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for tuberculosis and brucellosis; under HB 484 only a one-time negative test or proof of a recent one-time negative
test is required. The tier 2 producers had been required to warn their customers if even one test result shows the total
bacteria or coliform count is over the legal limit; if follow-up tests are above the limit producers are required to stop
all sales until they get a test result that is in compliance. Producers with one high somatic cell count test must not only
warn their customers, but also contact a veterinarian to assess the herd and milking procedures. H484 does away with
the consumer warning; now the Secretary of the Vermont Department of Agriculture, Food and Markets issues a warn-
ing if two out of four consecutive monthly tests exceed the limit and has the authority to suspend the producers’ sales
when three out of five tests do so. Since Vermont has a two-year legislative session, a separate bill aiming to expand
raw milk sales to retail stores and legalize the sale of other raw dairy products will still be under consideration next year.

WYOMING
Governor Matt Mead signed the Wyoming Food Freedom Act into law on March 3. The new law gives farms, ranches
and home kitchens the right to sell any foods they produce, other than meat products, direct to the consumer without
any government regulation or inspection. Sales can take place at farms, ranches, private homes, farmers markets and
through delivery. The Food Freedom Act legalizes the sale of any raw dairy product including unaged cheese. The sale
of raw cheese that has not been aged at least sixty days is prohibited in interstate commerce but states do have the
option of not having any aging requirement in their laws. At this time, Wyoming has the most favorable laws on the sale
of raw dairy products in the U.S. A factor in the bill’s passage was the lack of a dairy industry in Wyoming to provide
opposition. According to the state, there are only thirty Grade A dairies left in the state; other estimates put the number
as low as ten.

OTHER STATES
There are still ten states that do not allow any sale or distribution of raw milk by statute, regulation or policy. Two of
them, West Virginia and Montana, came close to changing their laws in 2015.

MONTANA
In Montana, House Bill 245 (HB 245) passed the State House of Representatives by a big margin but was defeated in
the Senate by one vote. HB 245 would have legalized the on-farm sale of raw milk and raw milk products. The bill
included requirements for testing, labeling and signage. HB 245 also would have exempted herdshare operations from
any of the requirements in the bill for those selling raw dairy. The Association of Montana Public Health Officials had
their lobbyist work against the bill on the taxpayers’ dime. That combined with opposition from agribusiness interests
was enough to prevent the bill from getting to the governor’s desk.

WEST VIRGINIA
On April 2, West Virginia Governor Earl Ray Tomblin vetoed Senate Bill 30, a measure that would have legalized herd-
share agreements in the state. Current state law bans herdshares, sales of raw milk for human consumption and sales of
raw milk for pet consumption. SB 30 had passed the West Virginia House of Delegates by an 81-19 margin. The National
Milk Producer Federation and the International Dairy Foods Association sent Tomblin a joint letter urging him to veto
the bill. The veto means that dairy farmers in the state will continue to lose the business of West Virginia consumers to
Pennsylvania raw milk producers.

As the demand for raw milk continues to grow across the country, state legislatures need to acknowledge this by
supporting freedom of choice and increased access to raw milk. The 2015 legislative session was a step in the right
direction

For the latest developments on raw milk issues, go to 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.

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