The sale of raw milk for human consumption is legal in Nevada; however, a Nevada dairy cannot produce raw milk to be sold unless there is a county milk commission to regulate production and distribution; even if there is a county commission, the sale of raw milk and raw milk products the farm produces is legal only in that county, nowhere else in the state.[1] Currently, only one of the 16 counties in the state, Nye County, has a milk commission. A bill allowing statewide sales of raw milk, certified by a county milk commission, was vetoed by Governor Brian Sandoval in 2013.

The Nye County Raw Dairy Commission (NCRDC) formed in 2012.[2] Under state law, the commission must “adopt written regulations, which must be approved by the Director [of the Nevada Department of Agriculture] governing the production, distribution and sale in the county of certified raw milk and products made from it,…”[3] It is the commission that certifies the raw milk and raw milk products so they can be sold. The Director, as far as is known, never approved the regulations the Raw Milk Commission drafted and adopted in November 2015 [4] (per agenda and minutes for 11/18/2016) [5,6]. If the director had approved, a Nye County dairy would have had to comply with not only the commission’s regulations but also dozens of regulatory requirements issued by the Nevada Department of Agriculture that are found in the state administrative code, including extensive physical facility requirements—all this to sell milk in a county of around 56,000 people [7]; Nevada’s population is 3.2 million [8].

Herdshare agreements aren’t an option for raw milk producers in Nevada. Anyone selling or dispensing raw milk must have a permit issued by the state and be in compliance with all county and state regulations. Nevada law defines “sold or dispense” to mean “any transaction involving the transfer or dispensing of raw milk by barter or contractual agreement or in exchange for any form of compensation, including, but not limited to, the sale of shares or interest in a cow, goat or other lactating mammal or herd.”[9]

Sales of raw milk for animal consumption are legal but only if there is an “approved denaturant”[10] added to the milk; all the approved denaturants are toxic. There isn’t much opportunity for dairy farmers in Nevada these days, especially small-scale operators. There are around 20 Grade A dairies left in the state, ranging in size from 500 cows to over 25,000 [11]. Nevada dairy farmers have lost millions of dollars in raw milk sales to neighboring California; 2025 should be the year when the booming demand for raw milk moves the legislature to pass a law that actually gives raw milk producers a chance to make a living.

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1. Nev. Rev. Stat. Ann. 584.207 (NRS 584.207), https://www.leg.state.nv.us/nrs/nrs-584.html#NRS584Sec207
2. Commission created in 2012 by “Nye Ordinances Chapter 8.40 Raw Milk Commission”. See archived Notice of Public Hearing on Nye County Bill 2012-15, originally posted July 17, 2012. https://www.nyecountynv.gov/CivicAlerts.aspx?AID=212&ARC=485
3. Nevada statute NRS 584.207, clause 3(b) https://www.leg.state.nv.us/division/legal/lawlibrary/NRS/NRS-584.html#NRS584Sec207
4. Regulations of the Nye County Raw Milk Commission. Adopted November 11, 2015 per agenda and minutes for Nov. 18, 2015. https://nv-nyecounty.civicplus.com/DocumentCenter/View/29055/Item8?bidId=
5. Raw Milk Commission Agenda November 18, 2016. (2016, Nov 14) https://www.nyecountynv.gov/AgendaCenter/ViewFile/Agenda/_11182016-2101
6. Draft Meeting Minutes for Nye County Raw Dairy Commission. (2016, Nov 18). https://www.nyecountynv.gov/AgendaCenter/ViewFile/Minutes/_11182016-2101
7. worldpopulationreview.com/states/nevada/counties
8. worldpopulationreview.com/states/nevada-population
9. Nev. Rev. Stat. Ann. 584.207 (NRS 584.209), https://www.leg.state.nv.us/nrs/nrs-584.html#NRS584Sec209]
10. Ibid.
11. nevadamilk.com/on-the-farm/nevada-farms

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The commission would be responsible for, “…setting the rules governing the production, distribution and sale of raw dairy products. This could include everything from setting standards on bacterial counts in milk products to overseeing investigators who test and analyze raw milk products before they’re approved for sale” (Does Las Vegas Need Milk Commission – Las Vegas Sun). The commission would be made up of a doctor, veterinarian and member of the public.

