H.R. 8374 provides, in part:
Notwithstanding the Federal Food, Drug and Cosmetic Act (21 U.S.C. 301 et seq.), section 361 of the Public Health Service Act (42 U.S.C. 264), and any regulations or other guidance thereunder, a Federal department, agency, or court may not take any action (including any administrative, civil, criminal or other action) that would prohibit, interfere with, regulate, or otherwise restrict the interstate traffic of milk, or a milk product, that is unpasteurized and packaged for direct human consumption, if—
. . .
(2) the milk or milk product’s State of origin allows (by law, regulation, or policy) unpasteurized milk or unpasteurized milk products to be distributed for direct human consumption by any means, including any form of retail sale, direct farm to consumer distribution, or cowshare;
…
(4) the milk or milk product is moved from the State of origin with the intent to transport the milk or milk product to another State which allows the distribution of unpasteurized milk or unpasteurized milk products for direct human consumption, as described in paragraph (2), irrespective of whether the applicable laws of such other State are identical to the laws of the State of origin.
The bill legalizes the shipment across state lines of raw milk or raw milk products from one state where its sale or distribution is legal to another state where its sale or distribution is legal. The bill is timely in that it can be part of the pushback against FDA/ CDC’s anti-raw milk bird flu campaign—a campaign that has only helped to increase the demand for raw milk since the onset of bird flu.
The bill provides that FDA cannot regulate any raw milk or milk products crossing state lines as long as the specific product is not adulterated and is in compliance with applicable state laws on production, packaging, labeling, and transportation.
Representative Thomas Massie first introduced this bill in 2015; HR 8374 amounts to a partial repeal of the interstate ban on raw dairy and is a better option than a total repeal of the ban. The latter would trigger FDA jurisdiction over raw dairy in interstate commerce; FDA’s history of harassment of raw cheese makers (chronicled in Catherine Donnelly’s book, The War on Artisan Cheese) serves as a warning. As it is, FDA could have jurisdiction over all raw milk producers/distributors benefiting from HR 8374 to ensure compliance with federal labeling laws.
The bill will definitely help consumers in states where there is a shortage of supply and in states where the law is restrictive on the distribution of raw milk. 21 CFR 117 – https://www.ecfr.gov/current/title-21/chapter-I/subchapter-B/part-117
