I 
117TH CONGRESS 
1ST SESSION H. R. 4835 
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 
JULY 29, 2021 
Mr. MASSIE (for himself, Ms. PINGREE, Mr. DAVIDSON, Mr. GOSAR, Mrs. 
GREENE of Georgia, Mr. GRIFFITH, Mr. GROTHMAN, Mr. PERRY, Mr. 
ROY, and Mr. SMUCKER) 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-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Interstate Milk Free-
dom Act of 2021’’. 
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.), 
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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 di-
rect 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, mis-
branded, 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 distrib-
uted for direct human consumption by any means, 
including any form of retail sale, direct farm to con-
sumer distribution, or cowshare; 
(3) the milk or milk product is produced, pack-
aged, 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 
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or milk product to another State which allows the 
distribution of unpasteurized milk or unpasteurized 
milk products for direct human consumption, as de-
scribed 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 defini-
tions 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 ani-
mals) 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. 
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(2) The term ‘‘milk’’ means the lacteal secre-
tion, 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 prod-
ucts, cultured or acidified milk or milk prod-
ucts, kefir, eggnog, yogurt, butter, cheese, 
whey, condensed or dry whey or whey products, 
ice cream, ice milk, and other frozen dairy des-
serts. 
(4) The term ‘‘packaged for direct human con-
sumption’’ 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 proc-
essing, including pasteurization, before being 
consumed by humans. 
(5) The term ‘‘pasteurized’’ means the process 
of— 
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(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 con-
tinuously at or above that temperature for at 
least the corresponding specified time in such 
tables. 
(6) The term ‘‘unpasteurized’’ means not pas-
teurized. 
Æ 
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