Arkansas Code Title 20. Public Health and Welfare § 20-59-248. Incidental sales of goat milk, sheep milk, and whole milk that has not been pasteurized not prohibited--Definitions

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(a) For purposes of this section:

(1) “Incidental sales of goat milk, sheep milk, and whole milk that has not been pasteurized” are those sales where the average monthly number of gallons sold does not exceed five hundred gallons (500 gals.);

(2) “Locally produced whole milk products” means whole milk that has been produced on an Arkansas farm;  and

(3)(A) “Whole milk” means the lacteal secretion obtained by the complete milking of one (1) or more healthy cows, properly fed and kept, that when offered for sale contains at least three and one-fourth percent (3.25%) of butterfat and eight and one-fourth percent (8.25%) solids not fat.

(B) “Whole milk” does not include lacteal secretion obtained within fifteen (15) days before or five (5) days after calving or a longer period if necessary to render the milk practically colostrum free.

(b) This subchapter does not prohibit incidental sales of raw goat milk, raw sheep milk, and whole milk that has not been pasteurized directly to consumers at the farm where the milk is produced or preclude the advertising of incidental sales of goat milk, sheep milk, and whole milk that has not been pasteurized.

(c) With respect to whole milk that has not been pasteurized, the seller shall:

(1) Post at the point of sale a sign that is no smaller than two feet by four feet (2′ x 4′) that includes the following information in large, clear text:

(A) The name and address of the farm with seller's contact information;  and

(B) The following statement:

“This product, sold for personal use and not for resale, is fresh whole milk that has NOT been pasteurized.  Neither this farm nor the milk sold by this farm has been inspected by the State of Arkansas.  The consumer assumes all liability for health issues that may result from the consumption of this product.”;  and

(2) Affix a label to the bottle or package that includes:

(A) The name and address of the farm;  and

(B) The following statement:

“This product, sold for personal use and not for resale, is fresh whole milk that has NOT been pasteurized.  Neither this farm nor the milk sold by this farm has been inspected by the State of Arkansas.  The consumer assumes all liability for health issues that may result from the consumption of this product.”

(d) A farmer who sells fresh whole unpasteurized milk shall permit inspection of his or her cows and barns by his or her customers upon request.

Cite this article: FindLaw.com - Arkansas Code Title 20. Public Health and Welfare § 20-59-248. Incidental sales of goat milk, sheep milk, and whole milk that has not been pasteurized not prohibited--Definitions - last updated January 01, 2020 | https://codes.findlaw.com/ar/title-20-public-health-and-welfare/ar-code-sect-20-59-248.html


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