Raw Milk Bill Status
2012-2013


CheeseMilkFlagwideThe current legislative session in state houses promises to be active for raw milk bills. Legislation that would either legalize or expand the sale of raw milk has been introduced in Arkansas, Hawaii, Iowa, Indiana, Kansas, Massachusetts, Montana, Oklahoma, Rhode Island, Texas, Vermont, and Wyoming. A bill is also expected to be filed shortly in Wisconsin. Another bill introduced in 2012 in New Jersey is still alive with that state having a two-year legislative session.

Read the most recent update: State Raw Milk Bills

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Actions Posted Here:

Massachusetts   |   North Dakota   |   South Dakota



MASSACHUSETTS (MA)

Herdshares and Raw Milk Delivery – H.782 & H.717

The Joint Committee on Environment, Natural Resources and Agriculture is meeting Monday, June 3 from 10:00 a.m to 2:00 p.m. in David Prouty High School and will accept testimony from the public regarding bills on the agenda.

Monday, June 3 at 10 a.m. to 2 p.m.

      David Prouty High School
      302 Main Street
      Spencer, MA 01562 [directions]

Two bills impacting raw milk distribution will be considered: H.782 sponsored by William Smitty Pignatelli on access to raw dairy products through herdshares and H.717 sponsored by Anne Gobi for delivery of retail raw milk . Raw milk farmers, consumers and supporters are urged to attend the hearing and to offer either oral or written testimony in support of this bill.

About H.717, ‘An Act Relative to the Distribution of Raw Milk’:
Currently, state law allows dairy farmers, if licensed by the state, to sell raw milk to customers who come to the farm. The milk is regularly inspected and must meet the same standards of safety as milk which has been pasteurized. But the high price of fuel makes it hard for individuals to travel sometimes an hour or more to pick up small quantities of milk, and the state has refused to sanction cooperative buying clubs for this purpose. [Read more at www.nofamass.org]

About H.782, ‘An Act authorizing owners to utilize products cows or goats’:
This bill would provide an exclusion for “the owner, or any person owning a share of a cow or goat, who is using any product derived from such animal for personal consumption.”

ACTION TO TAKE

1. Attend the public hearing on June 3.

2. Contact members of the Joint Committee on Environment, Natural Resources and Agriculture and ask them to vote YES on H.782 and H.717

3. Call or email your state legislators and ask them to support H.717 and H.782. The main switchboard number for legislators is 617-722-2000.

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NORTH DAKOTA (ND)

UPDATE 7/13/13: SB 2072 Signed by Governor Allowing Herdshares

Read North Dakota – Herdshare Bill Signed into Law- See Updated Raw Milk Nation Map

Urgent Action Alert

Herdshares Threatened in North Dakota
House Ag Committee Hearing at 9 a.m. Thursday, Mar. 14

litigation-milk 
SB 2072 Amendment to Ban Herdshares
Senate Bill SB 2072, an act to amend North Dakota dairy products regulations, has passed out of the Senate and is scheduled for a hearing tomorrow morning in the House Agriculture Committee at 9:00 a.m.

We have been informed by one of our members that an amendment to SB 2072 will be introduced that will ban herdshares in North Dakota.

This amendment needs to be stopped!

TAKE ACTION

1. Call Committee Members immediately and ask that they reject any amendment to SB 2072 that would ban herdshares in North Dakota. Below is a list of members on the House Agriculture Committee.

2. Attend Committee Hearing, if at all possible.

    9 a.m. Thursday, March 14
    North Dakota State Capitol
    600 East Boulevard
    Bismarck, ND 58505-0360 [directions]

3. Email Committee Members asking them, “Please reject any amendment to SB 2072 that would ban herdshares in North Dakota.” Then add any additional comments; see the Talking Points below. You may copy and paste the following list in the “To” field of your email:

djohnson@nd.gov; jwall@nd.gov; wbelter@nd.gov; jboschee@nd.gov; afehr@nd.gov; jehaak@nd.gov; cheadland@nd.gov; jaheilman@nd.gov; dhkiefert@nd.gov; dklarson@nd.gov; menelson@nd.gov; drust@nd.gov; wtrottier@nd.gov

TALKING POINTS
    1. The consumption of raw milk is legal in North Dakota.

