Interstate Milk Freedom Act of 2026
Summary
What This Bill Does
The Interstate Milk Freedom Act prevents a federal department, agency, or court from using federal food or public-health law to prohibit, regulate, interfere with, or otherwise restrict interstate traffic in unpasteurized milk or milk products solely because they are unpasteurized, when four conditions are met.
The origin state must allow some form of direct-human-consumption distribution, including retail sales, farm-to-consumer sales, or cowshares. The product must be produced, packaged, and moved in compliance with origin-state law, including labeling, warning, and packaging rules. It must be intended for a destination state that also allows raw-milk distribution, although the two states' rules need not be identical. The federal objection must rest solely on the product being unpasteurized.
The bill preserves every state law. It defines cowshares, milk, milk products, direct-consumer packaging, pasteurization, and unpasteurized products. Direct-consumer packaging excludes products intended for additional processing or pasteurization before consumption.
The protection does not block federal action based on a separate violation, contamination issue, false label, or other ground beyond unpasteurized status alone. It does not compel a state to legalize raw milk or override a destination-state prohibition.
Who Benefits and How
Raw-milk farms, artisan dairy producers, and cowshare operators gain access to lawful customers across state lines. Consumers in states that allow raw milk gain more supplier choice. Interstate carriers and specialty dairy sellers may gain business. Origin states retain their production and labeling rules, while destination states retain authority to prohibit distribution.
Who Bears the Burden and How
FDA and other federal public-health enforcers lose authority to stop qualifying interstate traffic solely because the product is unpasteurized. Pasteurized dairy suppliers may face new competition. Consumers bear foodborne-illness risk associated with unpasteurized products and must understand differing state warnings. Federal inspectors and courts must separate raw-status-only cases from cases based on other violations. State regulators remain responsible for their own rules.
Key Provisions
- Prohibits federal raw-status-only restrictions on qualifying interstate traffic.
- Requires origin-state authorization for direct-consumer distribution.
- Requires compliance with origin-state production and packaging law.
- Requires a destination state that also allows raw-milk distribution.
- Allows origin and destination rules to differ.
- Preserves every state law.
- Defines cowshares and a broad list of milk products.
- Excludes products packaged for later processing from direct-consumer protection.
Evidence Chain:
This summary is generated from the full bill text using AI analysis. Expand "Detailed Analysis" below for identified beneficiaries/burden bearers with clause-level evidence links.
At a Glance
What This Bill Does
Bars federal agencies and courts from restricting interstate movement of unpasteurized milk or milk products solely because they are unpasteurized when the origin and destination states both allow direct-consumer distribution and the products comply with origin-state production, labeling, warning, and packaging law, while preserving all state law.
Key Policy Areas
Raw Milk Commerce, Interstate Food Regulation, Federal Food Safety, State Dairy Law, Direct Farm Sales
Primary Purpose
Bars federal agencies and courts from restricting interstate movement of unpasteurized milk or milk products solely because they are unpasteurized when the origin and destination states both allow direct-consumer distribution and the products comply with origin-state production, labeling, warning, and packaging law, while preserving all state law.
Policy Domains
Section 2 interstate unpasteurized milk protection
Identified Gains
- Raw-milk farms reaching interstate customers
- Cowshare operators serving allowing states
- Consumers seeking unpasteurized dairy products
- Artisan dairy producers using raw milk
- Interstate carriers transporting qualifying milk
- Origin states preserving local dairy rules
- Destination states preserving distribution choices
Identified Costs
- FDA raw-milk enforcement officials
- Federal courts reviewing raw-status restrictions
- Pasteurized dairy suppliers facing competition
- Consumers exposed to raw-milk pathogens
- State dairy regulators enforcing local conditions
- Federal inspectors separating other violations
- Public-health agencies tracking interstate outbreaks
Sponsors
Legislative Progress
In CommitteeReferred to the House Committee on Energy and Commerce.
Introduced in House
Mr. Massie (for himself, Ms. Pingree, Mr. Davidson, Mr. Grothman, …
Stakeholder Effects
cui bono?How this legislation distributes effects. Mention counts reflect frequency, not effect magnitude.
Artisan dairy producers using raw milk, Cowshare operators serving allowing states, Pasteurized dairy suppliers facing competition
Positive-direction: Artisan dairy producers using raw milk, Cowshare operators serving allowing states, Raw-milk farms reaching interstate customers
Negative-direction: Pasteurized dairy suppliers facing competition
Destination states preserving distribution choices, Origin states preserving local dairy rules, State dairy regulators enforcing local conditions
Consumers exposed to raw-milk pathogens, Consumers seeking unpasteurized dairy products
Positive-direction: Consumers seeking unpasteurized dairy products
Negative-direction: Consumers exposed to raw-milk pathogens
FDA raw-milk enforcement officials, Federal inspectors separating other violations
Interstate carriers transporting qualifying milk
Public-health agencies tracking interstate outbreaks
Bill Structure & Actor Mappings
Who is "The Secretary" in each section?
- "consumer"
- → Consumer receiving raw milk in an allowing state
- "producer"
- → Raw-milk producer complying with origin-state law
- "cowshare_member"
- → Consumer holding an interest in a milk-producing animal
- "state_regulator"
- → Dairy regulator in an origin or destination state
- "federal_enforcer"
- → Federal food-safety agency
Note: {'scope_ids': ['interstate_raw_milk_protection'], 'description': 'The federal noninterference rule applies only when both states allow distribution, origin-state law is followed, and the federal action rests solely on unpasteurized status; it preserves state law and other federal enforcement grounds.'}
Key Definitions
Terms defined in this bill
A written ownership and boarding arrangement giving a consumer an undivided interest in a milk-producing animal or herd and a share of its milk.
Not heated and held according to the federal time-and-temperature pasteurization tables in effect at enactment.
Packaged for the final consumer, excluding milk intended for further processing or pasteurization before consumption.
We use a combination of our own taxonomy and classification in addition to large language models to assess meaning and potential beneficiaries. High confidence means strong textual evidence. Always verify with the original bill text.
Learn more about our methodology