I 

114TH CONGRESS 

1ST SESSION H. R. 3563 

To authorize the interstate traffic of unpasteurized milk and milk products 

that are packaged for direct human consumption. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 18, 2015 

Mr. MASSIE (for himself, Ms. PINGREE, Mr. RIGELL, Mr. NUGENT, Mr. 

ROHRABACHER, Mr. JONES, Mr. BRAT, Mr. POLIS, Mr. AMASH, Mr. 

MEADOWS, Mr. MCCLINTOCK, and Mr. GOHMERT) introduced the following bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To authorize 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 ‘‘Milk Freedom Act of 

5 2015’’. 


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1 SEC. 2. INTERSTATE TRAFFIC OF UNPASTEURIZED MILK 

2 AND MILK PRODUCTS. 

3 (a) SALE ALLOWED.—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 issued under 

7 such Act or section, a Federal department, agency, or 

8 court may not take any action (such as administrative, 

9 civil, criminal, or other actions) that would prohibit, inter10 fere with, regulate, or otherwise restrict the interstate 

11 traffic of milk, or a milk product, that is unpasteurized 

12 and packaged for direct human consumption, if such pro13 hibition, interference, regulation, or restriction is based on 

14 the determination that, solely because such milk or milk 

15 product is unpasteurized, such milk or milk product is 

16 adulterated, misbranded, or otherwise in violation of Fed17 eral law. 

18 (b) DEFINITIONS.—In this section, the following defi19 nitions apply: 

20 (1) The term ‘‘milk’’ means the lacteal secre21 tion, practically free from colostrum, obtained by the 

22 milking of one or more healthy animals. 

23 (2) The term ‘‘milk product’’— 

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

25 and 


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

2 cream, half and half, dry milk, nonfat milk, dry 

3 cream, condensed or concentrated milk prod4 ucts, cultured or acidified milk or milk prod5 ucts, kefir, eggnog, yogurt, butter, cheese, 

6 whey, condensed or dry whey or whey products, 

7 ice cream, ice milk, and other frozen dairy des8 serts. 

9 (3) The term ‘‘packaged for direct human con10 sumption’’ means milk and milk products that are 

11 packaged for the final consumer and intended for 

12 human consumption. Such term does not include 

13 milk and milk products that are packaged for addi14 tional processing, including pasteurization, before 

15 being consumed by humans. 

16 (4) The term ‘‘pasteurized’’ means the process 

17 of heating milk and milk products to the applicable 

18 temperature specified in the tables contained in sec19 tion 1240.61 of title 21, Code of Federal Regula20 tions (or successor regulations), and held continu21 ously at or above that temperature for at least the 

22 corresponding specified time in such tables. 

23 (5) The term ‘‘unpasteurized’’ means not pas24 teurized. 

Æ 


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