Blog post first published July 19, 2023. Updated for journal publication and republished September 30, 2023.

Graphic: Real Milk Legal Map [1]

View the updated Raw Milk Legal Map, color index, and state-by-state status

Over the past decade or so, a growing number of states have passed laws to either legalize the sale of raw milk and raw milk products or increase access to raw dairy; no year has been as productive as 2023. Resistance from the dairy industry and public health agencies is not as great as it once was, and demand for raw dairy products is increasing rapidly. Through either statute, regulation or policy, 46 states now allow the sale of raw milk for human consumption, the sale of raw milk for pet consumption, or the distribution of raw milk through herdshare agreements.¹ The four outliers prohibiting any sale or distribution of raw milk are Hawaii, Louisiana, Nevada, and Rhode Island.

LEGISLATION

The states passing raw dairy legislation this year include:

• IDAHO – Senate Bill 1036 (SB 1036) removes the limit on dairy animals that herdshare operations can have; under prior law, herds were limited to seven cows, fifteen goats, or fifteen sheep.
• IOWA – Iowa became the 46th state to legalize raw milk sales or distribution when Senate File 315 (SF 315) passed into law. The bill allows the sale from producer direct to consumer on the farm or through delivery of any dairy product. There are testing, labeling and recordkeeping requirements.
• NORTH DAKOTA – House Bill 1515 (HB 1515) legalized the unregulated sale of raw milk and any other raw dairy products from producer direct to consumer. Under prior law only distribution of raw milk and raw milk products through herdshare agreements was legal. HB 1515 originally allowed only Grade A dairies (who produce milk for pasteurization) to sell raw milk to the consumer, but those supporting raw milk sales by all dairies hijacked the bill, turning it into the version that passed. The North Dakota Department of Agriculture (NDDA) has issued a press release² claiming that sales are limited to raw milk only (and not other raw dairy products) under HB 1515 even though the bill states that farms selling raw milk direct to consumers aren’t subject to any provision of the chapter in the North Dakota statutory code, titled “Dairy Product Regulation.”³
• UTAH – House Bill 320 (HB 320) legalizes retail sales of raw milk and any product produced from raw milk if a licensed producer has a majority ownership in the retail store. Licensees may also sell these products on-farm as well deliver and/or sell via refrigerated mobile unit. Prior law limited the raw dairy products licensees could sell to milk, butter, and cream. sell via refrigerated mobile unit. HB 320 marks the fourth raw milk bill since 2015 that the mother-daughter team of Symbria and Sara Patterson, founders of the nonprofit Red Acre Center, have been responsible for passing.
• WYOMING – Senate Bill 102 (SB 102) allows the sale of any raw dairy products produced by unregulated producers in retail stores. Prior law limited transactions to direct-to-consumer. When it comes to food freedom of choice, Wyoming remains way ahead of the curve; allowing any raw dairy products produced by an unregulated farmer to be sold in a retail store would be unfathomable in any other state. How much raw dairy is sold in Wyoming retail stores will likely be determined by what stores’ requirements for a producer to obtain product liability insurance are; it is difficult enough for regulated raw milk producers to get a product liability policy.

The biggest development in 2023 was in Iowa, a state that had once jailed someone for selling raw milk. Senator Jason Schultz (R) and farmer Tom German had been trying for 17 years to legalize raw milk sales in the state. A difference maker this time around was dairy farmer Esther Arkfeld, a mother with young children, who was the face of the effort to legalize raw milk sales in Iowa. Lobbyist Tyler Raygor of Americans for Prosperity (AFP) also helped; Raygor and another member of AFP were the only ones who registered with the state to lobby for the bill; 24 people—representing government agencies, the dairy industry, and Farm Bureau among other organizations—registered to lobby against SF 315.

The national opposition to further legalization of raw milk sales in any state made Iowa a litmus test. Mary McGonigle-Martin, a board member of the national food safety group Stop Foodborne Illness said, “Public health has lost the war on raw milk”⁴. McGonigle-Martin had testified four different times in opposition to Iowa raw milk bills. Passage of SF 315 into law struck a nerve with the mainstream media, which published more stories about raw milk after the Iowa law went into effect than it had in years. USA Today, the New York Times and Forbes, among other major media, ran stories warning about the “health risks” of drinking raw milk in an attempt to dissuade their readers from joining the millions of people who are already consuming the product.