    2. Raw milk distributed through a herdshare agreement is the only way North Dakota residents can legally obtain raw milk at this time.

    3. People who board their own dairy animals can consume raw milk without a problem. Why should someone with an ownership interest in a dairy animal be punished just because they don’t have the land, time, and expertise to board and care for that animal?

    4. A herdshare ban would deny farmers an opportunity to earn income from boarding others’ dairy livestock. This could lead to other lost income for farmers, e.g., sales of eggs, poultry, meat and produce.

If the amended bill does pass out of the committee it can still be defeated; but the best time to stop it is NOW!

STAY TUNED!
There will be future alerts if developments warrant. Please check the Farm-to-Consumer Legal Defense Fund website and the Fund’s Facebook page for updates.

Read the bill, SB 2072, as passed by the Senate and introduced in the House

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HOUSE AGRICULTURE COMMITTEE MEMBERS

If you are a constituent of one of the Committee Members, please let them know you are when you call them. To find out who represents you at www.legis.nd.gov, click on “Find My Legislators who represents you“—you’ll need the house number from your street address and the zip code (without hyphens if 9 digits).

Rep. Dennis Johnson (R-15), Chair
701-662-4998 home
701-739-9328 cell
djohnson@nd.gov

Rep. John Wall (R-25), Vice Chair
701-642-2103 home
jwall@nd.gov

Rep. Wesley R. Belter (R-22)
701-532-0311 home/office
wbelter@nd.gov

Rep. Joshua A. Boschee (D-44)
701-367-3513 home
701-367-3513 cell
jboschee@nd.gov

Rep. Alan Fehr (R-36)
701-225-1050 office
701-590-0136 cell
afehr@nd.gov

Rep. Jessica Haak (D-12)
701-952-1110 office
701-320-5044 cell
jehaak@nd.gov

Rep. Craig Headland (R-29)
701-489-3184 home
701-269-2230 cell
cheadland@nd.gov

Rep. Joe Heilman (R-45)
701-850-3800 home
jaheilman@nd.gov

Rep. Dwight Kiefert (R-24)
701-845-0760 home
dhkiefert@nd.gov

Rep. Diane Larson (R-30)
No phone(s) listed
dklarson@nd.gov

Rep. Marvin E. Nelson (D-9)
701-477-3422 home
701-550-9731 cell
menelson@nd.gov

Rep.David S. Rust (R-2)
701-664-3508 home
701-216-0270 cell
drust@nd.gov

Rep. Wayne Trottier (R-19)
701-587-5040 home
701-238-0763 cell
wtrottier@nd.gov



SOUTH DAKOTA (SD)

South Dakota Raw Milk in Jeopardy

UPDATE 1/31/14: Raw Milk bill SB 126 introduced

Read Hearing Report and use online petition to Email SDDA by noon Central, Oct. 21, 2013

KeepRawMilkFlowing-SD2A
Residents of South Dakota and bordering states, please email SDDA at agmail@state.sd.us
by noon Central October 21, 2013
.

ONLINE PETITION – Email SDDA

Spread the word: bit.ly/ftcsd-2

 
The South Dakota Department of Agriculture (SDDA) seems determined to stop the sale of raw milk in South Dakota. SDDA has held four hearings this year on proposed raw milk regulations that will be financially detrimental to producers, and literally could put them out of business which in turn eliminates freedom of choice for the consumer.

The rules will not increase public safety; instead, they will add a lot of burdensome red tape.

Take action today! Tell SDDA to drop the proposed raw milk rules. To make specific comments, see Action Alert for details

    Comment online or Mail comments to:
    South Dakota Department of Agriculture
    Ag Services
    523 E. Capitol Ave.
    Pierre, SD 57501-3182

If you care about maintaining food freedom of choice, PLEASE send an email to SDDA at agmail@state.sd.us by noon Central on October 21, 2013.

TALKING POINTS – see specific changes requested:

    Raw dairy producers are small business people who have chores morning and night, and it will require great sacrifice for them to attend yet another hearing in Pierre. In this era of state budget cost consciousness the taxpaying citizens of South Dakota will pay twice in footing the bill for a second hearing.

