Raw Milk Sales May Soon Be Legal in New Jersey

Pouring milk in the glass on the background of nature.

By Mike Maharrey

A bill under consideration in the New Jersey legislature would legalize limited raw milk sales in the state, taking an important step toward effectively nullifying a federal prohibition scheme in effect.

Assemblymen John DiMiao (R-Dist. 23) introduced Assembly Bill 696 (A696) on Jan. 27. The legislation would allow holders of a raw milk permit “to sell, offer for sale or otherwise make available raw milk directly to consumers but only at the farm or property where the raw milk is produced.”

Current New Jersey law imposes a complete ban on the sale, transport and importation of raw milk or raw milk products.

A696 creates a licensing program, sets sanitation standards for raw milk sellers, and establishes labeling and signage regulations.

Impact on Federal Prohibition

FDA officials insist that unpasteurized milk poses a health risk because of its susceptibility to contamination from cow manure, a source of E. coli.

“It is the FDA’s position that raw milk should never be consumed,” agency spokeswoman Tamara N. Ward said in November 2011.

The FDA’s position represents more than a matter of opinion. In 1987, the feds implemented 21 CFR 1240.61(a), providing that, “no person shall cause to be delivered into interstate commerce or shall sell, otherwise distribute, or hold for sale or other distribution after shipment in interstate commerce any milk or milk product in final package form for direct human consumption unless the product has been pasteurized.”

Not only do the Feds ban the transportation of raw milk across state lines, they also claim the authority to ban unpasteurized milk within the borders of a state.

“It is within HHS’s authority…to institute an intrastate ban [on unpasteurized milk] as well,” FDA officials wrote in response to a Farm-to-Consumer Legal Defense Fund lawsuit against the agency over the interstate ban.

The FDA clearly wants complete prohibition of raw milk and some insiders say it’s only a matter of time before the feds try to institute an absolute ban. Armed raids by FDA agents on companies like Rawsome Foods back in 2011 and Amish farms over the last few years also indicate this scenario may not be too far off.

Legislation like A696 takes a step toward nullifying this federal prohibition scheme.

As we’ve seen with marijuana and industrial hemp, an intrastate ban becomes ineffective when states ignore it and pass laws encouraging the prohibited activity anyway. The federal government lacks the enforcement power necessary to maintain its ban, and people will willingly take on the small risk of federal sanctions if they know the state will not interfere. This increases when the state actively encourages the market and nullifies federal prohibition in effect.

We’ve seen this demonstrated dramatically in states that have legalized industrial hemp. When they authorized production, farmers began growing industrial hemp, even in the face of a federal ban. Despite facing the possibility of federal prosecution, some growers were still willing to step into the void and begin cultivating the plant once the state removed its barriers.

In the same way, removing state barriers to raw milk consumption, sale and production would undoubtedly spur the creation of new markets for unpasteurized dairy products, no matter what the feds claim the power to do.

It could ultimately nullify the interstate ban as well. If all 50 states allow raw milk, markets within the states could easily grow to the point that local sales would render the federal ban on interstate commerce pointless. And history indicates the feds do not have the resources to stop people from transporting raw milk across state lines – especially if multiple states start legalizing it. Growing markets will quickly overwhelm any federal enforcement attempts.

Up Next

A696 was referred to the Assembly Agriculture and Natural Resources Committee where it will have to pass by a majority vote before moving on to the full Senate for consideration.

New Jersey residents should follow all the steps to support this bill at THIS LINK

Mike Maharrey writes for the TenthAmendmentCenter.com where this article first appeared. He is the author of the book, Our Last Hope: Rediscovering the Lost Path to Liberty.

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16 Comments on "Raw Milk Sales May Soon Be Legal in New Jersey"

  1. But it’s still against the law to pump your own gas there…because of “safety”. Why can NJ just get nuked off the face of the Earth, already?

  2. Milk is a non-human food, is filthy by nature raw or otherwise; also an unnecessary expense and over costed not to mention a waste of time, effort and space. The dairy industry is a transport mechanism for radioactive isotopes as is meat; definitely not part of safe diet in the atomic age.

    • I guess you vehemently oppose breast feeding, then?
      Radioactive isotopes are made in larger quantity in nature than they are by man.

    • Yeah I agree. We need to be breastfed for obvious reasons, but certainly shouldn’t be drinking another animal’s milk at any time in our lives, and not any at all after breastfeeding age. No other species on the planet consumes another species’ milk as a staple. But these milks are highly addictive products for us, just like most other foods modern humans are consuming as well as cooked foods.

  3. The only danger in raw milk is when farmers do not clean their equipment. Then the bacteria within the milk, that is naturally good for us, goes bad and attacks the good bacteria when it comes into contact. The FDA is quick to label all raw milk as being harmful instead of holding farmers responsible for cleaning their own equipment. Thus we need pasteurization in order to kill all the harmful bacteria caused by unclean practices. All it takes to avoid this issue is to thoroughly clean the equipment and any pipes that the milk may travel through with hot water. If the milk is transported by tanker trucks then the tankers need also to be cleansed after each delivery. Perhaps it’s easier for the FDA to force pasteurization, which kills all the good nutrients within the milk, than to hold those accountable who are not cleaning their equipment…

  4. Since the Wyoming state legislature passed the food safety bill in the last session, it is legal for raw milk producers to sell their product directly to the consumer, without any bureaucratic regulation.

  5. Hurry, New Jersey. Our children are getting sick on commercial poison.

  6. Please stop referring to “real cow milk” by the term “raw milk”.
    Please stop referring to “dead cow milk” by the term “pasteurized milk”.
    If honest, proper, and accurate terms were used, the issues could be resolved quicker.

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