On March 9 House Bill 4911 (HB 4911) became law; the bill provides, in part, that “raw milk may be sold by a seller in West Virginia to a consumer in West Virginia.” The new law takes effect June 7th.

The bill legalizes the sales of raw milk in retail stores; there is a labeling requirement that includes the warning statement, “Consuming unpasteurized raw milk may increase your risk of foodborne illness, especially for children, elderly, immunocompromise individuals, and persons with certain medical conditions.”

Under HB 4911, the Commissioner of Agriculture may issue regulations “in compliance with raw milk dairy industry standards.” HB 4911 initially had a clause providing that producers weren’t liable for illness attributed to milk consumption unless they intentionally contaminated the milk, but a Senate amendment to the bill cut out that provision. Courts don’t favor liability waivers for foodborne illness.

A decade ago, West Virginia had the most strict raw milk laws in the country banning sales both for human consumption and for pet consumption as well as prohibiting herdshare agreements. In 2016 the state legislature passed a bill legalizing herdshares, but that new law never took hold with raw milk producers; the law had costly testing requirements and also required farmers to file copies of each herdshare contract they had with the Commissioner of Agriculture.

HP 4911 passed through the House and Senate by big margins and became law when Governor Jim Justice did not take action on the bill (state law requires the governor to veto the bill within 15 days from the time it reaches his desk).

Congratulations to the bill’s lead sponsor, Delegate Michael Hornby (R) and West Virginia raw milk producers and consumers. Soon the Real Milk Legal Map will reflect this change for West Virginia.

Last updated 7/30/24, removed “Retail” from graphic

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Raw milk in West Virginia is now legal and available through cow share arrangements. The news spread quickly on Facebook after the governor signed the bill into law.

Lead advocate for the legislation, Tinia Creamer stated,

“It has been really amazing to watch the positive change in West Virginia on the issue of raw milk rights and food freedom. We’ve taken Food Freedom from a place of silence to a hot button issue that whole state has now talked about,” Says Creamer.

“Regaining the ability to operate herdshares was certainly not an overnight occurrence here, and the general thought for a long time was that West Virginia would never allow co-ownership agreements to exist again. In the end, I believe it was worth the 7-year fight. Well worth it. Persistence and growing a strong statewide support base through social media made SB387, the Raw Milk Herdshare bill, law. We overcame corporate Lobby groups, Lobbyists hired by statewide Health Departments and involvement from the FDA.”

The fact that raw milk in West Virginia is now available through cow shares is phenomenal. This opening for co-ownership of animals through cow share arrangements speaks to the ongoing shift from complete prohibition to acceptance of people’s rights to obtain the foods of their choice from the producer of their choice.

It is refreshing to see this shift continuing to occur, especially as enforcement increases against raw milk in Canada. If raw milk in West Virginia can be legal and available, perhaps it won’t be much longer for the other states and Canada that are holding out.

After the West Virginia bill was vetoed in 2015, Tinia persisted in bringing the issue before the General Assembly in 2016. Her hard work has paid off with farmers rights now reinstated.

“It is a relief, really,” says Creamer. “I know that raw milk in West Virginia through herdshares will help small farmers thrive; they will be a much needed way to bolster our economy. I am thankful that farmers will be able to offer, through co-ownership, a local food to their communities. This will, in turn, offer education to families about where their food comes from, how it is produced and really connect farmers to the people, as well.”

As the tide continues to shift towards raw milk availability, it is the advocates like Tinia we can thank for their tireless, unpaid work that keeps legislation and possibility alive.

To learn more about raw milk and other nutrient dense foods, visit westonaprice.org

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One mother from Cabell County started researching raw milk after some members of her family began struggling with health problems, and was dismayed to realize that in West Virginia the only way she would be able to provide her family with it would be to invest thousands of dollars on a goat herd of her own to milk herself. To show her support for pro-raw milk legislation, she joined together with other parents including Maria and Mike Moles, a husband and wife duo who own a local dairy farm and feed raw milk to their family but are unable to provide others with the same healthy food.

“What [Maria and Mike] can’t consume within their family, they have to feed to animals on the farm, or discard.

‘I passionately believe in providing people with good healthy food and I believe raw milk is a God-given healthy food,’ [Maria] said.”

The debate surrounding raw milk touches on many controversial issues, including consumer freedom. These parents in West Virginia are just a few of the many coming forward to voice their right to provide their families with nutritious foods without government interference.

The Campaign for Real Milk is a project of the nutrition education non-profit, The Weston A. Price Foundation. Donate to help fund research into the benefits of nutrient dense foods.  http://www.westonaprice.org/lab

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