HB 1048: Unpasteurized Milk Sale

This bill, sponsored by Representatives Cameron Cooper, Wayne Long, and Mary Bentley and Senator Alan Clark, amends Arkansas law regarding the sale of raw (unpasteurized) milk. Specifically, it clarifies where incidental sales of raw goat milk, raw sheep milk, and whole cow milk can legally occur.

Here's a breakdown:

Current Law:

Currently, Arkansas Code ยง 20-59-248(b) allows for "incidental sales" of raw goat milk, raw sheep milk, and whole cow milk directly to consumers at the farm where the milk is produced. This means that producers can sell limited quantities of raw milk to customers who come to their farm.

Change Made by the Bill:

This bill removes the phrase "at the farm" from the law. This seemingly minor change has a significant impact:

  • Expands locations for incidental sales: By deleting "at the farm," the bill clarifies that incidental sales of raw milk are not restricted to the farm itself. This opens the possibility for producers to sell raw milk at other locations, such as farmers' markets, delivery routes, or possibly even retail stores, as long as the sales remain "incidental."

What Stays the Same:

  • Incidental sales only: The bill still only permits "incidental sales." This generally means that raw milk sales must be a small part of a producer's overall business and cannot be their primary focus. Large-scale commercial distribution of raw milk would likely still be prohibited.
  • Direct-to-consumer: The law continues to require that raw milk be sold "directly to consumers." This means there likely cannot be intermediaries between the producer and the final consumer.

In essence: This bill expands the allowable locations for selling raw milk in Arkansas while maintaining the existing restrictions on the scale and nature of those sales. It provides more flexibility to raw milk producers and potentially increases consumer access to raw milk products.