States’ legislation on raw milk sales moving forward

Bills to ease restrictions on raw, unpasteurized milk are advancing in several state legislatures.
Raw milk, sometimes called “fresh” milk, is sold directly from the animal and has not been pasteurized to kill bacteria and viruses. Pasteurization heats milk to 161 degrees for 15 seconds. It kills bacteria such as Salmonella, Listeria, Campylobacter and E. coli.
Research has shown that people who drink raw milk are 840 times more likely to suffer from illness and 45 times more likely to be hospitalized. Of all outbreaks attributed to dairy products in recent decades, 96 percent were caused by raw milk.
It is against federal law to sell raw, unpasteurized milk across state lines, but states determine whether it is permitted to sell it within their borders.
Iowa bill
An Iowa House subcommittee has introduced a bill to increase the sale of raw milk. It would also allow homemade foods to be sold in grocery stores. These foods, called homemade foods, would not be subject to permits or food safety inspections.
The bill, House File 2444, was introduced by Republican Rep. Chad Ingels, who said it was a way to provide “easier access” for raw milk producers to sell their milk in farm stores.
The bill is opposed by the Iowa Environmental Health Association, a group representing state health inspectors. Jefferson Fink, speaking on behalf of the association, said it was “very concerned about many issues” related to the bill.
The bill would allow the sale of raw milk products in processing or home food establishments, provided they are located on the raw milk farm. Current law provides that raw milk can only be sold directly to customers of the raw dairy farm.
Oklahoma bill
A bill from state Rep. David Hardin would expand the areas in which raw milk can be sold through direct sales. It passed the House Agriculture Committee in a 4-2 vote and was moved to the House Oversight Committee before it could move forward further.
State health officials say consumers need to understand the risks. The Tulsa Health Department said raw milk may contain bacteria removed by pasteurization.
“The biggest risk we see is associated with pregnant women. It’s very important to consume only pasteurized dairy products and only give toddlers pasteurized dairy products as well,” said Madison Brillhart, an epidemiologist with the Tulsa Health Department.
Mary McGonigle-Martin of the nonprofit Stop Foodborne Illness said her son became seriously ill as a child during a confirmed raw milk outbreak in 2006, an experience that she said changed her family’s perspective and led her to advocate for food safety.
She said some families may hear about the claimed health benefits without fully understanding the potential dangers. “Parents hear it’s healthier, the benefits are overstated and the risks are not,” she said.
Raw milk is still not sold in Oklahoma grocery stores, and any expansion under the bill would apply to direct sales from producers.
Michigan bill
A package of bills to allow direct sales of raw milk to consumers in Michigan is moving through the state Legislature. The bills, HB 5217-5219, were introduced by Republican Rep. Matt Maddock and would allow farm-to-consumer sales of raw milk and other unpasteurized dairy products.
The bills were heard by the House Government Operations Committee last month and advanced by Republicans without any Democratic support. They were heard by the House Rules Committee during a hearing last week.
One farmer expressed support for the bill, saying it should be up to consumers to decide whether or not they want to buy unpasteurized milk.
Some agricultural experts have expressed opposition. Mikaylah Heffernan, legislative liaison for the Michigan Department of Agriculture and Rural Development, submitted written testimony against the bill, highlighting potential safety concerns related to the sale of raw milk.
“Expanding access to raw milk while reducing oversight poses significant health concerns and potential harm to public health, exposing consumers – particularly children, who cannot make informed decisions about the foods they consume – to unnecessary risks,” she wrote.
Jackie Klippenstein, senior vice president and head of government and industry relations at Dairy Farmers of America, also wrote against the bills.
“When consumers become ill from consuming raw milk, regardless of the size of the dairy or the nature of its operations, [the] incident, the entire industry is negatively impacted. These cases not only harm dairy farmers, dairy processors and manufacturers, but they also undermine the public’s confidence in the dairy products they consume every day. Pasteurization is the most proven and safest method to ensure that harmful and potentially deadly bacteria and other pathogens are eliminated from milk production. Pasteurization provides consumers with assurance that their milk is safe,” she wrote.
Health experts have also expressed concerns about the safety of unpasteurized dairy products.
Dr. Pamela Ruegg, an epidemiologist and veterinarian at Michigan State University, said that even when farmers follow all safety guidelines, contamination is still possible.
“It’s extremely difficult to harvest the milk, which means milking the cow in a milking machine, which then moves it to a tank without any of that milk being contaminated with bacteria,” Ruegg said. “This applies to large and small farms. And it applies even though our farmers do a great job following the steps of cleaning udders, keeping milking equipment clean and refrigerating milk.”