A trend in recent years that accelerated in 2023 was the legalization of the sale of raw dairy products other than milk. In addition to Iowa, North Dakota, Utah, and Wyoming, laws have also gone into effect since 2021 in Alaska, Montana, New Hampshire, and Texas, allowing the sale of numerous products made from raw milk. Value-added is where the money is at; the trend bodes well for the ability of small-scale dairy farmers to make a living. It appears that the dairy processing lobby is no longer fighting the legalization of value-added raw dairy sales like they once did.

The food safety argument–the only argument the opposition has staked its stance on–is increasingly in favor of raw milk proponents. The latest foodborne illness outbreak figures from the Centers for Disease Control (CDC) are that in 2020 there were five foodborne illness outbreaks resulting in 28 illnesses that were attributed to raw milk consumption.⁵ The number of raw milk consumers continues to increase considerably; hundreds of thousands of consumers go to realmilk.com each year for the first time to find a source of raw milk in their state. The number of illnesses attributed to raw milk consumption is significantly less than it was a decade ago.

Increased demand, fewer illnesses, and deteriorating quality in the conventional food supply are a formula for raw milk legalization. The next state to lift the prohibition on any raw milk sales or distribution could be Hawaii. That state has had bills for legalizing raw milk sales by micro dairies passed out of the House the last two years only to die in Senate committee.  There is only one dairy producing raw milk for pasteurization in Hawaii. For reasons of food security alone, a raw milk bill there should pass into law.

Whichever of the four remaining states is next to get rid of the ban, the goal of Weston A. Price Foundation President Sally Fallon Morell to have legal raw milk distribution in every state is getting closer to realization.

REGULATION CHANGE

MISSISSIPPI: Until recently, Mississippi allowed the sale of only raw goat milk, and then only if the farm had nine goats or fewer. Thanks to state Agriculture Commissioner Andy Gipson, that has now changed per the policy of the Mississippi Department of Agriculture. Under the policy, distribution of raw milk (including cow’s milk) through herdshare agreements is legal; there has been some pushback from the state department of health, but the policy remains in place. Farm-to-Consumer Legal Defense Fund (FTCLDF) has written herdshare contracts for its Mississippi members. Gipson has been one of the more progressive agriculture commissioners in the country. In 2020 he adopted a policy on distribution of meat from custom slaughtered and processed animals—better enabling small farmers and ranchers to make a living—by removing the limit on the number of owners there could be for a custom animal. Prior to becoming commissioner, Gibson served in the Mississippi legislature where he supported several food freedom bills, including legislation to legalize the sale of raw cow’s milk.

COURT CASE: TEST CASE FOR MAINE FOOD SOVEREIGNTY ACT

An important case from Maine Food Sovereignty Act (FSA) and possibly the state’s Right to Food Constitutional Amendment (RTFA) is ongoing in Kennebec Superior Court. Nathan and Rhiannon Deschaine, owners of Kenduskeag Kitchen, their customer Frank Roma, and the Farm-to-Consumer Legal Defense Fund (FTCLDF) have sued Jeanne Landrew, Commissioner of the state Department of Health and Human Services (DHHS), for violations of the FSA and the RTFA. The Deschaines prepare and sell home-cooked meals in Kenduskeag, a town which per the FSA, has passed an ordinance allowing the unregulated sale of most foods direct from the producer to consumer. The FSA gives towns and cities in Maine, the power to adopt ordinances legalizing unregulated local producer-to-consumer commerce within their boundaries.

DHHS sent an enforcement letter to the Deschaines in October 2022, claiming that the couple needed a license to operate their business because, among other reasons, “Kenduskeag Kitchen does not meet [the] definition of direct producer to consumer transactions because it is preparing and selling meals that contain food products and/or ingredients that are purchased from other sites.” The FSA contains no restriction that producers engaging in unregulated commerce under a town ordinance are limited to preparing food with only ingredients that they grow.

