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.

[Rob Tucker]

Having spent some years working on a dairy farm I know the potential for hazards, contamination and illness is high.

Why does this bill contain no chain of responsibility for an event of someone getting sick or dying from unpasteurized milk?

[rainyjim]

I have this great picture of a protester squirting an advancing swat team with raw milk from an udder.

It came to mind when I read this topic. I wish I could post pictures on your forum Rob.

Surely the producer and/or distributor would be held accountable?

[Rob Tucker]

The bill, as written, contains no standards except to direct the DoA to adopt some other states standards. I worry about any fool with a goat or cow selling raw milk to the pubic. Keeping milk animals is a messy job. Manure comes hand in glove with milk animals. So the ability of the milk producer to keep things clean matter. Bottle or containers must be sterilized, not just washed. The capacity for refrigeration matters. The cleanliness of the milk storage and transport containers matter.

In the old days, before regulation, it was easy for a farmer to boost profits by adding water to the milk. No way to tell really. Anybody want some catchment water in their milk? There are also animal illnesses like mastitis to consider.

A established dairy is well capable of producing clean raw milk. We have few to no established dairies here so excuse me if I envision a bunch of back yard operators with limited experience moving into the raw milk business.

[bluesboy]

You won't find me buying milk at the farmers market

[Chunkster]

The "Introduced by:" section of the text above is blank. I have heard that this was a Russell Ruderman proposal. Is that true?

[Rob Tucker]

Yes, Russel is sponsoring the bill to the best of my knowledge.

[Obie]

This is a carry over from last year.It didn't go anywhere then,no reason for it to go anywhere this year.
It would require a major rewrite of DOH rules and you are right Rob,it is downright frightening to think of in Hawaii.

[Obie]

From the CDC


“Back to nature”-- that’s what many Americans are trying to do with the foods that they buy and eat. They are shopping at farmers’ markets, picking organic foods at their grocery stores, participating in food cooperatives (or co-ops), and some are even growing their own food. Many people are trying to eat foods that are produced with minimal processing.
However, milk and products made from milk (including certain cheeses, ice cream, and yogurt) are foods that, when consumed raw, can pose severe health risks. Milk and products made from milk need minimal processing, called pasteurization, which can be done by heating the milk briefly (for example heating it to 161 °F for about 20 seconds), to kill disease-causing germs (e.g., Salmonella, Escherichia coli O157, Campylobacter) that can be found in raw milk.
Before the invention and acceptance of pasteurization, raw milk was a common source of the bacteria that cause tuberculosis, diphtheria, severe streptococcal infections, typhoid fever, and other foodborne illnesses. These illnesses killed many people each year, especially young children. In the 1900s many mothers recognized this risk and would boil milk (bringing it to a temperature of 212°F) before giving it to their infants and young children.
Many studies have shown that pasteurization does not significantly change the nutritional value of milk – pasteurized milk is rich in proteins, carbohydrates, and other nutrients. Heat slightly affects a few of the vitamins found in milk-- thiamine, vitamin B12, and vitamin C-- but milk is only a minor source of these vitamins.

[Rob Tucker]

Yeah, If this was a dairy state like Vermont or Wisconsin I wouldn't be too concerned.