    Producers of raw milk for commercial sale in South Dakota are already subject to health testing, labeling, and other safety precautions; they have been selling raw milk safely for years. SDDA’s proposed rules do not increase public safety; instead, they add a lot of burdensome red tape.

    Despite the fact that over a dozen people testified at the July 26th SDDA meeting and hundreds of written comments were submitted, SDDA made NO changes to the July 3rd version of rules. It’s fair to say that SDDA has violated its own procedures [SDCL 1-26-4(7): "After the written comment period, the agency shall fully consider all amendments, data, opinions, or arguments regarding the proposed rule...."]

    The proposed rules will create an economic barrier and encroach on personal freedoms. The bottom line is that the impact of these rules will be financially detrimental to the producer, and literally could put them out of business which in turn eliminates the choice of the consumer.

UPDATE 10/16/13: SDDA Meeting October 9th – See ACTION ALERT
SDDA will continue to accept comments on the THE SAME SET OF RULES (July 3rd version) until noon Central, October 21, 2013.

UPDATE 8/21/13: THANK YOU, EVERYONE, for your support of our SD raw dairy farmers!!! We made a difference – today the Leg Rules Review Committee voted 3 to 2 to require the Ag Dept to revert the raw milk rules to a previous step…and that step is yet to be determined. Stay tuned! – Black Hills Food Freedom

UPDATE 8/16/13: Easy FREE eMail Petition
Attend Meeting August 20th & Contact LRRC Members – ACTION ALERT: Proposed Rules (July 3rd Version) submitted to the Legislative Rules Review Committee (LRRC) without any of the requested changes from July 26/August 5.

UPDATE 7/25/13: SDDA Meeting July 26th at 9:00 a.m. – See ACTION ALERT
Proposed Rule Amended – See Revised Letter to send by August 5, 2013

UPDATE 6/12/13: Deadline for Comments Extended – See ACTION ALERT
Proposed Raw Milk Rules – See Sample Letter to send by June 17, 2013

ATTENTION:  Raw Milk / Food Freedom Advocates

Deadline for submitting letters extended to June 17

If you already submitted this letter, thank you very much!  If not, please consider doing so and make extra copies for your friends and family to submit.

The South Dakota Department of Agriculture (SDDA) held a hearing on June 6th  in Pierre to introduce a set of new rules specifically for raw milk.  Seventeen producers and concerned individuals attending the hearing, many voicing their opposition to the proposed regulations.

SDDA’s stated plan was to clear up all the confusion surrounding current raw milk rules.  Instead, they are even more confusing, and have added more rules that are burdensome and inconsistent with current law.  The new proposed rules create an economic barrier and encroach on personal freedoms.  You can see how this will eliminate any small farmer from selling raw milk – which also eliminates the freedom to purchase and consume the milk of choice.  Originally these letters were due on June 5th.  The department has extended the deadline to June 17.

It is important to get as many people as possible to write comments to the SDDA by June 17th.


SD: ACTION TO TAKE BY JUNE 17, 2013

SD-RawMilk--LucasLentschIf you care about maintaining the freedom of choice on this matter PLEASE RESPOND BY MAILING THE FORM LETTER TO:

      South Dakota Department of Agriculture
      Ag Services
      523 E. Capitol Ave.
      Pierre, SD 57501

In order to keep our freedom of food choice your letter needs to arrive by June 17th at the SD Department of Agriculture (even if it is after June 17th please send your letter).  Feel free to copy your letter to the Governor and your elected officials.

Governor Dennis Daugaard – www.sd.gov/governor/contact.aspx
Who Are My Legislators? – www.legis.state.sd.us/who/index.aspx

Our voices can make a difference!
They did in 2009 when SDDA received 266 letters from raw milk supporters!
Your participation WILL make a difference!

Below is a list of key issues to address and a form letter which you can either sign and send, or re-write in your own words.

Please send your letter to the SDDA

Thank you!