Some criticize the decision to only include goat’s milk, saying it avoids the controversy stemming from the type of raw milk that is more in-demand: raw cow’s milk. Others point out that the legalizing goat’s milk would be a promising step towards the ultimate legalization of cow’s milk.

This is not the first time that raw milk has made political headlines in Nevada. In May 2013, the Nevada Senate approved a bill to legalize the sale of raw milk in Las Vegas and across the state. This bill was ultimately vetoed by Governor Sandoval (see Nevada Senate says Yes to Raw Milk in Las Vegas).

Realmilk.com is a consumer education project of the Weston A. Price Foundation, a nutrition education nonprofit based in Washington, D.C. Visit their website, westonaprice.org.

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On June 6, 2013, Governor Brian Sandoval vetoed a bill that would have legalized the sale of raw milk throughout the state of Nevada. Just prior to his decision, the National Milk Producers Federation and the International Dairy Foods Association petitioned the governor to veto the bill, citing health concerns.

“The Food and Drug Administration, the American Medical Association and our own health officer agree that the Assembly Bill 209 presents significant public health risks,” Sandoval stated in his veto message.

Raw milk activist, Brett Ottolenghi, says, “It passed 40/0 in the general assembly and 17/4 in the senate.  Then Sandoval vetoed it after the end of the session so we can’t override his veto for another 2 years.”

The veto comes as a blow to raw milk advocates across the country and raw milk drinkers in Nevada, who testified that “…they are made to feel like criminals because they must acquire raw milk surreptitiously in Nevada or go to California.” (Review Journal). Many other raw milk advocates spoke about the health benefits and nutritional properties of raw milk. Unfortunately, their testimonies were not enough to sway the governor.

http://www.reviewjournal.com/news/government/sandoval-vetoes-raw-milk-bill

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Now, the National Milk Producers Federation and the International Dairy Foods Association are asking Governor Brian Sandoval to veto the bill. In their letter to the governor, they assert that raw milk sales pose health dangers for children and other consumers.

Current law allows raw milk from California to be sold in Nevada; under the new law only raw milk originating in Nevada can be sold in the state, opening up the raw milk market for local dairy farms. No comment yet from the Governor whether he plans to sign or veto the bill, but he will have 5-10 days to decide the fate of Nevada’s raw milk industry once the bill comes across his desk.

http://wnax.com/local/dairy-groups-ask-nevada-governor-to-veto-raw-milk-legislation/16483299/

The Campaign for Real Milk is a project of The Weston A. Price Foundation.

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On May 28, the Nevada Senate approved a bill that will legalize the sale of raw milk in Las Vegas and across the state. The bill passed the Assembly on a unanimous vote on April 22, and was given a “do pass” by the Nevada Senate Committee on Health and Human Services on May 16. The bill is currently in enrollment.

Nevada’s current state law allows certified raw milk to be sold anywhere in the state, but raw milk produced under the authority of a county milk commission can only be sold in that county. Nye County, located just northwest of the Las Vegas metro area, established a county milk commission last year to regulate Amargosa Creamery as it began to produce raw milk. This bill would allow Amargosa Creamery to cross county lines and sell raw milk and raw milk products in the Las Vegas metro area.

The bill would also prohibit out of state raw milk producers from selling their products in Nevada – a move that would also benefit Amargosa Creamery by removing California dairy producers from the Las Vegas market and cutting back on their competition.

Most Nevada lawmakers are supportive of the bill. Although some have voiced concern about the health risks posed by raw milk, they believe it is better to move forward with a regulatory structure. The new Nevada bill requires labeling, dairy testing and liability.

Realmilk.com is a project of nutrition education non-profit, The Weston A. Price Foundation.

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