Roma is suing DHHS for a violation of the RTFA, which gives individuals the right “… to consume the food of their own choosing …as long as an individual does not commit trespassing, theft, poaching, or other abuses of private property rights, public lands, or natural resources in the harvesting, production or acquisition of food.” Plaintiffs are seeking to have DHHS enjoined from regulating the operation of Kenduskeag Kitchen and requiring it to be licensed; the department has filed a motion to dismiss the lawsuit. A favorable resolution to the case for
the Deschaines, Roma and FTCLDF should lead to a more expansive interpretation of the FSA and RTFA statewide, improving food security and food quality in Maine.

This article was originally a blog post on realmilk.com, and then updated and published in the Fall  2023 issue of Wise Traditions in Food, Farming, and the Healing Arts, the quarterly journal of the Weston A. Price Foundation.

References

1. WAPF, Raw Milk Legal Map and State-by-State Notes, latest update July 11, 2023. https://www.realmilk.com/realmilk-legal-map/
2. NDDA, “Raw milk sales now legal, limited to fluid milk,” [Press release], August 4, 2023. https://www.ndda.nd.gov/news/raw-milk-sales-now-legal-limited-fluid-milk
3. North Dakota Century Code, Chapter 4.1-25, “Dairy Product Regulation,” p. 10 (point 3 of clause 4.1-25-40.1). https://ndlegis.gov/cencode/t04-1c25.pdf#nameddest=4p1-25-40p1
4. Tony Leys “Public Health Has Lost the War – States legalize raw milk, despite public health warnings,” USA Today, July 3, 2023. https://www.usatoday.com/story/news/nation/2023/07/03/raw-milk-legalized-states-unpasteruizeddisease-risks-public-health/70369454007/
5. Centers for Disease Control and Prevention (CDC). Access® database for outbreaks reported from 2005 to 2020 from all transmission sources (food, water, animal contact, environmental, and person-to-person) provided by Hannah Lawinger, CDC NORS Data Request Manager on May 26, 2021.

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IOWA House File 2055 (HF 2055) would allow the unregulated sale of raw milk and raw milk products on-farm and through delivery. There is a labeling requirement that there be a statement on the container notifying consumers that the product has not been inspected and is not subject to public health regulations. Bills have also been introduced in the Iowa legislature that would legalize raw pet milk sales (HF 2057) and the distribution of raw milk through herdshares (HF 2056) but HF 2055 is the only raw milk bill the legislature has considered so far. On January 30 a subcommittee of the House Committee on Local Government recommended passage by a 2-1 vote; the bill is now before the full committee. Iowa is one of the remaining states that prohibits any raw milk distribution.

LOUISIANA companion bills, Senate Bill 188 (SB 188) and House Bill 437 (HB 437), have been introduced that would allow the on-farm sale of either cow milk or goat milk of an average of 500 gallons per month. No permit is required but producers are subject to inspection and must comply with milk testing, herd health, and sanitary standards as well as a labeling requirement that there be a warning that the raw milk may contain harmful bacteria. The bills are a reintroduction of Senate Bill 29 (SB 29) that nearly passed in 2016. SB 29 passed out of the Senate and was defeated in the House committee by one vote.

MASSACHUSETTS Senate Bill 442 (S.442) and House Bill 2938 (H.2938) are companion agricultural omnibus bills that include provisions which would officially legalize herdshare agreements and would allow the off-farm delivery of raw milk by licensed dairies. Under the bill, farmers with no more than twelve lactating cows, goats or combination of cows and goats can enter into herdshare agreements with those wanting to obtain raw milk. There must be a written contract that includes a statement that the raw milk is not pasteurized nor subject to inspection by the state Department of Health nor the Massachusetts Department of Agricultural Resources (MDAR). MDAR has power to issue rules on testing but cannot require testing more frequently than once every two months. The bills allow from a licensed raw milk farmer to deliver raw milk to a consumer with whom the farmer has a contractual relationship, including through the farmer’s agent and through a community supported agriculture (CSA) delivery system. The bill gives MDAR power to issue regulations governing delivery; the regulations must allow for non-mechanical refrigeration. The bills have passed out of the Joint Committee on Environment, Natural Resources and Agriculture and will likely next be assigned to the Senate Ways and Means Committee.

