26-2-456. Bottling, packaging, and sealing raw milk; labeling.

All Grade “A” raw milk for human consumption shall be bottled, packaged, and sealed at the same location where produced.#

All bottles, containers, and packages enclosing raw milk for human consumption shall be labeled in accordance with the applicable requirements of the Federal Food, Drug, and Cosmetic Act as amended, the Nutrition Labeling and Education Act (NLEA) of 1990 and regulations developed thereunder, the Code of Federal Regulations, and in addition shall comply with the applicable requirements of this Code section.#

All bottles, containers, and packages enclosing raw milk for human consumption shall be conspicuously marked with:#

1. (1)

   The words “Grade A Raw” on the exterior surface. Acceptable locations shall include the principal display panel, the secondary or informational panel, or the cap or cover;#

2. (2)

   The identity of the farm where packaged. This identifying information shall include the name, address, and permit number;#

3. (3)

   The following information statement, in print no smaller than 12 point font, shall be included on the package: “Warning: This is a raw milk product that is not pasteurized and may increase the risk of foodborne illness”; and#

4. (4)

   The common name of the hoofed mammal producing the milk shall precede the name of the milk when the product is made from other than cattle’s milk.#

The department shall not permit the use of any misleading marks, words, or endorsements upon the label. The department may permit the use of registered trade designs or similar terms on the bottle cap or label, when, in its opinion, they are not misleading and are not used to obscure the required labeling. Descriptive labeling terms must not be used in conjunction with the Grade “A” designation or name of the raw milk and must not be false or misleading.#