SB 364 - Allowing raw unpasturized milk for sale

[Rob Tucker]

THE SENATE

S.B. NO. 364

TWENTY-SEVENTH LEGISLATURE, 2013 STATE OF HAWAII

A BILL FOR AN ACT relating to milk.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:



SECTION 1. The purpose of this Act is to allow the sale of safe, wholesome raw milk, and raw-milk products to consumers. The legislature finds that many people wish to consume unpasteurized raw milk and raw-milk products for a variety of reasons ranging from taste to health.

According to the National Conference of State Legislatures, states that permit the sale of raw milk in retail stores include Arizona, California, Connecticut, Idaho, Maine, New Hampshire, New Mexico, Nevada, Pennsylvania, South Carolina, Utah, and Washington. States that allow the sale of raw milk on the farm include Arkansas, Illinois, Kansas, Kentucky, Massachusetts, Minnesota, Nebraska, New York, Oklahoma, Rhode Island, Texas, and Wisconsin.

When produced hygienically, raw milk has health benefits that may be destroyed in the pasteurization process, and can be as hygienic as pasteurized milk. The sale and consumption of raw milk and raw-milk products can be safe and wholesome if properly treated. Additionally, the bacteria found in raw milk are essential to flavors of many cheeses.

The purpose of this Act is to allow:

(1) Retailers, distributors, producers, and producer-distributors to sell raw milk and raw-milk products for purchase or consumption by consumers; and

(2) Farmers to sell raw milk and raw-milk products directly from a farm to consumers.

SECTION 2. Chapter 157, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§157- Raw milk and raw-milk products; labeling. (a) Retailers, distributors, producers, and producer-distributors may sell raw milk, including cheese, kefir, and yogurt produced from raw milk, and raw-milk products for purchase or consumption by consumers, subject to rules adopted by the board of agriculture for the department of agriculture.

(b) Farmers may sell raw milk and raw-milk products directly from a farm to consumers, subject to rules adopted by the board of agriculture for the department of agriculture.

© No later than July 1, 2014, the board of agriculture shall adopt rules for the department of agriculture in accordance with chapter 91 to implement this section; provided that the rules shall include guidelines similar to administrative rules of other states that allow the sale of raw milk and raw-milk products. The rules shall include:

(1) Standards to ensure the non-contamination of raw milk in the production and sale of raw milk and raw-milk products; and

(2) Regulation of cow-sharing or animal-sharing to produce raw milk.

(d) Each container of raw milk and raw-milk products shall bear:

(1) A label which reads, "RAW MILK", "RAW-MILK PRODUCT", or "CONTAINS RAW-MILK PRODUCTS", as applicable; and

(2) A precautionary statement which reads, "Contains pathogens which may be unsafe to consume"."

SECTION 3. Section 157-1, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:

""Raw milk" is milk that has not been pasteurized or otherwise treated with heat.

"Raw-milk products" includes products made from raw milk."

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2013.



INTRODUCED BY:

Report Title:

Dairy Products; Raw Milk



Description:

Allows retailers, distributors, producers, and producer-distributors to sell raw milk and raw-milk products for purchase or consumption by consumers, subject to rules adopted by the board of agriculture for the department of agriculture. Allows farmers to sell raw milk and raw-milk products directly from a farm to consumers, subject to rules adopted by the board of agriculture for the department of agriculture.