SB 962 — Herd shares; written shared herd ownership agreements, requirements, penalty.

SESSION history | hilite | pdf | print version 18105531D18106566D SENATE BILL NO.

962 OfferedAMENDMENT JanuaryIN 19,THE 2018NATURE OF A SUBSTITUTE (Proposed by the Senate Committee on Agriculture, Conservation and Natural Resources on February 1, 2018) (Patron Prior to Substitute--Senator Obenshain) A BILL to amend the Code of Virginia by adding in Chapter 52 of Title 3.2 an article numbered 5, consisting of sections numbered 3.2-5234 through 3.2-5238, relating to herd shares;

civil penalty.

---------- Patron-- Obenshain ---------- Referred to Committee on Agriculture, Conservation and Natural Resources ---------- Be it enacted by the General Assembly of Virginia:

Assumes joint liability associated with the milking herd and any milk produced by such herd and stored, or packaged, at the farm;

4.

5.and 4.

AcknowledgesShall thenot inherentsell dangersor ofresell consumingunpasteurized milk or products made from unpasteurized milk obtained from a herd share to any person that mayis containnot bacteria,a suchparty asto Brucella,the Campylobacter,written Listeria,shared Salmonella,herd andownership E.agreement.

coli;

that has not been pasteurized to remove bacteria;

and that is particularly dangerous to children, pregnant women, and those with compromised immunity;

and 6.

Agrees not to distribute or deliver milk to any person that is not a party to the written shared herd ownership agreement.

The sale, resale, or redistribution of unpasteurized milk or products made from unpasteurized milk obtained from a herd share is strictly prohibited.

Any herd seller thatwho is a party to a written shared herd ownership agreement shall have a signed and executed agreement prior to delivering to the responsible party any share of milk required by the agreement.

Upon request of any state agency, such agreement shall be made available to the agency within 48 hours of the request being made.

Any herd seller thatwho is a party to a written shared herd ownership agreement shall meet the following animal health requirements for milk-producing animals:

Unpasteurized milk from milk-producing animals intended for consumption shall be from a herd that tested negative within the previous 12 months for brucellosis and tuberculosis.

UponAny receiptherd ofseller awho reportbecomes aware of suspectedan illness directly related to consumptionconsuming of unpasteurized milk provided pursuant to a written shared herd ownership agreement,agreement the State Health Commissioner or his designee shall conductreport anthe investigation,illness andto the DepartmentState ofHealth AgricultureCommissioner andor Consumerhis Servicesdesignee. shall provide assistance upon request.

Upon receipt of a report of suspected illness related to consumption of unpasteurized milk provided pursuant to a written shared herd ownership agreement, such written shared herd ownership agreement shall be made available to the Department of Health, upon request of the State Health Commissioner within 48 hours of the request being made, and the State Health Commissioner or his designee shall conduct an investigation, and the Department of Agriculture and Consumer Services shall provide assistance upon request.

Any milk produced under a written shared herd ownership agreement and intended for consumption shall be packaged in a container labeled with the name, address, and contactphone informationnumber of the herd seller.

Such package shall include a consumer advisory indicating that the dangerproduct ofcontains consuming unpasteurized animal-derivedmilk foodsand thatis have not beenfor processedresale. to remove pathogens.

PenaltyCivil forpenalty. violation.

Any violationperson ofwho orfails failure to comply with the provisions of this article is subject to a Classcivil 1penalty misdemeanor.of $100.

Such penalty shall be collected by the State Health Commissioner, and the proceeds shall be deposited into the general fund of the state treasury.

2.

That the provisions of this act shall become effective on January 1, 2019.