First Regular Session
              Sixty-fifth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 05-0485.01 Karen Woods          SENATE BILL 05-055
                   SENATE SPONSORSHIP
 Johnson,  and Isgar
 
                    HOUSE SPONSORSHIP
 Hodge,  Larson, Lundberg, and Plant
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Senate Committees
 House Committees
 
 
 Agriculture, Natural Resources & Energy
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning limited distribution of raw milk to consumers
            who have a consensual or contractual relationship
            with producers.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not necessarily reflect any amendments that may be subsequently
       adopted.)
       
            Allows a consumer with a consensual or contractual relationship
       with a farmer or dairyperson or an ownership interest in the cow, goat, or
       herd providing the milk to obtain raw milk from the farmer or
       dairyperson.
            Requires that the raw milk be identified when delivered to the
       consumer or that a label be affixed to the milk container.  Requires a farm
       or dairy to provide the consumer with a description of the standards used
       by the farm or dairy with respect to herd health.
            Requires that a farm or dairy that produces raw milk register with
       the Colorado department of agriculture.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  Part 1 of article 5.5 of title 25, Colorado Revised
       Statutes, is amended BY THE ADDITION OF A NEW SECTION to
       read:
            25-5.5-117.  Raw milk.  (1)  The acquisition of raw milk from
       cows or goats by a consumer for use or consumption by the
       consumer shall not be prohibited if all of the following
       conditions are met:
            (a)  The milk is obtained by the consumer or an agent of
       the consumer directly from, or at, a farm or dairy registered
       with the Colorado department of agriculture;
            (b)  The milk is obtained pursuant to:
            (I)  A written consensual or contractual relationship
       between the farmer or dairyperson and the consumer; or
            (II)  The consumer's ownership interest in the cow, goat, or
       herd from which the milk is obtained;
            (c)  A prominent statement that the milk is not pasteurized
       is delivered to the consumer with the milk or is displayed on a
       label affixed to the milk container; and
            (d)  Information describing the standards used by the farm
       or dairy with respect to herd health, and in the production of
       milk from the herd, is provided to the consumer by the farm or
       dairy together with results of tests performed on the cows or
       goats that produced the milk, tests performed on the milk, and
       an explanation of the tests and test results.
            (2)  Registration of a farm or dairy pursuant to paragraph
       (a) of subsection (1) of this section shall be accomplished by
       delivering to the Colorado department of agriculture a
       written statement containing:
            (I)  The name of the farmer, dairyperson, farm, or dairy;
            (II)  A valid, current address of the farmer, dairyperson,
       farm, or dairy; and
            (III)  A statement that raw milk is being produced at the
       farm or dairy.
            (3)  Colorado state university may establish advisory
       standards as it shall determine are appropriate for the
       production of raw milk, which standards shall be made
       available to consumers by the farmer, dairyperson, farm, or
       dairy upon request from the consumer.  If Colorado state
       university establishes advisory standards, such standards
       shall not be construed as an endorsement of raw milk. 
       Colorado state university shall not be liable if a person
       contracts any illness as a result of consuming raw milk.
            (4)  No person who, as a consumer, obtains raw milk in
       accordance with this section shall be entitled to sell or
       redistribute the milk; except that a person designated by a
       consumer to obtain the milk for the consumer may deliver the
       milk to the consumer.
            (5)  No producer of raw milk shall advertise the
       availability of raw milk from the producer in any generally
       circulated media.  No producer of raw milk shall publish any
       statement that disparages pasteurized milk.
            SECTION 2.  Safety clause.  The general assembly hereby finds,
       determines, and declares that this act is necessary for the immediate
       preservation of the public peace, health, and safety.