      Lila Streff  (Black Hills Goat Dairy), 605-673-3554
      e-mail: bhgoatdairy@goldenwest.net

      John and Dawn Habeck (Black Hills Milk, LLC), 877-995-0004
      e-mail: jdhabeck@mato.com


SD: KEY ISSUES

MAINTAINING FREEDOMS

The language “offer or provide” in the proposed rules is inappropriate and inconsistent with statute which only refers to the selling of raw milk.  (This is KEY because it would make even providing raw milk to your family and friends illegal unless you have a permit.)

UNREALISTIC RULES – FINANCIALLY BURDENSOME

They are imposing additional tests and more stringent testing limits which are unattainable with raw milk because it contains naturally occurring beneficial bacteria.

The bottom line is that the impact of these rules will be financially detrimental to the producer, and literally could put them out of business which in turn eliminates the choice of the consumer.  The impact of these rules to the consumer will keep us from providing raw milk to family and friends.

FOR THE LATEST UPDATES:

www.facebook.com/blackhillsfoodfreedom

www.blackhillsgoatdairy.com

www.facebook.com/BlackHillsGoatDairy

www.blackhillsmilk.com


SD: FORM LETTER TO SDDA – JUNE 2013

UPDATE 7/25/13: See ACTION ALERT

Attend July 26 Meeting & Request Changes to July 3rd Version
PRINT COPY OF REVISED LETTER & INFO for August 5, 2013 deadline

=================
PRINT COPY OF LETTER & INFO for June 17, 2013 deadline (as appears below)

Date: ______________________

South Dakota Department of Agriculture (SDDA)
Dairy & Egg Office
523 E. Capitol Ave.
Pierre, SD 57501

Re: Proposed Raw Milk Rules

Dear SDDA Personnel:

As a South Dakota citizen and consumer of raw milk, I am concerned about the proposed raw milk rules putting small farmers out of business, and consumers losing access to raw milk.  The new proposed rules create an economic barrier and encroach on personal freedoms.  These rules will eliminate any small farmer from selling raw milk – which also eliminates the freedom to purchase and consume the milk of one’s choice.  The following are my specific concerns and requests for changes:

1) SDCL 39-6-9  At the April 15, 2013 meeting with the SDDA in Rapid City, raw milk consumers and producers asked SDDA representatives Darwin Kurtenbach and Courtney De La Rosa if the SDDA has statutory authority to promulgate rules for raw milk under 39-6-9 and they said no; 39-6-9 only refers to pasteurized milk and it would be removed from the draft raw milk rules presented at that meeting.  Pursuant to that discussion, please remove all references to 39-6-9 in these proposed raw milk rules in Chapter12:81.

2) 12:81  Change the wording in the proposed rules of “bottled raw milk for human consumption” so that it refers only to the SALE of raw milk for human consumption. In any section where the words of “offer and provide” occur, they should be omitted /changed to “sell” or be clearly stated as pertaining only to the sale of raw milk.

3) 12:81:03:01  Delete “There shall be no direct openings between the milk packaging area and milking operations” because this will cost producers extra money, cause major inconvenience, and does not contribute to public health.

4) 12:81:02:02, 12:81:03:04  Delete pathogen testing requirements – Utah just eliminated pathogen testing of raw milk in April 2013.

5) 12:81:03:03  Delete the coliform count testing requirement.  Raw milk contains naturally occurring, beneficial bacteria which come out of the animal higher than the limit of 10.

6) 12:81:03:04   Delete all of 12:81:03:04.

7) 12:81:03:05  Delete the warning label requirement because it is impossible for the producers to attach such a label to their current bottles and it would be prohibitively expensive to buy new bottles causing a significant financial impact.

8) 12:81:03:06   Delete 12:81:03:06 as, according to the South Dakota Animal Industry Board, South Dakota is a brucellosis- and tuberculosis-free state and current regulations are sufficient.

9) 12:81:04 Delete this entire Section because it relies on the existing confusing pasteurized milk rules, and also because these have process-related changes (e.g. physical facility requirements).  These provisions need to be rejected and the proposed changes need to be removed.