NEW JERSEY Assembly Bill 502 (A502) is the same bill that has been introduced the prior three legislative sessions, A502 allows for the on-farm sale of raw milk and raw milk products by a licensed dairy. Producers must comply with labeling, signage, herd health, and milk testing requirements. The bill also legalizes herdshare agreements and states that no permit is required for the distribution of milk through a herdshare contract. New Jersey is one of the remaining seven states that prohibits any raw milk distribution. A502 has been referred to the Assembly Agriculture and Natural Resources Committee.

TENNESSEE House Bill 2229 (HB 2229) and Senate Bill 2104 (SB 2104) would have allowed the unregulated direct sale from producer to consumers of all foods except meat, on the farm, at farmers markets and other venues. There were labeling and signage requirements but no licensing or inspection under the bills. The bills were both defeated in committee; under current law, the distribution of raw milk and raw milk products is legal through herdshare agreements. Herdshare programs have been thriving in the state.

UTAH Senate Bill 108 (SB 108) has passed through both the Senate and House and are on the desk of Governor Gary Herbet. SB 108 allows the delivery and sale of raw milk through a mechanically refrigerated mobile unit by licensed dairies. Currently only the on-farm sale of raw milk by license holders is legal unless the producer has a majority ownership interest in a retail store (only one of the state’s ten licensed dairies meets this qualification). SB 108 also allows for the unlicensed on-farm sale of up to 120 gallons per month by unlicensed dairies if the producer is in compliance with labeling, recordkeeping, milk testing, and milk cooling requirements. Producers wanting to sell under this exemption must notify the Utah Department of Agriculture and Food (UDAF) that they are doing so. UDAF has power under the bill to order a producer to stop selling raw milk if the producer’s dairy is linked to a foodborne illness. The department has the power to levy administrative fines against producers who have been linked to a foodborne illness outbreak.

VIRGINIA Senate Bill 962 (SB 962) and House Bill 825 (HB 825) would have officially legalized and regulated herdshare operations. State policy in Virginia has long been to leave the many herdshare programs existing in the state alone. The original versions of both bills would have criminalized the refusal of either farmers or consumers to turn over copies of their contracts to government agencies. Both bills stated it was illegal for anyone besides the party to the contract to receive raw milk; in other words, giving raw milk to family or guests would have been a crime. Criminal penalties for violations of the bill’s requirements were up to one year in jail and a $2,500 fine; every day the violation continued would be a separate offense. The bills also required that the herdshare contracts contain a clause that shareholders assumed joint liability if the herd or any milk produced by the heard was responsible for any injury or illness. SB 962 was in Senate committee and shortly afterwards was stricken in the House committee.

For further updates on the progress of raw milk legislation, go to the bill tracking page at realmilk.com.

The post STATE RAW MILK BILLS – 2018 UPDATE appeared first on Real Milk.

Dear Representative Lensing,

I urge you to vote yes on HSB 585, to legalize on-farm sales of raw milk in Iowa. Raw milk is important to me because of the health of my children. Both of my young boys (ages 9 and 6) have ADHD and one was recently diagnosed with Asperger Syndrome. Children with AS often have casein (the protein in dairy products) and gluten (found in wheat) sensitivities.

My 9-year old son with AS used to drink pasteurized milk many times each day but a few years ago, we determined that it exacerbated his negative behavior; it acted as an opiate in his body. Removing casein from his diet made a huge difference in his behavior. As a result, we have not given him cow’s milk for a long time.

Recently, I found a source of raw milk in Illinois and made arrangements to purchase some. Amazingly, this milk does not have the same impact on my son with Asperger’s as pasteurized milk. He can drink this milk freely and without a detrimental impact on his behavior.

Children rely on milk for growth, nutrients, and overall health. But my son cannot drink milk that is sold in Iowa. We must travel to Illinois – it is approximately 90 minutes one way to this small farm – in order to purchase the nutritious milk for him to drink. If we could purchase this milk in Iowa – supporting local farmers – it would save us precious time and money since we would not have to make this long journey.

