, must include, without limitation, requirements for the labeling of certified raw milk, procedures for daily testing and requirements that an applicant for certification maintain liability insurance in a specified amount to insure against any potential adverse effect on human health that may result from the consumption of raw milk produced by the applicant.
Such regulations must include, without limitation, requirements for the labeling of certified raw milk, procedures for testing and specified amount to insure against any potential adverse effect on human health that may result from the consumption of raw milk produced by the applicant.
Section 3 of this bill provides that certified raw milk and products made from it may be sold anywhere in this State if the milk - *SB418* – 2 – has been:
Section 3 of this bill provides that certified raw milk and products made from it may be sold anywhere in this State if the milk has been:
and (2) certified by the Director.
and (2) certified by the county milk commission.
Sections 4 and 5 of this bill provide for the orderly transition of the powers and duties of each county milk commission to the Director.
NRS 584.205 is hereby amended to read as follows:
(Deleted by amendment.) Sec.
584.205 1.
1.5.
In addition to the initial inspection of new applicants, the Director shall, except as otherwise provided in subsection 2, direct a periodic inspection, not less than annually, of all facilities belonging to permittees to ascertain whether the services, facilities and equipment continue to comply with the regulations referred to in NRS 584.195.
Chapter 584 of NRS is hereby amended by adding thereto a new section to read as follows:
1.
Each owner or operator of a food establishment in which certified raw milk and products made from it are sold shall:
(a) Ensure that the certified raw milk and products made from it are stored in a commercial grade refrigerator which is separate from any other refrigerator used to store dairy products, food or beverages at the food establishment;
and (b) Post at least one sign within 5 feet of the separate refrigerator required pursuant to paragraph (a) and in a location conspicuous to the patrons of the food establishment.
Each sign must be not less than 8 1/2 inches by 11 inches in size, must set forth a notice in boldface type that is clearly legible and must be in substantially the following form:
HEALTH WARNING:
There are health risks associated with the consumption of raw milk.
According to the Centers for Disease Control and Prevention, the consumption of raw milk is 150 times more likely to cause food-borne illness than pasteurized milk.
Except as otherwise provided in NRS 584.208 and the regulations adopted pursuant to that section, milk and milk products, including certified raw milk and products made from it, imported from outside the State of Nevada may be sold in this state without inspection by the Director if the requirements of paragraph (a) or (b) are met:
The letters in the words “HEALTH WARNING” in each sign posted pursuant to subsection 1 must be written in not less - *SB418_R1* – 3 – than 40-point type and the letters in all other words in the sign must be written in not less than 30-point type.
(a) The milk and milk products have been produced, pasteurized, processed, transported and inspected under statutes or regulations substantially equivalent to the Nevada milk and milk products statutes and regulations.
(b) The milk and milk products have been awarded an acceptable milk sanitation, compliance and enforcement rating by a state milk sanitation rating officer certified by the United States Public Health Service.
Whenever the Director has reasonable grounds to believe that a seller of milk or milk products, including certified raw milk and products made from it, is violating any of the regulations adopted by the Director [or any county milk commission] relating to the sanitation and grading of milk and milk products, including certified raw milk and products made from it, or that the seller’s facilities or products fail to meet the regulations, or that the seller’s operation is in any other manner not in the best interests of the people of this state, the Director may conduct a reasonable inspection, and if any violation or other condition inimical to the best interests of the people of this state is found, to take corrective action pursuant to NRS 584.180 to 584.211, inclusive.
In addition to any requirement for the labeling of certified raw milk adopted pursuant to NRS 584.207, the text used on all labeling must be printed in at least 8-point font and not in italics.
Each label must include a notice in substantially the following form:
9 WARNING:
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Certified raw milk and products made from it may contain disease-causing microorganisms.
The persons who are at the highest risk of disease from those microorganisms include newborn infants, elderly persons, pregnant women, persons taking corticosteroids, antibiotics or antacids and persons suffering from chronic illnesses or other conditions that weaken the immunity of those persons to diseases.
4.
As used in this section, “food establishment” has the meaning ascribed to it in NRS 446.020.
Certified raw milk is unpasteurized, marketed milk which conforms to the regulations and standards adopted by the [county milk commission] Director for the production and - *SB418* – 3 – distribution of certified raw milk and certified raw milk products .
Certified raw milk is unpasteurized, marketed milk which conforms to the regulations and standards adopted by the county milk commission for the production and distribution of which they are produced.ertified raw milk products in the county in 2.
[in the county in which they are produced.] 2.
In each county in which certified raw milk or certified raw county milk commission to regulate the production and distribution of those products.
[In each county in which certified raw milk or certified raw milk products are produced for public consumption, there must be a county milk commission to regulate the production and distribution of those products.
The members must all be residents of the county and have the following respective qualifications:
[The members must all be residents of the county and have the following respective qualifications:
and (c) One member must be a representative of the public at large.
and (c) One member must be a representative of the public at large.] 3.
3.
(b)] The Director shall:
(b) Adopt written regulations, which must be approved by the Director, governing the production, distribution and sale in the - *SB418_R1* – 4 – county of certified raw milk and products made from it, to protect the public health and safety and the integrity of the product.
(a) Adopt written regulations [, which must be approved by the Director,] governing the production, distribution and sale [in the county] of certified raw milk and products made from it, to protect the public health and safety and the integrity of the product.
(2) Procedures for the daily testing required pursuant to paragraph (d);
(1) Requirements for the labeling of certified raw milk;
(3) Requirements that an applicant for certification maintain liability insurance in a specified amount to insure against any potential adverse effect on human health that may result from the consumption of raw milk produced by the applicant;
(2) Procedures for any testing required pursuant to paragraph (b) of subsection 4;
and (4) Any fees and charges as are reasonably necessary to defray the costs and expenses incurred by the Director in the performance of his or her duties under this section.
and (3) Requirements that an applicant for certification maintain liability insurance in a specified amount to insure against any potential adverse effect on human health that may result from the consumption of raw milk produced by the applicant.
