3-606. Sale of milk, milk products, raw milk and raw milk products; regulation

A. All milk and milk products, including cottage cheese, as defined in the federal milk ordinance, sold to the final consumer, restaurants, soda fountains, grocery stores or similar establishments shall be grade A pasteurized or certified pasteurized milk and milk products. No other milk or milk products may be sold to the final consumer, restaurants, soda fountains, grocery stores or similar establishments except:

1. Grade A raw or certified raw milk and cream only when produced and bottled or produced, manufactured and placed in containers for final sale within this state.

2. Cottage cheese, buttermilk, butter, kefir and other cheeses made from grade A raw or certified raw milk.

3. Manufactured milk products made from manufacturing milk.

B. Any raw milk, raw cream or raw milk products authorized under subsection A shall meet the same health and sanitation standards provided for in this chapter for similar grade A pasteurized milk and milk products.

C. Raw milk or cream or cottage cheese, butter, buttermilk, kefir or cheeses made from raw milk or cream shall be displayed for sale separately from and shall not be commingled with pasteurized dairy products. The display shall be prominently marked " raw milk" or " raw milk products" . The principal display panel of the label on a raw milk product shall prominently state " raw milk product" . The principal display panel of the label on raw milk shall prominently state " raw milk: not pasteurized and may contain organisms injurious to your health." In each case the label statement shall appear in conspicuous and easily legible bold-faced print or type in distinct contrast to other matter on the package. The label statement shall appear as a distinct item on the principal display panel, shall be separated by a space at least equal to the height of the lettering used in the statement from other printed label information appearing above or below the statement and by a space at least equal to twice the width of the letter " N" of the type style used in the statement from other printed label information appearing to the left or right of the statement. The statement shall be in letters in a type size established in relationship to the area of the principal display panel of the package and shall be uniform for all packages of substantially the same size by complying with the following type specifications:

1. Not less than one-eighth inch in height on packages the principal display panel of which has an area of twenty-five square inches or less.

2. Not less than three-sixteenths inch in height on packages the principal display panel of which has an area of more than twenty-five but not more than one hundred square inches.

3. Not less than one-fourth inch in height on packages the principal display panel of which has an area of more than one hundred square inches but not more than four hundred square inches.

4. Not less than one-half inch in height on packages the principal display panel of which has an area of more than four hundred square inches.

D. Raw milk products authorized under the provisions of subsection A may be produced outside this state and sold in this state and may be manufactured and placed in containers for final sale on premises other than those where the milk is produced.

E. Raw milk and raw milk products authorized under subsection A may not be sold or used by restaurants, soda fountains or other similar establishments.