Oklahoma lawmakers are considering relaxing state restrictions on the sale of unpasteurized milk.
House Bill 3056, which would allow producers to sell raw milk beyond the borders of their farm, cleared its latest legislative hurdle when representatives in the House Energy and Natural Resources Oversight Committee unanimously voted it forward Wednesday morning.
Authored by Rep. David Hardin, R-Stilwell, the bill would make it legal for farmers to sell unpasteurized milk at feed stores, farmer's markets or via delivery from the farm where it was produced.
Currently, it's illegal to sell raw milk anywhere but on farms, directly to consumers.
Milk sold at grocery stores has been heated to a certain temperature for a set amount of time to remove food-borne pathogens. Unpasteurized — or "raw" — milk has not.
The pasteurization process kills bacteria that can make people sick, including salmonella, E. coli and campylobacter. The bacteria and diseases associated with unpasteurized milk are especially dangerous to people with weaker immune systems, like older adults, pregnant women and children.
Hardin said he "would never go against pasteurizing milk" but wants to advocate for people in his district who are seeking an unprocessed option.
"This is a choice," Hardin said. "This is not forcing anybody to buy this. This is just opening up the market."
Hardin told committee lawmakers his wife buys a gallon of unpasteurized milk every week, to cook with.
"I'm guessing there are several people in this room that were raised on unpasteurized milk," he said. "And as far as I can tell, everybody here is still alive."
Some people believe there are health benefits to drinking unpasteurized milk, despite evidence to the contrary. Unpasteurized milk does not cure lactose intolerance, allergies or asthma, according to research compiled by the Food and Drug Administration. Officials at the administration also say there are no beneficial bacteria in raw milk for gastrointestinal health.
Although Hardin's original bill would have applied to donkey and horse milk as well, the version the committee approved would only enable expanded sales of cow, goat and sheep milk. Hardin said he doesn't know anyone who milks horses, and a donkey milk producer requested the animal be removed from the bill.
The Centers for Disease Control and Prevention recommends against consuming raw milk, though good practices on farms can reduce contamination risks.
Still, farmers can't guarantee safety from harmful germs, and the new law would make producers liable for illnesses caused by their products — a reality Hardin acknowledged and supports.
"I think that if you're going to produce the milk, then you should be liable for it," he said.
Rodney Holcomb, an Agricultural Economics professor and OSU Extension specialist, said he worries such legislation could expose producers to legal risks outweighing potential monetary gains from increased sales.
"What's the probability of somebody getting sick?" he said. "And what's the probability of a small farmer selling raw milk getting sued?"
Milk contamination is often imperceptible, Holcomb said. It might look and smell exactly the same.
"You could get a lot of people sick, but you're not going to know it for a few days," he said. "And by that time the more widely distributed the product, the greater probability of a higher number of people getting sick. It's a public health policy issue."
HB 3056 is one of at least six bills up for consideration this year aiming to change Oklahoma law about milk sales and milk pasteurization.
"It's just a balancing act," Holcomb said. "What are we, as a state, including our representatives, what are we going to decide is the greater — the risk or the reward?"
This report was produced by the Oklahoma Public Media Exchange, a collaboration of public media organizations. Help support collaborative journalism by donating at the link at the top of this webpage.
