2018 Bills

SB 108: Lowering the Barrier to Raw Milk

This bill passed the Senate with a vote of 21-6 and the House with a unanimous vote.

Libertas Institute supports this bill

Staff review of this legislation finds that it is aligned with our principles and merits support.

Current law imposes a number of barriers for the retail sale of raw milk, making it difficult for interested and informed consumers to access this product.

Senator David Hinkins has introduced Senate Bill 108 to lower the regulatory barrier for interested individuals to engage in raw milk commerce.

Specifically, the bill allows milk producers to sell up to 120 gallons of raw milk monthly directly to a consumer if:

  • the milk is for household use and not for resale;
  • the sale and delivery of the milk takes place at the same location where the milk is produced; and
  • the producer labels the milk with a “sell-by” date and information letting the consumer know that the milk has not been licensed or inspected, and how it should be handled to preserve quality and avoid contamination or spoilage.

Current law also allows for retail establishments that meet several regulations to sell raw milk in their store. SB 108 amends this option to also allow milk to be sold from a “mobile refrigerated truck” (like a food truck) or a farmer’s market.

  • Shari Thomas

    It’s about time. We live 18 miles from the nearest town and 45 miles or 60 miles from the larger populations. This law would be beneficial as long as it includes goat milk and spells out exactly how we have to deliver.

  • Peggy Boone

    We need this Bill. Thanks for supporting it. I have been selling milk for several years via Herd Share. We take pride in providing a safe product… I have a Food Handler’s Permit, We ice water bath our milk asap after extracting from the doe, double filter.. We have a clean room and also a bottling room, self-owned store, will soon be putting the septic into the milk barn and concrete floor… We are going the whole way. We take food safety very seriously. Will be testing on a weekly basis for our milk very shortly. Our herd has been Brucellosis tested for about a year and Cody Huft, State Dairy Manager has the records and has had for a year.

    Many of us unlicensed people have great knowledge of food safety, have excellent facilities. Even UDAF will say these things..
    1) They do not have the time and resources to inspect each facility nor to test all facilities
    2) I’ve worked with UDAF inspectors for 17 years here in Utah. They will tell you that they know that in any food facility, as soon as people see them coming, many workers don their hair nets and gloves, and go back to their bad ways as soon as the Inspector is gone. And I have seen it time and time again, working as a Commercial Scratch baker at a Commercial town Bakery. Also there are so many things that make it so that inspectors cannot police. Licensed milk is nothing but a false sense of security. As someone said in the video recording of the Committee debate, the best inspector is the consumer.
    3) Think of where all the food borne illnesses come from. That Camphy outbreak in Utah was a licensed dairy, not one of us small unlicensed producers. In grocery stores, where are the food recalls? It is licensed commercial foods. We need to think about this a minute.

    • Jim S.

      Government-issued licenses are simply a way to limit competition. (You’re probably already aware of that).

      Unfortunately, too many people see a government issued license as some guarantee of something. What, I don’t know. It’s akin to assuming that a “licensed” barber gives a great haircut, but an “unlicensed” barber would leave you with the worst haircut ever.