HOUSE BILL REPORT
SSB 6377
As Passed House - Amended:
March 1, 2006
Title: An act relating to regulation of milk and milk products.
Brief Description: Changing the regulation of milk and milk products.
Sponsors: By Senate Committee on Agriculture & Rural Economic Development (originally sponsored by Senators Doumit, Rasmussen, Schoesler, Swecker, Morton, Zarelli, Shin and Pflug).
Brief History:
Economic Development, Agriculture & Trade: 2/15/06, 2/22/06 [DPA].
Floor Activity:
Passed House - Amended: 3/1/06, 88-10.
Brief Summary of Substitute Bill (As Amended by House) |
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HOUSE COMMITTEE ON ECONOMIC DEVELOPMENT, AGRICULTURE & TRADE
Majority Report: Do pass as amended. Signed by 17 members: Representatives Linville, Chair; Pettigrew, Vice Chair; Skinner, Assistant Ranking Minority Member; Appleton, Bailey, Chase, Clibborn, Grant, Haler, Kilmer, Kretz, McCoy, Morrell, Newhouse, Quall, Strow and P. Sullivan.
Minority Report: Do not pass. Signed by 6 members: Representatives Kristiansen, Ranking Minority Member; Blake, Buri, Dunn, Holmquist and Wallace.
Staff: Meg Van Schoorl (786-7105).
Background:
The sale of raw milk by licensed milk producers and milk processing plants is legal in
Washington for three purposes: further processing, human consumption, or animal feed. All
raw milk sold must meet the statutory requirements for Grade A milk, and must meet
additional bacterial and animal health testing and labeling requirements.
Under the Department of Agriculture's (Department) Milk Producer license (no annual fee), a
farmer may sell raw milk to milk processing plants, food processors, or into the general milk
pool for further processing. Under the Department's Milk Processing Plant license ($55
annual fee), a person or company may sell raw milk directly to consumers for human
consumption. Under the Department's Animal Feed license ($25 annual fee), a farmer may
sell raw milk for animal feed, as long as certain labeling requirements are met.
"Cow shares," "farm shares," or similar agreements are arrangements in which one or more
individuals purchase one or more shares in a milk-producing animal in return for a portion of
the milk that is produced.
Summary of Amended Bill:
Raw milk and raw milk products, including arrangements known as "cow shares," are
regulated under the state milk and milk products law. The intent of this act is not to ban the
sale of raw milk or to prohibit cow shares or similar arrangements by properly licensed
producers and processors. It is, however, unlawful to operate as a milk producer or milk
processor without obtaining a license from the Department, or to sell raw milk from a dairy
farm that is not licensed as a milk producer or milk processing plant.
A "producer" is a person or organization who operates a dairy farm and provides, sells, or
offers milk for sale. A "dairy farm" is a place where one or more cows, goats, or other
mammals are kept and a part or all of the milk or milk products are sold or offered for sale.
A "sale" is further defined to include distributing, dispensing, delivering, and supplying
products. The customer of the producer or the dairy farm or the sale is not specified.
If the Director of the Department (Director) has information that a dairy farm or facility
without a license is engaged in activities requiring a license under the state milk and milk
products law, the Director will have:
Having probable cause to believe that milk or milk products are being sold, distributed, stored, or transported in violation of the state dairy law or rules, the Director may:
These orders and embargoes may be contested in an adjudicative proceeding by the person
served; however, if a state court finds probable cause, recovery of damages will not be
allowed.
Selling raw milk from a dairy farm that is not licensed as a milk producer or milk processing
plant is a misdemeanor for the first offense, and a gross misdemeanor for second and
subsequent offenses. Civil penalties and cease and desist orders are in addition to criminal
liability.
The Department must convene a work group to identify barriers, examine size-appropriate
and economically feasible solutions, identify technical assistance and information on best
management practices, and recommend other actions to assist small-scale dairies to become
licensed. The Department and work group are required to report to appropriate legislative
committees by December 1, 2006, as to the work accomplished and recommendations.
Appropriation: None.
Fiscal Note: Available.
Effective Date of Amended Bill: The bill takes effect 90 days after adjournment of session in which bill is passed.
Testimony For: (In support) This is an important step forward in protecting families and
children from incidents like the one that sickened 18 people who drank raw milk from an
unlicensed southwest Washington dairy. The regulation of cow-shares is in dispute, so
although the Department believes it currently has that regulatory authority, this bill clarifies
its authority and adds necessary enforcement tools. Regulation will protect the broader
industry. The Senate wants to continue raw milk sales and is open to the concept of a study
or work group to discuss education or incentives to achieve licensure. The Senate is
concerned about making exceptions to licensing requirements. The penalties are tough
because sales of bad milk can cause life and death situations. It is not difficult for a small
dairy to be licensed. Dairies have a fiduciary responsibility to produce good product in
conjunction with regulatory and technological controls. The requirements are part of the
federal Pasteurized Milk Ordinance. There are different means possible for meeting the
requirements, and every producer who has gone through the licensing process is supportive of
the Department. There are currently six licensed raw milk dairies, three pending, and 30 to
whom technical assistance is being provided.
(With amendment) We support the micro-dairy work group amendment that was added to the
House bill earlier this session.
Testimony Against: Many people are clamoring for raw milk because it has health benefits such as helping digestion. There is a long list of requirements to become a Grade A dairy but not much education. The cost of having to build a separate milk processing facility and meet other requirements is an issue. If not onerous and expensive, we would love to be licensed. We want to have a statutorily-mandated work group to work through barriers to licensing. Some micro-dairies have had great experiences with creative food safety officials at the Department, but some officials are "by the book." Being able to be licensed should not hinge on an official's creativity. Consumers' ability to find their own food will be affected if people with a couple of animals are criminalized rather than helped towards licensure.
Persons Testifying: (In support) Senator Doumit, prime sponsor; Tim Lukens, Grace
Harbor Farms; Anthony Estrella, Estrella Family Creamery; Debbie Higgins, Rainhaven
Grade A Goat Dairy; Pat Hendrickson, Rock Run Farm; Jay Gordon, Washington State Dairy
Federation; and Mary Beth Lang and Claudia Coles, Washington Department of Agriculture.
(With amendment) Melody Barone, Weston A. Price Foundation.
(Opposed) Linda Kozak, Fort Bantam Creamery; Emmy McAllister, Washington State Raw
Milk and Micro-Dairy Task Force; and Charlene Osman.