By a vote of 95-1 today, the West Virginia House gave final approval to a bill that would legalize retail raw milk sales in the state with no restrictions or limits, as long as the containers are clearly labeled as unpasteurized raw milk. https://t.co/F4RAWW3pMO
— TenthAmendmentCenter (@TenthAmendment) March 11, 2024
Interesting article on the FDA's position on raw milk and what this passage does to federal prohibition in general.
CHARLESTON, W.Va. (March 11, 2024) – By a vote of 95-1 today, the West Virginia House gave final approval to a bill that would legalize retail raw milk sales in the state with no restrictions or limits, as long as the containers are clearly labeled as unpasteurized raw milk. Enactment would also take an important step toward further rejecting a federal prohibition scheme in practice and effect.
A group of delegates led by Del. Michael Hornby introduced House Bill 4911 (HB4911). Under the proposed law, retailers could sell raw milk in the state as long as the container is clearly labeled as “unpasteurized raw milk,” and includes the name and physical address of the seller, the date of production, and the following warning: “Consuming unpasteurized raw milk may increase your risk of foodborne illness, especially for children, elderly, immunocompromised individuals, and persons with certain medical conditions.”
On March 8, the Senate passed HB4911 with some amendments by a 28-5 vote. The Senate version removed provisions that would have given retailers immunity from civil liability related to the consumption of raw milk, except in cases of “intentional or willful and wanton misconduct.” It also added provisions authorizing the Commissioner of Agriculture to propose rules to regulate the sale of raw milk.
The House previously passed the bill by a 76-19 vote. Today, the House concurred with the Senate version by a vote of 95-1.
The enactment of this legislation would build on a law passed in 2016 that legalized raw milk consumption in West Virginia under so-called herd share agreements.
During the 2023 legislative session, Idaho and North Dakota expanded their raw milk sales and Iowa legalized limited raw milk sales.