Thank you for making these changes.
Sincerely,
Name __________________________________________________
Address  ________________________________________________
________________________________________________________

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SDDA RULES AS AMENDED PER JUNE REQUESTS
VIEW AMENDED PROPOSED RULES FOR JULY 9th MEETING(S)
VIEW CHANGES REQUESTED JUNE 2013

1) SDCL 39-6-9 At the April 15, 2013 meeting with the SDDA in Rapid City, raw milk consumers and producers asked SDDA representatives Darwin Kurtenbach and Courtney De La Rosa if the SDDA has statutory authority to promulgate rules for raw milk under 39-6-9 and they said no; 39-6-9 only refers to pasteurized milk and it would be removed from the draft raw milk rules presented at that meeting. Pursuant to that discussion, please remove all references to 39-6-9 in these proposed raw milk rules in Chapter12:81.

    Remains (except deleted sections)

2) 12:81 Change the wording in the proposed rules of “bottled raw milk for human consumption” so that it refers only to the SALE of raw milk for human consumption. In any section where the words of “offer and provide” occur, they should be omitted /changed to “sell” or be clearly stated as pertaining only to the sale of raw milk.

    Changed:  Most occurrences changed to sale/sell/sold, etc. except “Sale of” not added to:

      12:81:02:01  Bottled raw milk for human consumption – permits required.

      12:81:02:02 Bottled raw milk for human consumption – Minimum permit requirements.

3) 12:81:03:01 Delete “There shall be no direct openings between the milk packaging area and milking operations” because this will cost producers extra money, cause major inconvenience, and does not contribute to public health.

    Rephrased: Bottled raw milk for human consumption must be packaged on the farm where it is produced. There shall may not be no any direct openings between the milk packaging area and milking operations.  Packaging must be done in a sanitary manner with sanitary equipment.

4) 12:81:02:02, 12:81:03:04 Delete pathogen testing requirements – Utah just eliminated pathogen testing of raw milk in April 2013.

    Remains (with slight edits)

5) 12:81:03:03 Delete the coliform count testing requirement. Raw milk contains naturally occurring, beneficial bacteria which come out of the animal higher than the limit of 10.

    Remains:  “(4) Coliform: Not to exceed 10 per ml;”

6) 12:81:03:04 Delete all of 12:81:03:04.

    Remains (with edits)

7) 12:81:03:05 Delete the warning label requirement because it is impossible for the producers to attach such a label to their current bottles and it would be prohibitively expensive to buy new bottles causing a significant financial impact.

    Remains (with slight edits)

8) 12:81:03:06 Delete 12:81:03:06 as, according to the South Dakota Animal Industry Board, South Dakota is a brucellosis- and tuberculosis-free state and current regulations are sufficient.

    Deleted but still referenced in other sections (e.g., 12:81:02:01)

9) 12:81:04 Delete this entire Section because it relies on the existing confusing pasteurized milk rules, and also because these have process-related changes (e.g. physical facility requirements). These provisions need to be rejected and the proposed changes need to be removed.

    Remains (with slight edits)

 

LEGISLATIVE RULES REVIEW COMMITTEE (LRRC)
SDRawMilk_sd-seal-smThe South Dakota Legislative Rules Review Committee (LRRC) will be in Pierre for the August 20th meeting regarding the proposed raw milk rules. Please call and/or email the members so they can receive your comments prior to the meeting.

Please be courteous and respectful; these legislators are likely to be neutral. If you’re their constituent, mention that to your legislator(s).

Senator Angie Buhl O’Donnell (R-15: Minnehaha County)
521 N. Prairie
Sioux Falls, SD 57104
sen.buhl@state.sd.us
605-773-3821 Capitol ph
605-376-2512 Home ph

Representative Peggy Gibson (D-22: Beadle, Kingsbury Counties)
1010 Valley View Court
Huron, SD 57350-4221
rep.gibson@state.sd.us
605-773-3851 Capitol ph
605-352-9862 Home ph

Representative Anne Hajek (R-14: Minnehaha County)
P.O. Box 1779
Sioux Falls, SD 57101
rep.hajek@state.sd.us
605-335-5456 Bus. ph
605-338-8640 Home ph

Senator Jean Hunhoff (R-18: Yankton County)
2511 Mulligan Dr.
Yankton, SD 57078
sen.hunhoff@state.sd.us
605-773-3821 Capitol ph
605-668-8312 Bus. ph
605-665-1463 Home ph