[(c)] (b) Certify raw milk and the products thereof for any applicant producing raw milk , [within the county,] whose product and methods of production, distribution and sale comply with the regulations and standards adopted by the [county milk commission.
(c) Certify raw milk and the products thereof for any applicant producing raw milk, within the county, whose product and methods of production, distribution and sale comply with the regulations and standards adopted by the county milk commission.
(a) Establish and collect such] Director.
(a) Establish and collect such fees and charges as appear reasonably necessary to defray the costs and expenses incurred by it in the performance of its duties under this section, and expend any money so collected as is necessary for such performance.
(c) Collect any fees [and] or charges [as appear reasonably necessary to defray the costs and expenses incurred by it in the - *SB418* – 4 – performance of its duties under this section,] imposed in accordance with the regulations adopted pursuant to paragraph (a) and expend any money so collected as is necessary for [such performance.
(b) Conduct such tests, inspections and analyses as are necessary to enable it to perform its duties under this section and employ such personnel and equipment as it deems necessary therefor.
(b) Conduct] the performance of his or her duties under this section.
5.
(d) Require such daily tests, regular inspections and analyses as are necessary to enable [it] the Director to perform [its] his or her duties under this section and employ such personnel and equipment as [it] he or she deems necessary therefor.
Each applicant for certification must, as a condition for entertaining his or her application and as a condition for any certification granted, submit for testing by the county milk commission such samples as the county milk commission requests, and allow inspections by the county milk commission or its agents at any reasonable times, of any or all of the facilities, equipment, herds or other property employed in the applicant’s dairy operations, including, without limitation, all of the applicant’s books and records relating thereto.
[5.] 3.
Each applicant for certification must, as a condition for entertaining his or her application and as a condition for any certification granted, submit for testing by the [county milk commission] Director such samples as [the county milk commission] he or she requests, and allow inspections by [the county milk commission or its agents] him or her at any reasonable times, of any or all of the facilities, equipment, herds or other property employed in the applicant’s dairy operations, including, without limitation, all of the applicant’s books and records relating thereto.
(a) Cooled to 45 degrees Fahrenheit or less immediately after being drawn from the cow or goat and maintained at or below that temperature until it is delivered to the consumer, at which time it more than 10,000 bacteria per milliliter;
(a) Cooled to 45 degrees Fahrenheit or less immediately after being drawn from the cow or goat and maintained at or below that temperature until it is delivered to the consumer, at which time it may not contain more than 10 coliform bacteria per milliliter or more than 10,000 bacteria per milliliter;
anda per milliliter or (b) Certified by the [county milk commission of the county in which it was produced.] Director.
and (b) Certified by the county milk commission of the county in which it was produced.
No person may come in contact with or be near raw milk before it is sold to the consumer unless the person maintains scrupulous cleanliness and is not afflicted with any communicable disease or in a condition to disseminate any disease which can be transmitted by milk.
No person may come in contact with or be near raw milk before it is sold to the consumer unless the person maintains scrupulous cleanliness and is not afflicted with any communicable - *SB418_R1* – 5 – disease or in a condition to disseminate any disease which can be transmitted by milk.
- *SB418* – 5 – (c) Examinations of all persons who come in contact with raw milk before it is sold to a consumer.
(c) Examinations of all persons who come in contact with raw milk before it is sold to a consumer.
4.
3.5.
1.
NRS 584.209 is hereby amended to read as follows:
Any regulation or standard adopted by a county milk commission pursuant to NRS 584.207 remains in force until amended or repealed by the Director of the State Department of Agriculture.
584.209 [1.
In addition to the] The provisions of NRS 584.205, 584.207, 584.208 [,] and section 1.5 of this act, and any regulations or standards adopted pursuant thereto, do not apply to a person owning not more than a monthly average of five lactating dairy cows that have calved at least once, ten sheep that have lactated at least once or ten goats that have lactated at least once, dispensed:w milk obtained from those animals may be sold [or (a) Solely to a hauler of milk or to a processing facility which is per(b) Only] only if the raw milk is [labeled “FOR ANIMAL FOOD - NOT FOR HUMAN CONSUMPTION” in letters at least 3 inches high on each container of the raw milk and only if the raw milk is altered with an approved denaturant consisting of:
(1) Finely powdered charcoal;
(2) FD&C Blue No.
1, FD&C Blue No.
2 or Ultramarine Blue;
or (3) FD&C Green No.
3, FD&C Red No.
3 or FD&C Red No.
40.
Any contract or other agreement entered into by a county milk commission is binding upon the Director of the State Department of Agriculture and may be enforced by him or her.
The Director may impound and dispose of any adulterated milk or milk product or misbranded milk or milk product in any manner prescribed by the Director.
Any action taken by a county milk commission remains in effect as if taken by the Director of the State Department of Agriculture.
As used in this section:
(a) “Adulterated milk or milk product” means any milk or milk product for which one or more of the conditions prescribed in 21 U.S.C.
§ 342 exist.
(b) “Misbranded milk or milk product” means any milk or milk product:
- *SB418_R1* – 6 – (1) That is packaged in a container which displays or is accompanied by any false or misleading written, printed or graphic matter;
or (2) For which one or more of the conditions prescribed in 21 U.S(c) “Sold or dispensed” means any transaction involving the transfer or dispensing of raw milk by barter or contractual agreement or in exchange for any form of compensation, including, but not limited to, the sale of shares or interests in a cow, goat or other lactating mammal or herd.] sold directly to a consumer at the premises where the raw milk is produced.
5.
1.
Notwithstanding any other provision of law to the contrary, the Director of the State Department of Agriculture shall be deemed to be the successor of each county milk commission appointed pursuant to NRS 584.207.
2.
The current term of membership of any person who, on June 30, 2019, is a member or chair of a county milk commission appointed pursuant to NRS 584.207 expires on July 1, 2019.
3.
Any certificate or permit issued by a county milk commission remains valid for the period for which the certificate or permit was issued, if the holder of the certificate or permit otherwise remains qualified to hold the certificate or permit during that period.
Any certified raw milk or product made from it which is certified by the county milk commission of the county in which it was produced before July 1, 2019, shall be deemed to be certified by the Director of the State Department of Agriculture on or after that date, unless otherwise provided by the Director.
(Deleted by amendment.) Sec.
Sec.
5.
(Deleted by amendment.) Sec.
This act becomes effective:
This act becomes effective upon passage and approval.
1.
H - *SB418_R1*
Upon passage and approval for purposes of adopting regulations and any other preparatory administrative tasks that are necessary to carry out the provisions of this act;
and 2.
On July 1, 2019, for all other purposes.
H - *SB418*
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Amendments

