New Jersey Assembly Committee Passes Bill To Legalize Raw Milk
On Monday, a New Jersey Assembly committee unanimously approved a bill that would legalize limited raw milk sales in the state, taking an important step toward effectively nullifying a federal prohibition scheme in effect.
Assemblymen John DiMiao (R-Dist. 23) introduced Assembly Bill 696 (A696) earlier this year. The legislation would allow holders of a raw milk permit “to sell, offer for sale or otherwise make available raw milk directly to consumers but only at the farm or property where the raw milk is produced.”
Current New Jersey law imposes a complete ban on the sale, transport and importation of raw milk or raw milk products.
A696 would also create a permitting program, set sanitation standards for raw milk sellers, and establish labeling and signage regulations.
The Assembly Agriculture and Natural Resources Committee favorably reported A696 by a 5-0 vote.
Impact on Federal Prohibition
FDA officials insist that unpasteurized milk poses a health risk because of its susceptibility to contamination from cow manure, a source of E. coli.
“It is the FDA’s position that raw milk should never be consumed,” agency spokeswoman Tamara N. Ward said in November 2011.
The FDA’s position represents more than a matter of opinion. In 1987, the feds implemented 21 CFR 1240.61(a), providing that, “no person shall cause to be delivered into interstate commerce or shall sell, otherwise distribute, or hold for sale or other distribution after shipment in interstate commerce any milk or milk product in final package form for direct human consumption unless the product has been pasteurized.”
Not only do the Feds ban the transportation of raw milk across state lines, they also claim the authority to ban unpasteurized milk within the borders of a state.
“It is within HHS’s authority…to institute an intrastate ban [on unpasteurized milk] as well,” FDA officials wrote in response to a Farm-to-Consumer Legal Defense Fund lawsuit against the agency over the interstate ban.http://www.naturalblaze.com/2016/12/new-jersey-assembly-committee-passes-bill-to-legalize-raw-milk.html