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1994 SESSION

LD4908486
HOUSE BILL NO. 1061
Offered January 25, 1994
A BILL to exempt certain on-farm sales of goat milk from any and all regulations governing the production, processing, and sale of grade "A" pasteurized milk; penalty.
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Patrons--Way, Bennett, Bloxom, Cantor, Christian, Connally, Cooper, Crouch, Darner, Dillard, Dudley, Fisher, Forbes, Giesen, Harris, Hull, Ingram, Katzen, Keating, Marshall, Martin, Mayer, McDonnell, Miller, Nelms, Plum, Purkey, Putney, Reid, Reynolds, Robinson, Stump, Van Landingham, Van Yahres, Wagner, Wardrup, Watkins and Wilkins; Senators: Bell, Benedetti, Calhoun, Chichester, Gartlan, Houck, Lambert, Marye, Miller, K.G., Quayle, Robb and Trumbo
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Referred to Committee on Agriculture
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Be it enacted by the General Assembly of Virginia:

1. § 1. Incidental sales and delivery of raw goat milk directly to consumers at the farm where the milk is produced shall be exempt from any and all regulations governing the production, processing, and sale of grade "A" pasteurized milk, provided that there is no advertisement of the milk and the herd is certified and accredited as free of brucellosis and tuberculosis. Each container shall be labeled clearly "Raw Goat Milk, not for resale" and shall identify the farm where the milk was produced and sold. The label shall also include the following specific wording: "Warning: Raw Goats' Milk, not pasteurized, may contain organisms injurious to your health. Please consult pamphlet which is provided with this container for information concerning potential health risks, and instructions on how to pasteurize milk." The Board of Agriculture and Consumer Services shall promulgate regulations regarding the form and manner of the label. Each consumer shall be given a pamphlet, to be developed by the Department of Agriculture and Consumer Services and the Department of Health, describing risks associated with consumption of raw milk and including instructions on how to pasteurize it. The development of both the label and the pamphlet shall be completed for use by July 1, 1995. For purposes of this section, "incidental sales" of goat milk are those sales where the monthly number of gallons sold does not exceed 100. Producers shall report on a quarterly basis to the Department of Agriculture and Consumer Services the number of gallons sold in the previous quarter. The report shall be filed with the Department not later than ten days after the end of the quarter. Any person violating a provision of this section may be assessed a civil penalty by the Board of Agriculture and Consumer Services in an amount not to exceed $100 per violation.

The provisions of this section shall expire on July 1, 1998.