HOUSE OF REPRESENTATIVES	H.B. NO.	536
THIRTIETH LEGISLATURE, 2019
STATE OF HAWAII

A BILL FOR AN ACT

relating to raw milk.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that many people wish to consume unpasteurized raw milk and raw milk products for various reasons, including its taste and potential health benefits. According to the National Conference of State Legislatures, Arizona, California, Connecticut, Idaho, Maine, New Hampshire, New Mexico, Nevada, Pennsylvania, South Carolina, Utah, and Washington all permit the sale of raw milk in retail stores, while Arkansas, Illinois, Kansas, Kentucky, Massachusetts, Minnesota, Nebraska, New York, Oklahoma, Rhode Island, Texas, and Wisconsin all allow the sale of raw milk on farms.

The legislature also finds that when properly produced, raw milk remains as safe as pasteurized milk, however, raw milk has taste and health benefits that may otherwise be destroyed in the double pasteurization process. Additionally, raw milk contains certain bacteria that are essential flavor components of many cheese varieties.

Accordingly, the purpose of this Act is to allow milk producers to sell raw milk and raw milk products directly from a farm to consumers.

SECTION 2. Chapter 157, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§157- Raw milk and raw-milk products; labeling. (a) Notwithstanding any provision to the contrary, a producer may sell raw milk and raw milk products directly to consumers, subject to rules adopted by the board pursuant to subsection (b); provided that the farm or facility from which the raw milk or raw milk product originated contains no more than two milk-bearing cows.

(b) The board shall adopt rules concerning the direct sale to consumers of raw milk and raw milk products no later than July 1, 2020, in accordance with chapter 91; provided that any rules adopted pursuant to this section shall:

(1) Include conditions similar to those found in the administrative rules of other states that allow the sale of raw milk and raw milk products;

(2) Ensure the non-contamination of raw milk in the production and sale of raw milk and raw milk products; and

(3) Regulate the sharing of cows in the production of raw milk.

(c) Each container of raw milk or raw milk products intended for sale shall display the following:

(1) A label that reads, "RAW MILK", "RAW MILK PRODUCT", or "CONTAINS RAW MILK PRODUCTS", as applicable; and

(2) A precautionary statement that reads, "Contains pathogens that may be unsafe to consume"."

SECTION 3. Section 157-1, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:

""Raw milk" means milk that has not been pasteurized or otherwise treated with heat.

"Raw milk product" means any product produced from raw milk, including but not limited to cheese, kefir, and yogurt."

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Raw Milk; Agriculture; Health; Offer for Sale

Description:

Authorizes the sale of raw milk and raw milk products with restrictions.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.