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. 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Interstate Milk Free5 dom Act of 2019’’. 


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1 SEC. 2. INTERSTATE TRAFFIC OF UNPASTEURIZED MILK 

2 AND MILK PRODUCTS. 

3 (a) IN GENERAL.—Notwithstanding the Federal 

4 Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), 

5 section 361 of the Public Health Service Act (42 U.S.C. 

6 264), and any regulations or other guidance thereunder, 

7 a Federal department, agency, or court may not take any 

8 action (including any administrative, civil, criminal, or 

9 other action) that would prohibit, interfere with, regulate, 

10 or otherwise restrict the interstate traffic of milk, or a 

11 milk product, that is unpasteurized and packaged for di12 rect human consumption, if— 

13 (1) such prohibition, interference, regulation, or 

14 restriction is based on a determination that, solely 

15 because such milk or milk product is unpasteurized, 

16 such milk or milk product is adulterated, mis17 branded, or otherwise in violation of Federal law; 

18 (2) the milk or milk product’s State of origin 

19 allows (by law, regulation, or policy) unpasteurized 

20 milk or unpasteurized milk products to be distrib21 uted for direct human consumption by any means, 

22 including any form of retail sale, direct farm to con23 sumer distribution, or cowshare; 

24 (3) the milk or milk product is produced, pack25 aged, and moved in compliance with the laws of such 


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1 State of origin, including any such laws relating to 

2 labeling, warning, and packaging requirements; and 

3 (4) the milk or milk product is moved from the 

4 State of origin with the intent to transport the milk 

5 or milk product to another State which allows the 

6 distribution of unpasteurized milk or unpasteurized 

7 milk products for direct human consumption, as de8 scribed in paragraph (2), irrespective of whether the 

9 applicable laws of such other State are identical to 

10 the laws of the State of origin. 

11 (b) NO PREEMPTION.—Nothing in this Act preempts 

12 any State law. 

13 (c) DEFINITIONS.—In this Act, the following defini14 tions apply: 

15 (1) The term ‘‘cowshare’’ means an undivided 

16 interest in a milk-producing animal (such as a cow, 

17 goat, sheep, or water buffalo, or a herd of such ani18 mals) created by a written contractual relationship 

19 between a consumer and a farmer— 

20 (A) that includes a legal bill of sale to the 

21 consumer for an interest in the animal or dairy 

22 herd and a boarding contract under which the 

23 consumer boards the animal or dairy herd in 

24 which the consumer has an interest with the 

25 farmer for care and milking; and 


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1 (B) under which the consumer is entitled 

2 to receive a share of milk from the animal or 

3 dairy herd. 

4 (2) The term ‘‘milk’’ means the lacteal secre5 tion, practically free from colostrum, obtained by the 

6 milking of one or more healthy animals. 

7 (3) The term ‘‘milk product’’— 

8 (A) means a food product made from milk; 

9 and 

10 (B) includes low-fat milk, skim milk, 

11 cream, half and half, dry milk, nonfat milk, dry 

12 cream, condensed or concentrated milk prod13 ucts, cultured or acidified milk or milk prod14 ucts, kefir, eggnog, yogurt, butter, cheese, 

15 whey, condensed or dry whey or whey products, 

16 ice cream, ice milk, and other frozen dairy des17 serts. 

18 (4) The term ‘‘packaged for direct human con19 sumption’’ with respect to milk or milk products— 

20 (A) means packaged for the final consumer 

21 and intended for human consumption; and 

22 (B) does not apply if the milk or milk 

23 products are packaged for additional proc24 essing, including pasteurization, before being 

25 consumed by humans. 


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1 (5) The term ‘‘pasteurized’’ means the process 

2 of— 

3 (A) heating milk or milk products to the 

4 applicable temperature specified in the tables 

5 contained in section 1240.61 of title 21, Code 

6 of Federal Regulations (as in effect on the date 

7 of enactment of this Act); and 

8 (B) holding the milk or milk product con9 tinuously at or above that temperature for at 

10 least the corresponding specified time in such 

11 tables. 

12 (6) The term ‘‘unpasteurized’’ means not pas13 teurized. 

Æ 


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