SPONSOR:	Rep. Outten & Sen. Lawson;
	Reps. Miro, Keeley; Sen. Hocker

HOUSE OF REPRESENTATIVES

147th GENERAL ASSEMBLY

HOUSE BILL NO. 150

AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO RAW MILK.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 31, Title 3 of the Delaware Code by making insertions as shown by underlining as follows:

Subchapter V. Raw Milk

§ 3179. Sale and Distribution of Raw Milk.

Unpasteurized milk and milk products sold or distributed directly to a final consumer for consumption and not for resale by a person holding a valid “raw milk permit” issued pursuant to this subchapter shall be exempt from the State of Delaware Milk Code.

§ 3180. Raw Milk Permit.

(a) The Department of Health and Social Services, in consultation with the Department of Agriculture, shall establish a raw milk permit program. The raw milk permit program shall allow the holder of a raw milk permit to sell, offer for sale, or otherwise make available raw milk directly to final consumers, but only at the farm or property where the raw milk is produced.  The Department of Health and Social Services shall issue a raw milk permit to an applicant after it has received, reviewed, and approved a permit application from the applicant, pursuant to the provisions of this section and any rules and regulations adopted pursuant thereto.

(b) The raw milk permit program shall require: (1) the applicant to be in compliance and, once a permit has been issued, to continue to be in compliance with all applicable provisions of Delaware laws, rules, and regulations; (2) the permit holder to submit to, and the Department of Health and Social Services to conduct inspections to ensure compliance with, the requirements prescribed in this section; and (3) the permit holder to post a notice conspicuously on the permit holder’s property stating that raw milk does not provide the protection of pasteurization.

(c) Not later than 120 days after the effective date of this subchapter, the Department of Health and Social Services shall promulgate such rules, regulations, and standards as are necessary to further the objectives and provisions of this subchapter, including but not limited to such rules, regulations, and standards concerning the testing, storing, and packaging of unpasteurized milk and milk products.

SYNOPSIS

This Bill legalizes the sale of unpasteurized, raw milk directly to a final consumer. The State of Delaware adopted, by Regulation, the United States Department of Health and Human Services’ Grade “A” Pasteurized Milk Ordinance 2009 Revision, as amended, (the “2009 PMO”) in May 2011. Section 9 of the 2009 PMO prohibits the sale of unpasteurized milk and milk products to the final consumer. This Bill creates an exception to this prohibition that would allow the sale of unpasteurized milk and milk products by only those persons holding a validly issued “raw milk permit.”

Currently, thirty states allow consumers to purchase raw milk. Of those 30, 12 allow consumers to purchase raw milk at retail stores. This bill, however, similar to the situation in many other states, would limit raw milk sales to the farm or property where the raw milk is produced.

This Bill further tasks the Department of Health and Social Services, in consultation with the Department of Agriculture, with establishing a raw milk permit program, as well as such rules, regulations, and standards as are necessary to further the objectives and provisions of this Bill and ensure the safety of the general public.