Page 98 - Summer 2019 Journal

Jersey Department of Health (NJDH) to stop the sale of any raw pet dairy products in the state.
On January 14, NJDH sent cease-and-desist letters to distributors and retail stores selling raw dairy products for pet consumption, threatening enforcement if they continued to sell raw pet dairy. Health officials followed up on the letter by raiding multiple pet food stores and confiscating raw dairy. There were no allegations that raw pet
dairy was causing any illness.
NJDH exceeded its lawful powers in two respects. First, it is the New Jersey Department of Agriculture (NJDA)
that has jurisdiction over the production and sale of all feed for animal consumption. Second, New Jersey regula- tions allow the sale of raw pet dairy in the state.
Manufacturers of raw pet food dairy sell their products in dozens of New Jersey pet stores. Reaction from pet owners and other supporters was strong against NJDH. Many contacted NJDH, NJDA and their legislators to com- plain about the state action. Representatives for raw pet dairy manufacturers and advocates made their case to the two agencies about how NJDH had exceeded its authority.
On April 20 Rhea Landig, the executive director of Species Alliance, held Pet Food Justice in Branchburg, an event featuring speakers on the health benefits for pets and humans of raw dairy as well as the regulatory climate and laws governing raw pet dairy production and sales. Speakers included Weston A. Price Foundation president Sally Fallon Morell, Rutgers professor Joe Heckman, Cathy Alinovi of the Next Generation Pet Food Manufacturers Association, Susan Thixton of the consumer advocate group Association for Truth in Pet Food and Billy Hockman of Answers Pet Food, one of the manufacturers hurt by the NJDH action.
The event showed the potential for collaboration between those advocating legal raw pet dairy sales and those supporting legal raw milk sales for human consumption. If raw milk sales for human consumption were legal in New Jersey, NJDH never would have taken any action against distributors and retail stores selling raw pet dairy.
On May 10 NJDH issued a public statement: “Distributors and retailers selling raw milk pet food will not be subject to enforcement action by the Department of Health.” With state regulators acknowledging the legality of raw pet dairy sales, it would be good for New Jersey to get on with the business of legalizing raw milk sales for hu- man consumption; the ban has lost New Jersey farmers millions of dollars in sales to Pennsylvania dairy producers. The time to act is now; currently, there are 40 Grade A dairies left in the state.
2019 STATE RAW MILK LEGISLATION SUMMARY
Nearly twenty states had bills legalizing or expanding the sale/distribution of raw milk and raw milk products before the legislatures during the 2019 session. Two states have passed legislation so far this year but, with many states in the first year of a two-year session, there are a number of bills that still have a chance of passing in 2020.
An untapped source of revenue for producers is the sale and distribution of raw dairy products other than milk and aged cheese. The sale of butter, cream, yogurt and kefir is illegal in a majority of states, but given the excellent track record for food safety of all these products, there is a good chance that more states will be passing bills in the near future to legalize the sale of these products. States with raw dairy bills in 2019 include:
ALASKA – HB 16
The distribution of raw milk through herdshare agreements is currently legal by regulation; House Bill 16 would make it legal by statute and would also allow herdshare dairies to distribute all other raw dairy products to their shareowners in Alaska. HB 16 has passed out of the House and was assigned to a Senate committee before the 2019 session adjourned; so, it will start the 2020 session in the Senate Resource Committee.
ARKANSAS – HB 1699
Current law allows raw milk producers to sell up to five hundred gallons of raw goat milk and/or raw cow milk on an average monthly basis. House Bill 1699 amends the law to also legalize the sale of raw sheep milk as part of the five-hundred-gallon limit. HB 1699 passed the legislature and became law on April 10.
MISSOURI - HB 1090
House Bill 1090 would allow licensed dairies meeting sanitary standards to sell raw milk and raw cream to grocery stores, restaurants and similar establishments. Under current law, licensed raw milk dairies can sell raw milk and cream on the farm and through delivery. HB 1090 has been referred to the House Agriculture Policy Committee. The Missouri legislature just finished the first year of a two-year session.
96 Wise Traditions SUMMER2019