Page 83 - Spring2013

RAW MILK UPDATES
by Pete Kennedy, Esq.

STATE RAW MILK BILLS
It’s been a busy session for raw milk in the state legislatures. So far, bills have been introduced in fifteen states with all
but one either expanding or legalizing raw milk sales. In addition to the states listed below, raw milk proponents will be
introducing a bill in the Wisconsin legislature as well. Here is a state-by-state rundown on the raw milk legislation so far.

ARKANSAS
House Bill 1536 would allow farmers to sell an “average monthly number” of up to five hundred gallons of raw milk
directly to consumers at the farm where the milk is produced. Current law allows sales of an “average monthly num-
ber” of no more than one hundred gallons per month of raw goat milk only. HB 1536 gives the State Board of Health
the power to make rules on random inspection of farms where raw milk is produced, label warnings that the milk has
not been pasteurized, and signs at the producer’s farm warning the same. HB 1536 provides that “the board shall not
adopt a rule regarding whole milk that has not been pasteurized that is more stringent than rules adopted for other milk
products sold in Arkansas.”

HAWAII
Under Senate Bill 364 and the companion House Bill 99, “retailers, distributors, producers and producer-distributors
may sell raw milk, including cheese, kefir and yogurt produced from raw milk and raw-milk products for purchase or
consumption by consumers, subject to rules adopted by the board of agriculture for the department of agriculture.”
Farmers may sell raw milk and raw milk products on a farm directly to consumers, subject to rules. Board has to adopt
rules by July 1, 2014. Rules shall include standards for production and sale of raw milk, regulation of cow- and animal-
sharing and labeling requirements. The bills were referred to their respective committees on January 22.

INDIANA
Senate Bill 610 would have codified the right of individuals to obtain raw milk from dairy animals owned by them and
to distribute that milk to members of individuals’ families or to non-paying guests. The bill died in the Committee on
Health Provider Services. Senate Bill 513 would have allowed on-farm sales of raw cow’s milk and products made from
raw cow’s milk by licensed dairies direct to consumers; the dairy would need to comply with sanitation, sampling and
testing standards, and labeling requirements set out in rule by the Indiana Board of Animal Health. The state chemist
was to adopt similar rules for testing and sampling requirements when raw milk is used for commercial feed or pet milk.
The bill died in the Committee on Agriculture and Natural Resources.

IOWA
House Study Bill 131 (HSB 131) would allow unlicensed sales of raw milk and other raw dairy products to an individual
either on the farm or through delivery. The bill has been referred to the Local Government Subcommittee which voted
on February 27 to send it on to the full committee. In addition to HSB 131, a bill has been introduced in the Iowa
Senate that would provide for a moratorium on regulations affecting the sale of unprocessed food, including raw milk.
Senate File 77 calls for the moratorium to go into effect July 1, 2014. On or before January 1, 2014, several state agen-
cies including the Iowa Department of Agriculture and Land Stewardship are to prepare a report for the Iowa General
Assembly that “shall provide a list of all statutes and rules affected by this Act along with proposals to most effectively
amend or repeal those statutes and rules without affecting the administration and enforcement of other provisions.”
SF77 has been referred to the Senate Agriculture Committee.

KANSAS
Senate Bill 146 would allow delivery of raw milk and raw milk products to the final consumer and would eliminate
restrictions on advertising. Currently, sales are limited to on-farm and advertising is restricted to a sign on the farm. The
bill is sponsored by the Committee on Agriculture and has been referred to the same.

MARYLAND
House Bill 502 would amend the state livestock lien law to clarify that an agreement can be made between someone
with a complete or partial ownership interest in a dairy animal and the owner of an establishment for the latter to milk
that animal and provide the milk to the party with the ownership interest in the dairy animal. The bill has been referred
to the Committee on Economic Matters. There is currently a regulation purporting to ban herdshares in Maryland.
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