Some people are very skeptical about the benefits of raw milk but I have seen them first-hand. And I have done extensive reading on the importance of raw milk. The high heat of the pasteurization process kills many important vitamins and minerals, but raw milk has them in abundance and as a result, my son is now getting the nutrition he needs. Nutrition to help him grow. Nutrition for his brain. Nutrition that minimizes the characteristics of Asperger’s. Raw milk is a critical component to our health.

As I am sure you are aware, autism (and disorders on the autism spectrum) is diagnosed in 1 in 110 children (1 in 70 boys). If all the children in Iowa on the autism spectrum are given the opportunity to drink raw milk, their chance for success later in life is dramatically increased.

By passing HSB 585, you are giving them this chance. And you will be giving people with many other health and medical issues a chance to have the many benefits of raw milk.

I urge you to allow Iowa citizens to make their own choices about the benefits and risks of raw milk. Please vote yes on HSB 585.

Thank you for your time and consideration,

Amy Rohret Nemacheck
North Liberty, Iowa

The post Letter to an Iowa Legislator appeared first on Real Milk.

HSB 585, “The Milk Bill”, would legalize sales of raw milk directly from farmers to consumers. Farmers could sell directly to consumers without being licensed by the state as long as they sold only on-farm or through delivery arrangements made directly with the consumer. HSB 585 would NOT allow re-selling or sales at grocery stores or farmers markets.

The House Judiciary Subcommittee is holding a hearing on the bill this Monday, February 13. If the subcommittee approves it, then it will go the full Committee, possibly the same week.

TAKE ACTION #1:
If you can, please come to the hearing:

WHEN: Monday, February 13, at noon
WHERE: Judiciary Room 103, Capitol Building, Des Moines, Iowa

While you are at the Capitol, please also talk with your own Representative and Senator about HSB 585, The Milk Bill

TAKE ACTION #2
If you can’t come to the hearing, please email each of the Judiciary Committee Members listed below and urge them to vote yes on the bill. A sample email is included after the list of Committee members.

TAKE ACTION #3:
Call or email your own Representative to let them know how important raw milk is to you. Ask your Representative to do everything he or she can to help move the bill forward quickly.

If you don’t know who represents you, you can find out at https://www.legis.iowa.gov/Legislators/house.aspx or by calling the Capitol Switchboard at 515-281-3221

JUDICIARY COMMITTEE MEMBERS
Richard Anderson, Chair, richard.anderson@legis.state.ia.us
Chip Baltimore, Vice Chair, chip.baltimore@legis.ia.us
Mary Wolfe, Ranking Member, mary.wolfe@legis.state.ia.us
Dwayne Alons dwayne.alons@legis.state.ia.us
Ruth Ann Gains ruthann.gains@legis.state.ia.us
Julian Garrett julian.garrett@legis.state.ia.us
Chris Hagenow chris.hagenow@legis.state.ia.us
David Heaton dave.heaton@legis.state.ia.us
Jeff Kaufman jeff.kaufman@legis.state.ia.us
Vicki Lensing vicki.lensing@legis.state.ia.us
Glen Massie glen.massie@legis.state.ia.us
Jo Oldson jo.oldson@legis.state.ia.us
Rick Olson rick.olson@legis.state.ia.us
Tyler Olson tyler.olson@legis.state.ia.us
Kim Pearson kim.pearson@legis.state.ia.us
Walt Rogers walt.rogers@legis.state.ia.us
Mark Smith mark.smith@legis.state.ia.us
Kurt Swaim kurt.swaim@legis.state.ia.us
Jeremy Taylor jeremy.taylor@legis.state.ia.us
David Tjepkes david.tjepkes@legis.state.ia.us
Beth Wessel-Kroeschell beth.wessel-kroeschell@legis.state.ia.us

SAMPLE EMAIL:

Dear Representative ____________,

I urge you to vote yes on HSB 585, to legalize on-farm sales of raw milk in Iowa. Raw milk is important to me because _______________ (include a sentence or two about why you care about raw milk).

I urge you to allow Iowa citizens to make their own choices about the benefits and risks of raw milk. Please vote yes on HSB 585.

Thank you.
Name

MORE INFORMATION
Read the bill at http://coolice.legis.state.ia.us/Cool-ICE/default.asp?Category=billinfo&;Service=Billbook&menu=false&hbill=HSB585

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