Ohio bill would legalize direct sales of raw milk for human consumption

COLUMBUS, Ohio (WCMH) – Two Ohio lawmakers are attempting to make it easier for residents to obtain raw milk.

House Bill 406, introduced on Aug. 5 by Reps. Kellie Deeter (R-Norwalk) and Levi Dean (R-Xenia), would allow farmers to sell raw milk directly to customers. The legislation does not allow for retail sales or deliveries.

“I’m not even necessarily a raw milk advocate, but I am a liberty advocate,” Deeter said. 

Raw milk is milk that has not undergone pasteurization, a process of heating food products to kill pathogens. Selling raw milk is illegal in Ohio unless a consumer has a herd share agreement, where they buy a “share” of a cow or herd and pay fees for their boarding and management. Farmers can also sell raw milk labeled for pet use. 

Deeter argued that residents are already consuming raw milk through “unregulated” herd share agreements and products intended for pets. Legalizing raw milk would help the state ensure the product is safer, she said.

“We know that there’s a large market for this milk and it is being consumed by humans, not necessarily pets,” Deeter said. “So, the goal with this bill is to legalize and regulate a narrow path for what is currently being done, but in a way that is healthier for the public.”

The bill would require raw milk sellers to obtain a license through the state’s Director of Agriculture, which is already required of dairy farmers in the state and includes an inspection of their facilities.

Under the legislation, raw milk sellers would also need to have customers sign a waiver acknowledging the dangers of consuming the product. Health experts say these dangers include contracting foodborne illnesses from bacteria such as salmonella, listeria and E. coli. 

“Ingesting raw milk and those types of bacteria, it may not impact someone who is healthy,” said Rep. Anita Somani (D-Dublin), an OB-GYN. “At minimum, they may end up with diarrhea or nausea or vomiting. For somebody who’s immunocompromised, somebody who’s pregnant, it can be devastating.”

Consuming raw milk can cause life-threatening illnesses, such as tuberculosis, especially for people with weakened immune systems. In pregnant women, it can cause miscarriages and stillbirths. Between 1998 and 2018, raw milk was linked to more than 2,500 hospitalizations and three deaths across the United States, according to the U.S. Food and Drug Administration. 

The legislation would require sellers to test for harmful bacteria that can be found in raw milk once a month, and bar the sale of batches that test positive. However, Somani is skeptical the testing would have any real impact, as the milk could quickly grow bacteria after it’s been tested.

“If it’s on the shelf for more than a few days, it may end up growing bacteria,” she said. “You can only test and say that this raw milk is safe for maybe 24 to 48 hours.”

Somani said the bill would take Ohio “backwards” when it comes to public health, as raw milk is generally unsafe for consumption and legalizing it may lead to more people believing it is safe and drinking it. 

“Any food item that’s sold from any farm, including vegetables, etc., there’s no guarantee that we can prevent listeria or E. coli,” Deeter said. “We currently have outbreaks for those things, but I think we can improve the current process.” 

Some raw milk advocates argue the product can cure lactose intolerance, treat allergies and support gut health. However, Harvard University and the FDA have stated research has disproven these claims. Consumers of the product also say they like that it is unprocessed and more “natural” than pasteurized milk.

The legislation comes at a time when raw milk is increasing in popularity. Weekly raw milk sales in 2024 increased by 21% compared to the previous year, according to the University of Delaware. The college said the growing interest in raw milk is largely being fueled by “eat local” and unprocessed food movements. 

“I’m an advocate of pasteurized milk,” Deeter said. “It’s one of the biggest scientific discoveries in history, and I will continue to drink pasteurized milk, personally.”

HB 406 awaits a committee assignment and its first hearing.