Page 99 - Spring2009

STATE LEGISLATION

ARKANSAS: Arkansas currently allows farmers to sell up to one hundred gallons of goat milk per month at the farm. HB
1114 would allow the sale of up to one hundred gallons of raw cow milk per month as well. The trade off would be that
the bill empowers the state board of health to make rules providing for the random inspection of farms producing and
selling raw milk and to issue regulations requiring the seller to have a warning sign at the point of sale and warning labels
on the bottles. The bill was referred to the Senate Committee on Public Health, Welfare and Labor.

CONNECTICUT: In response to a foodborne illness outbreak occurring at Town Farm Dairy in Simsbury last summer (see
Wise Traditions, Fall 2008 issue), the Connecticut Department of Agriculture (CDA) had legislation introduced that would
restrict the availability of raw milk. HB 6313 would limit sales of raw milk to the farm only; it can currently be sold in retail
stores. HB 6313 originally included testing provisions that would have imposed a financial hardship for raw milk licensees;
but those requirements have been withdrawn in an amended version of the bill. CDA has also had HB 6312 introduced,
”which would provide criminal penalties for the sale or offering for sale of adulterated milk and milk products.” The bill
contains a provision that would ban the operation of cow share programs unless the farmer had a retail raw milk license.
Both bills have been assigned to the Joint Committee on the Environment.

MARYLAND: Two raw milk bills have been introduced this session. HB 1015 would allow for the sale of raw milk directly
from the producer to the consumer if the parties have executed a written contract for its sale. The contract must clearly
indicate that the milk being sold is unpasteurized and that “once the raw milk product is in the possession of the consumer,
the proper handling, transporting and cooling of the milk are the responsibilities of the consumer.” The bill has extensive
requirements for testing and sanitary standards and also mandates that warning labels be on the containers. Those pro-
ducers selling raw milk would be required to register with both the Maryland Department of Health and Hygiene and the
Maryland Department of Agriculture. A second bill, HB 1080, would exempt from regulation the distribution of raw milk
and raw milk products from milk producers directly to the final consumer “if the consumer has acquired an ownership in
the animal or herd from which the raw milk is produced.” The bill requires that the ownership interest be acquired pursu-
ant to a written contract. Both bills are before the House Committee on Health and Government Operations.

MISSOURI: Representative Belinda Harris (D-Hillsboro) has introduced HB 233, a bill that would exempt the sale of all
raw dairy products directly from the producer to the consumer either at the farm or through delivery. Under current law,
only sales of raw milk and cream from the producer to the consumer are exempt. HB 233 is before the House Committee
on Agriculture Policy.

TENNESSEE: The Dairy Farmers Prosperity Act (HB 1360 and SB 1899) would allow the unlicensed direct sale from pro-
ducer to consumer at the farm as long as the farmer does not advertise and the consumers bring their own containers.
HB 1360 is now before the House Committee on Agriculture; SB1899 has been assigned to the Senate Committee on
Commerce, Labor and Agriculture.

WYOMING: HB 0193, the Wyoming Food Freedom Act, passed out of the House Committee on Agriculture, State and
Public Lands & Water Resources and is now up for general floor vote in the House. The bill exempts—from any state li-
censing, certification or inspection requirements—sales of food from producers or processors directly to the end consumer
“at farmers’ markets, roadside stands” and at the ranch or farm. Raw milk and raw milk products would be foods covered
by the bill. The sale of raw milk is currently prohibited in Wyoming.

For the latest developments on the cases covered in this update, go to www.thecompletepatient.com. Those who have
not joined the Farm-to-Consumer Legal Defense Fund are encouraged to do so. Membership applications are available
online at www.farmtoconsumer.org or by calling (703) 208-FARM (3276); the mailing address is 8116 Arlington Boule-
vard, Suite 263, Falls Church, Virginia 22042.
For a range of resources on raw milk, visit www.realmilk.com. These include a PowerPoint presentation on the
Safety, Healthy Benefits and Economics of Raw Milk (http://realmilk.com/ppt/index.html), a Response to the FDA Anti-
Raw Milk Powerpoint (http://realmilk.com/documents/SheehanPowerPointResponse.pdf), and an analysis of the published
reports on illness allegedly caused by raw milk (http://realmilk.com/documents/ResponsetoMarlerListofStudies.pdf). The
site also contains an overview of raw milk laws in the fifty states (http://realmilk.com/milk-laws-1.html).

SPRING 2009 Wise Traditions 97