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Action History

  1. (Pursuant to Joint Standing Rule No. 14.3.3, no further action allowed.)

  2. In Assembly. Read first time. Referred to Committee on Health and Human Services. To committee.

  3. From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 16, Nays: 5.) To Assembly.

  4. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 358.) To printer.

  5. Notice of eligibility for exemption.

  6. From printer. To committee.

  7. Read first time. Referred to Committee on Health and Human Services. To printer.

Sponsors

Sponsorship breakdown

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2 sponsors · 0 co-sponsors · 65 not signed on

Sponsors (2)

Co-sponsors (0)

None.

Not signed on (65)

65 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety agriculture
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Frequently asked questions

What does SB 418 do?
AN ACT relating to dairy products; requiring an owner or operator of a food establishment in which certified raw milk and products are sold to ensure proper storage and post certain health warnings; revising requirements for the labeling of and warning regarding certified raw milk; removing certain qualifications required for a person to serve as a member of a county milk commission; requiring each county milk commission to adopt certain regulations governing the production, distribution and sale of certified raw milk; providing that raw milk certified by the county milk commission of the county in which it was produced may be sold anywhere in this State; removing certain limitations of the sale or dispensing of raw milk; providing an exemption from certain requirements relating to raw milk for certain owners of dairy cows, sheep or goats; and providing other matters properly relating thereto.
Who sponsors SB 418?
SB 418 is sponsored by Senator David Parks and Ohrenschall, James (Democratic).
What is the current status of SB 418?
This bill died with 2019 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 418?
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