Interstate Milk Freedom Act of 2021

To prohibit Federal interference with the interstate traffic of unpasteurized milk and milk products that are packaged for direct human consumption. 1. Short title This Act may be cited as the Interstate Milk Freedom Act of 2021 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. 42 U.S.C. 264 (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 (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 (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 (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 (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

Summary: Interstate Milk Freedom Act of 2021 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 such products (1) would be considered in violation of federal law solely because they are unpasteurized; (2) are allowed by the state of origin to be distributed for direct human consumption by any means; (3) are produced, packaged, and moved in compliance with the laws of such state; and (4) 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.