House committee advances raw milk bill

The House Committee on Agriculture and Natural Resources advanced a bill Wednesday, Feb. 7, 2024, that would legalize the sale of raw milk. (Perry Bennett | West Virginia Legislative Photography)

The House of Delegates Committee on Agriculture and Natural Resources advanced a bill that would allow the sale of raw milk in the state.

The consumption of raw milk through herd-sharing agreements has been legal in West Virginia since 2016.

House Bill 4911 would permit the sale of raw milk as long as the containers are clearly labeled as ungraded raw milk. People who sell raw milk would be immune from lawsuit and liability for personal injury as long as the damage or loss was not caused by intentional or wanton misconduct.

According to the U.S. Centers for Disease Control and Prevention , raw or unpasteurized milk can carry illness-causing germs (including Campylobacter, E. coli or Salmonella) viruses and parasites.

Speaking against the bill, Del. Ric Griffith, D-Wayne, called it a bad idea, reading from a list of possible contamination in raw milk, ranging from germs in feces, infected udders and bovine tuberculosis to insects and rodents.

“I think Louis Pasteur was right,” Griffith said. “And I think we need to be very careful about the safety of our citizens by not allowing this.”

He added that he understands why supporters want to pass the bill so that farms can make extra money.

“But there wouldn’t be all this discussion about warnings, it wouldn’t be going to the Health and Human Resources Committee, if there wasn’t a significant risk,” he said.

The lead sponsor of the bill is Del. Mike Hornby, R-Berkeley, who called the legislation a “freedom bill.”

“If I want to purchase raw milk from my neighbor, I should be able to purchase and consume that milk,” Hornby said. “Everybody who drinks raw milk knows it’s raw milk, and they choose to drink raw milk.”

Hornby said over the past 10 years, an average of 3.9 people per year become sick from consuming raw milk.

The state Department of Health did not immediately return an email seeking to independently confirm how many illnesses related to consuming raw milk are reported to the state.

Beth Southern, a spokeswoman for the West Virginia Department of Agriculture said that as far as the state’s herd sharing program, “Thus far, [no illnesses or deaths] have ever been reported by citizen, herd share participant (seller or buyer), county/state/federal public health entity, or private physician.”

“We haven’t had an issue in the last eight years,” Hornby said. “This bill just takes it further and lets farmers sell raw milk to their neighbors, and lets consumers buy raw milk from their neighbors.”

The bill will next go to the Committee on Health and Human Resources for consideration.

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