North Carolina HB 609: Option for Raw Milk Consumption.
Status: Passed 1st Reading (as of 2025-04-01)
State: North Carolina · Session: 2025 · Bill: HB 609
Subjects: AGRICULTURE; AGRICULTURE DEPT.; BOARDS; FOODS & BEVERAGES; LICENSES & PERMITS; DAIRY PRODUCTS; PUBLIC; PUBLIC HEALTH; AGRICULTURE BOARD
Sponsors: Riddell, Winslow, Adams, Ager, Almond, Balkcom, Biggs, Dahle, Harrison, Johnson, Kidwell, N. Jackson, Scott, Willingham
Bill Text
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2025 H 1 HOUSE BILL 609 Short Title: Option for Raw Milk Consumption. (Public) Sponsors: Representatives Winslow, Riddell, Adams, and McNeely (Primary Sponsors). For a complete list of sponsors, refer to the North Carolina General Assembly web site. Referred to: Agriculture and Environment, if favorable, Rules, Calendar, and Operations of the House April 1, 2025 *H609-v-1* A BILL TO BE ENTITLED 1 AN ACT TO ALLOW ADDITIONAL SALES OF NATURAL, UNPASTEURIZED MILK. 2 The General Assembly of North Carolina enacts: 3 SECTION 1. G.S. 106-266.35 reads as rewritten: 4 "§ 106-266.35. Sale or dispensing of milk. 5 (a) Except as provided in subsection (d) of this section: 6 (1) Only milk that is Grade "A" pasteurized milk may be sold or dispensed 7 directly to consumers for human consumption. 8 (2) Raw milk and raw milk products shall be sold or dispensed only to a permitted 9 milk hauler or to a processing facility at which the processing of milk is 10 permitted, graded, or regulated by a local, State, or federal agency. 11 (b) The Board of Agriculture may adopt rules to provide exceptions for dispensing raw 12 milk and raw milk products for nonhuman consumption. Any raw milk or raw milk product 13 dispensed as animal feed shall include on its label the statement "NOT FOR HUMAN 14 CONSUMPTION" in letters at least one-half inch in height. Any raw milk or raw milk product 15 dispensed as animal feed shall also include on its label the statement "IT IS NOT LEGAL TO 16 SELL RAW MILK FOR HUMAN CONSUMPTION IN NORTH CAROLINA." This labeling 17 requirement does not apply to raw milk or raw milk products dispensed for personal use or 18 consumption to the independent or partial owner of a cow, goat, or other lactating animal. 19 (c) As used in this section, the term "sale" or "sold" means any transaction that involves 20 the transfer or dispensing of milk and milk products or the right to acquire milk and milk products 21 through barter or contractual arrangement or in exchange for any other form of compensation. 22 The term "sale" or "sold" does not include the transfer or dispensing of raw milk or raw milk 23 products to, or the right to acquire raw milk or raw milk products by, the independent or partial 24 owner of a cow, goat, or other lactating animal. 25 (d) Nothing in this section shall prohibit the dispensing of raw milk or raw milk products 26 for personal use or consumption to, or the under the following circumstances: 27 (1) The acquisition of raw milk or raw milk products for personal use or 28 consumption by, by an independent or partial owner of a cow, goat, or other 29 lactating animal. 30 (2) Sale of grade "A" raw milk, cream, and raw milk products as set forth in 31 G.S. 106-266.35A." 32 SECTION 2. Article 28C of Chapter 106 of the General Statutes is amended by 33 adding a new section to read: 34 General Assembly Of North Carolina Session 2025 Page 2 House Bill 609-First Edition "§ 106-266.35A. Retail sale of raw milk and raw milk products. 1 (a) The following definitions apply in this section: 2 (1) Department. – The Department of Agriculture and Consumer Services. 3 (2) Eligible farmer. – The owner or operator of a farm producing raw milk or raw 4 milk products. 5 (3) Farm of origin. – The farm where the raw milk or raw milk product was bottled 6 or created and placed in containers. 7 (4) Farm stand. – A structure used for the display and sale of dairy products and 8 other farm commodities that is no more than 1,000 square feet in size and 9 which offers for sale to the public dairy products and agricultural commodities 10 grown or produced by the owner or operator of the farm stand. 11 (5) On the farm. – With respect to the location of permissible sales of raw milk 12 and raw milk products, at the farm of origin or at a farm stand owned or 13 operated by the owner of that farm in a different location in this State within 14 100 miles of the farm of origin. This term does not include a restaurant, snack 15 bar, soda fountain, or similar establishment selling prepared foods to the 16 public. 17 (6) Raw milk license. – A license issued by the Department to the owner or 18 operator of a farm that allows the sale or dispensing of raw milk and raw milk 19 products to consumers for personal use or consumption on the farm. 20 (7) Raw milk product. – Cream, cottage cheese, buttermilk, butter, kefir, and other 21 cheeses made from grade "A" raw milk. 22 (b) The Department may issue a raw milk license for a period not to exceed one year and 23 subsequent license renewals for a like term to an eligible party if the following conditions are 24 met: 25 (1) The Department inspects the farm owned or operated by the eligible farmer 26 and determines that the farm is in compliance with the applicable provisions 27 of this Article and all other federal and State requirements applicable to grade 28 "A" milk with the exception of a requirement for pasteurization. 29 (2) The eligible
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