Interstate Milk Freedom Act of 2021
Bill: H.R.4835 | Sponsor: Rep. Massie, Thomas (R-KY)
Policy area: Agriculture and Food

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.

To prohibit Federal interference with the interstate traffic of 
unpasteurized milk and milk products that are packaged for direct human 
                              consumption.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Interstate Milk Freedom 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.), 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 direct 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, 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'' means an undivided interest in a 
        milk-producing animal (such as a cow, goat, sheep, or water 
        buffalo, or a herd of such animals) 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.
            (2) The term ``milk'' means the lacteal secretion, 
        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 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'' 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 processing, including 
                pasteurization, before being consumed by humans.
            (5) The term ``pasteurized'' means the process of--
                    (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'' means not pasteurized.
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