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Under the new tier 1, farmers could sell on farm up to 70 gallons per week worth of raw milk or dairy products
(as listed in the bill) made from raw milk; these farmers would have to meet only basic sanitary requirements. Under
tier 2, farmers who also met additional requirements such as recordkeeping and labeling could sell on farm up to 100
gallons per week worth of raw dairy products. The third tier would require producers to meet additional standards
beyond those for tier 2; these producers could sell more than 100 gallons per week worth of raw dairy products on
farm, through delivery, at farmers markets, and to CSAs. Third tier producers who obtain a license could sell raw milk
(but not raw milk products) at retail establishments. Tier 3 producers under H426 would not have to do as much milk
testing as tier 2 producers have to do under the current system.
VIRGINIA HB 1461
House Bill 1461 would have legalized the unlicensed, unregulated sale of raw milk by any producer who owns
three or fewer milking cows, provided that the sale be direct to consumer and that the milk container be labeled with
the owner’s name and address and the statement, “NOT FOR RESALE – PROCESSED AND PREPARED WITHOUT
STATE INSPECTION.” HB 1461 was referred to the House Agriculture, Chesapeake and Natural Resources but did not
make it out of subcommittee.
WEST VIRGINIA SB 30
Three bills have been introduced in the West Virginia Legislature this session. HB 2448 would legalize sales of raw
cow’s milk while HB 2449 and SB 30 would allow the distribution of raw milk through herdshare agreements. SB 30
is the bill that has traction; it passed out of the Senate and was referred to the House Health and Human Resources
Committee.
Under SB 30, the shareholder must sign a written document acknowledging the “inherent dangers of consuming
raw milk” and must release the producer from liability; the agreement must be reported to both the Department of
Agriculture and Bureau of Public Health. The dairy must meet animal health requirements established by the state
veterinarian.
A licensed physician who makes a diagnosis that can be attributed directly to the consumption of raw milk is re-
quired to report nonidentifying information to a county health officer; rules regarding the contents of the report are to
be proposed by the Department of Health and Human Services.
WYOMING HB 56
Governor Matt Mead signed into law groundbreaking legislation, the Food Freedom Act (House Bill 56), on March
3. The bill allows the unlicensed, unregulated direct sale from farm to consumer of any food except meat; the only
requirement is that the producer inform the consumer that the food being sold is not from a licensed or regulated
source. Producers can sell any raw dairy product, including un-aged cheese. The bill went into effect immediately.
For the latest developments on raw milk issues, go to www.thecompletepatient.com.
Those who have not joined the Farm-to-Consumer Legal Defense Fund are encouraged to do so. Membership ap-
plications are available online at farmtoconsumer.org or by calling (703) 208-FARM (3276); the mailing address is 8116
Arlington Blvd, Suite 263, Falls Church, VA 22042.
RAW MILK IN AUSTRALIA
Last year, four children who had drunk raw milk became ill and one—a terminally ill cancer patient—died. The con-
nection between raw milk and the illnesses was never convincingly proved. Nevertheless, Australian authorities used the
outbreak to go after raw milk sold as Cleopatra's Bathwater. Since February, new regulations require addition of a a “bitter-
ing” agent to raw milk sold as a cosmetic or pet food.
In reaction to this bureaucratic move, as well as to heavy handed application of regulations designed for large produc-
ers, citizens of Australia have set up a Farmer-to-Consumer Legal Defense Fund, modeled after the U.S. Farm-to-Consumer
Legal Defense Fund.
Australian raw milk supporters will be working towards reinstating the Mountain View Herd Share Model, preparing
their defense and raising money for the defense. For further information, visit https://www.facebook.com/aus.arm.
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