Interstate Milk Freedom Act of 2019

I 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. MEAD- OWS, 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 pack- aged for direct human consumption. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Interstate Milk Free- 4 dom Act of 2019’’. 5 VerDate Sep 11 2014 00:02 Dec 21, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5410.IH H5410 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 5410 IH SEC. 2. INTERSTATE TRAFFIC OF UNPASTEURIZED MILK 1 AND MILK PRODUCTS. 2 (a) IN GENERAL.—Notwithstanding the Federal 3 Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), 4 section 361 of the Public Health Service Act (42 U.S.C. 5 264), and any regulations or other guidance thereunder, 6 a Federal department, agency, or court may not take any 7 action (including any administrative, civil, criminal, or 8 other action) that would prohibit, interfere with, regulate, 9 or otherwise restrict the interstate traffic of milk, or a 10 milk product, that is unpasteurized and packaged for di- 11 rect human consumption, if— 12 (1) such prohibition, interference, regulation, or 13 restriction is based on a determination that, solely 14 because such milk or milk product is unpasteurized, 15 such milk or milk product is adulterated, mis- 16 branded, or otherwise in violation of Federal law; 17 (2) the milk or milk product’s State of origin 18 allows (by law, regulation, or policy) unpasteurized 19 milk or unpasteurized milk products to be distrib- 20 uted for direct human consumption by any means, 21 including any form of retail sale, direct farm to con- 22 sumer distribution, or cowshare; 23 (3) the milk or milk product is produced, pack- 24 aged, and moved in compliance with the laws of such 25 VerDate Sep 11 2014 00:02 Dec 21, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5410.IH H5410 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 5410 IH State of origin, including any such laws relating to 1 labeling, warning, and packaging requirements; and 2 (4) the milk or milk product is moved from the 3 State of origin with the intent to transport the milk 4 or milk product to another State which allows the 5 distribution of unpasteurized milk or unpasteurized 6 milk products for direct human consumption, as de- 7 scribed in paragraph (2), irrespective of whether the 8 applicable laws of such other State are identical to 9 the laws of the State of origin. 10 (b) NO PREEMPTION.—Nothing in this Act preempts 11 any State law. 12 (c) DEFINITIONS.—In this Act, the following defini- 13 tions apply: 14 (1) The term ‘‘cowshare’’ means an undivided 15 interest in a milk-producing animal (such as a cow, 16 goat, sheep, or water buffalo, or a herd of such ani- 17 mals) created by a written contractual relationship 18 between a consumer and a farmer— 19 (A) that includes a legal bill of sale to the 20 consumer for an interest in the animal or dairy 21 herd and a boarding contract under which the 22 consumer boards the animal or dairy herd in 23 which the consumer has an interest with the 24 farmer for care and milking; and 25 VerDate Sep 11 2014 00:02 Dec 21, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5410.IH H5410 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 5410 IH (B) under which the consumer is entitled 1 to receive a share of milk from the animal or 2 dairy herd. 3 (2) The term ‘‘milk’’ means the lacteal secre- 4 tion, practically free from colostrum, obtained by the 5 milking of one or more healthy animals. 6 (3) The term ‘‘milk product’’— 7 (A) means a food product made from milk; 8 and 9 (B) includes low-fat milk, skim milk, 10 cream, half and half, dry milk, nonfat milk, dry 11 cream, condensed or concentrated milk prod- 12 ucts, cultured or acidified milk or milk prod- 13 ucts, kefir, eggnog, yogurt, butter, cheese, 14 whey, condensed or dry whey or whey products, 15 ice cream, ice milk, and other frozen dairy des- 16 serts. 17 (4) The term ‘‘packaged for direct human con- 18 sumption’’ with respect to milk or milk products— 19 (A) means packaged for the final consumer 20 and intended for human consumption; and 21 (B) does not apply if the milk or milk 22 products are packaged for additional proc- 23 essing, including pasteurization, before being 24 consumed by humans. 25 VerDate Sep 11 2014 00:02 Dec 21, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5410.IH H5410 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 5410 IH (5) The term ‘‘pasteurized’’ means the process 1 of— 2 (A) heating milk or milk products to the 3 applicable temperature specified in the tables 4 contained in section 1240.61 of title 21, Code 5 of Federal Regulations (as in effect on the date 6 of enactment of this Act); and 7 (B) holding the milk or milk product con- 8 tinuously at or above that temperature for at 9 least the corresponding specified time in such 10 tables. 11 (6) The term ‘‘unpasteurized’’ means not pas- 12 teurized. 13 Æ VerDate Sep 11 2014 00:02 Dec 21, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H5410.IH H5410 pamtmann on DSKBC07HB2PROD with BILLS