H.R. 7880: Interstate Milk Freedom Act of 2026

This bill, titled the Interstate Milk Freedom Act of 2026, aims to prevent the federal government from interfering with the interstate transportation of unpasteurized milk and milk products that are packaged for direct human consumption. Here is a breakdown of what the bill proposes:

Key Provisions

• Prohibition of Federal Interference: The bill stipulates that no federal agency, department, or court can take action to restrict or regulate the movement of unpasteurized milk or milk products across state lines if certain conditions are met. This means that if the following criteria are followed, interstate trade of unpasteurized milk cannot be prohibited or regulated by federal authorities:
  • The unpasteurized milk or milk product must not be deemed adulterated, misbranded, or otherwise illegal solely because it is unpasteurized.
  • The state where the product originates must allow unpasteurized milk or milk products to be sold for direct human consumption.
  • The product must comply with the production and packaging laws of the originating state, including any labeling or warning requirements.
  • The intent must be to move the milk or milk product to another state that also allows such products for human consumption.
• No Preemption of State Laws: The bill includes a clause stating that it does not override any existing state laws. This means states can still have their own regulations regarding the sale and distribution of unpasteurized milk.

Definitions

To clarify the terms used in the bill, several definitions are provided:

• Cowshare: A legal agreement between a consumer and a farmer where the consumer obtains an interest in a milk-producing animal, allowing them to receive a share of the milk produced.
• Milk: Refers to the lacteal secretion from healthy animals without the colostrum.
• Milk Product: Includes various food items made from milk, such as cheese, yogurt, ice cream, and more.
• Packaged for Direct Human Consumption: Indicates that the product is intended for end consumers and not for further processing.
• Pasteurized: The heating process used to kill harmful bacteria in milk and milk products.
• Unpasteurized: Describes milk and milk products that have not undergone the pasteurization process.

Implications

By preventing federal restrictions, this bill is designed to promote the sale and distribution of unpasteurized milk in states that permit it. This could affect the market dynamics for producers and consumers of unpasteurized milk and related products, as federal regulations that currently limit distribution could be bypassed under the terms set forth in the bill.

Relevant Companies

• Dairy Farmers of America (DFA) - As a cooperative, DFA represents many dairy farmers and could see changes in market dynamics for unpasteurized milk distribution.
• HollisterStier (Holmstrom's and Stier's partnerships) - Their operations might be affected as they deal in dairy products, including potential unpasteurized offerings.