Representative Timothy Johns (R-31: Lawrence County) – Chairman
203 W. Main St.
Lead, SD 57754
rep.johns@state.sd.us
605-717-2889 Bus. ph

Senator Mike Vehle (R-20: Aurora, Davison, Jerauld Counties) – Vice Chair
132 N. Harmon Drive
Mitchell, SD 57301
sen.vehle@state.sd.us
605-773-3821 Capitol ph
605-996-5778 Home ph


MEETING LOCATIONS FOR AUGUST 20, 2013
South Dakota - Digital Dakota NetworkThese locations are part of the Digital Dakota Network (DDN), a statewide interactive video communications system using compressed digital technology to provide a “meeting pipeline” across the state of South Dakota and the global community. Each site has a designated Site Coordinator to assist with setup of equipment and demonstrating how the system is used. If possible, attendees should arrive at least 15 minutes prior to start time for an orientation.

 
MITCHELL – Central time zone
Mitchell Technical Institute, Room TC 155
1800 E. Spruce St.
Mitchell, SD 57301
(605) 995-3025

Directions:
https://maps.google.com/maps?oe=utf-8&client=firefox-a&ie=UTF-8&q=Mitchell+Technical+Institute+1800+E.+Spruce,+SOUTH+DAKOTA&fb=1&gl=us&hq=Mitchell+Technical+Institute+1800+E.+Spruce,+SOUTH+DAKOTA&cid=0,0,16198407724750160807&ei=yszTUayDD46K9gTX9IGgAQ&ved=0CDoQrwswAQ

PIERRE – Central time zone (This room is not a DDN Site)
Capitol Building, Room 414
500 East Capitol Avenue
Pierre, SD 57501-5070
(605) 773-3251

Directions:
https://maps.google.com/maps?oe=utf-8&client=firefox-a&ie=UTF-8&q=Capitol+Building,+Pierre,++south+dakota&fb=1&gl=us&hq=Capitol+Building,+Pierre,++south+dakota&hnear=Capitol+Building,+Pierre,++south+dakota&cid=0,0,611217508364858093&ei=98rTUZ6ZE5T29gTx-oCwCQ&ved=0CDwQrwswAA

SIOUX FALLS – Central time zone
University Center, FADM 145
4801 N. Career Ave,
Sioux Falls, SD
(605) 367-5640

Directions:
https://maps.google.com/maps?oe=utf-8&client=firefox-a&ie=UTF-8&q=University+Center,+4801+N.+Career+Ave,++Sioux+Falls,+SD&fb=1&gl=us&hq=University+Center,+4801+N.+Career+Ave,++Sioux+Falls,+SD&hnear=University+Center,+4801+N.+Career+Ave,++Sioux+Falls,+SD&cid=0,0,5549623301318393544&ei=0s3TUZX0H4m08QSy4YGIAg&ved=0CDIQrwswAA

SPEARFISH – Mountain time zone
Black Hills State University, LIB 011
1200 University Station Street (may show as Blvd)
Spearfish, SD
(605) 642-6834

Directions:
https://maps.google.com/maps?ie=utf-8&gl=us&daddr=1200+University+Blvd,+Spearfish,+SD+57799&panel=1&f=d&fb=1&dirflg=d&geocode=0,44.497713,-103.872624&cid=0,0,12734706962679549809&hq=1200+University+Station,+Spearfish,+SD

YANKTON – Central time zone
Department of Transportation
1306 W. 31st Street
Yankton, SD 57078
(605) 668-2929

Directions:
https://maps.google.com/maps?oe=utf-8&client=firefox-a&ie=UTF-8&q=Department+of+Transportation+1306+W.+31st+Street+Yankton,+SD&fb=1&gl=us&hq=Department+of+Transportation&hnear=0x878fa0476d20aebb:0xbaae3c04b03ab7a9,1306+31st+St,+Yankton,+SD+57078&cid=0,0,11378098716848482485&ei=eNbTUfP6BoHC9QSs1IDoDQ&ved=0CEUQrwswAw

Last Updated: 6/12/13
Additions:
SD – 6/12/13

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