Raw milk laws may be heavily amended by proposed new bill

Article owned and originally published by WDTV 5 News on Feb. 9, 2024.

Original Article

BRIDGEPORT, W.Va (WDTV) - A new bill has been introduced to the West Virginia Legislature on January 18th that aims to heavily amend the current laws surrounding the sale of raw milk.

The Center For Disease Control and Prevention (CDC), says raw milk is “milk that has not been pasteurized to kill harmful bacteria,” and claims “Raw milk can carry harmful germs, such as Campylobacter, Cryptosporidium, E. coli, Listeria, Brucella, and Salmonella. These germs can pose serious health risks to you and your family”.

House Bill 4911 would amend and reenact §19-1-7 of the Code of West Virginia, relating to the sale of raw milk by striking 48 lines of text and adding 6 new ones.

Some of the areas that the bill proposes to removed from the section include:

• A section that specified that raw milk intended for consumption must be from a herd that tested negative for brucellosis, tuberculosis, and other diseases as required by the state veterinarian within the previous 12 months.

• A section that stated additions to the herd shall test negative for the diseases within the previous 30 days before introduction into the herd.

• A section that specified milk-producing animals producing bloody, stringy, or abnormal milk, but with only slight inflammation of the udder, shall be excluded from the milking herd until reexamination shows that the milk has become normal.

• Milk-producing animals showing chronic mastitis, whether producing abnormal milk or not, shall be permanently excluded from the milking herd.

• A study from the National Library of Medicine says Bovine Mastitis is an inflammation of the mammary gland and is the most common disease of dairy cattle.

• A section saying that physicians who become aware of an illness directly related to consuming raw milk shall report the illness to the local health department and the Commissioner of Agriculture.

• Upon receipt of such a report, the Commissioner of Agriculture or his or her designee shall contact and warn other parties consuming raw milk from the same herd seller.

• A section allowing the Commissioner of Agriculture to impose fines on those who violated certain provisions of the section.

Some of the sections being added in the bill include:

• A section decreeing sales of raw milk are permitted in West Virginia as long as they are clearly labeled as raw milk.

• A section saying that a person who sells raw milk shall be “immune from suit and liability, for a claim for personal injury or other civil liability caused or arising out of, or relating to, an actual or alleged act, error, or omission that occurred.

• Provided, That a person is not protected from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct.

Officials from the WV House have clarified that the bill passed one House Committee and was referred to a second, but has yet to be debated there.