Interstate Milk Freedom Act of 2019
This bill prohibits federal regulation of the interstate traffic of unpasteurized milk or milk products packaged for direct human consumption under specified circumstances.
Specifically, the prohibition applies if (1) such products would be considered adulterated or misbranded or otherwise in violation of federal law solely because they are unpasteurized; (2) the products are allowed by the state of origin to be distributed for direct human consumption by any means; (3) they are produced, packaged, and moved in compliance with the laws of such state; and (4) they are moved from the state of origin with the intent to transport them to another state that allows the distribution of such products for direct human consumption.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5410 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 5410
To prohibit Federal interference with the interstate traffic of
unpasteurized milk and milk products that are packaged for direct human
consumption.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 12, 2019
Mr. Massie (for himself, Ms. Pingree, Mr. Biggs, Mr. Gosar, Mr.
Smucker, Mr. Budd, Mr. Webster of Florida, Mr. Mooney of West Virginia,
Mr. Grothman, Mr. McClintock, Ms. Lofgren, Mr. Meadows, Mr. Gohmert,
Mr. Blumenauer, Mr. Amash, Mr. Griffith, Mr. Roy, and Mr. Gaetz)
introduced the following bill; which was referred to the Committee on
Energy and Commerce
_______________________________________________________________________
A BILL
To prohibit Federal interference with the interstate traffic of
unpasteurized milk and milk products that are packaged for direct human
consumption.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Interstate Milk Freedom Act of
2019''.
SEC. 2. INTERSTATE TRAFFIC OF UNPASTEURIZED MILK AND MILK PRODUCTS.
(a) In General.--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--
(1) such prohibition, interference, regulation, or
restriction is based on a determination that, solely because
such milk or milk product is unpasteurized, such milk or milk
product is adulterated, misbranded, or otherwise in violation
of Federal law;
(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;
(3) the milk or milk product is produced, packaged, and
moved in compliance with the laws of such State of origin,
including any such laws relating to labeling, warning, and
packaging requirements; and
(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.
(b) No Preemption.--Nothing in this Act preempts any State law.
(c) Definitions.--In this Act, the following definitions apply:
(1) The term ``cowshare'' means an undivided interest in a
milk-producing animal (such as a cow, goat, sheep, or water
buffalo, or a herd of such animals) created by a written
contractual relationship between a consumer and a farmer--
(A) that includes a legal bill of sale to the
consumer for an interest in the animal or dairy herd
and a boarding contract under which the consumer boards
the animal or dairy herd in which the consumer has an
interest with the farmer for care and milking; and
(B) under which the consumer is entitled to receive
a share of milk from the animal or dairy herd.
(2) The term ``milk'' means the lacteal secretion,
practically free from colostrum, obtained by the milking of one
or more healthy animals.
(3) The term ``milk product''--
(A) means a food product made from milk; and
(B) includes low-fat milk, skim milk, cream, half
and half, dry milk, nonfat milk, dry cream, condensed
or concentrated milk products, cultured or acidified
milk or milk products, kefir, eggnog, yogurt, butter,
cheese, whey, condensed or dry whey or whey products,
ice cream, ice milk, and other frozen dairy desserts.
(4) The term ``packaged for direct human consumption'' with
respect to milk or milk products--
(A) means packaged for the final consumer and
intended for human consumption; and
(B) does not apply if the milk or milk products are
packaged for additional processing, including
pasteurization, before being consumed by humans.
(5) The term ``pasteurized'' means the process of--
(A) heating milk or milk products to the applicable
temperature specified in the tables contained in
section 1240.61 of title 21, Code of Federal
Regulations (as in effect on the date of enactment of
this Act); and
(B) holding the milk or milk product continuously
at or above that temperature for at least the
corresponding specified time in such tables.
(6) The term ``unpasteurized'' means not pasteurized.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Consumer Protection and Commerce.
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