AR
Arkansas Senate Bill SB464

Arkansas 2025 Regular Session

Arkansas Senate Bill SB464 Compare Versions

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11 Stricken language would be deleted from and underlined language would be added to present law.
2-Act 698 of the Regular Session
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5-State of Arkansas As Engrossed: S3/31/25 1
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3+State of Arkansas 1
64 95th General Assembly A Bill 2
75 Regular Session, 2025 SENATE BILL 464 3
86 4
97 By: Senators A. Clark, B. Davis 5
108 By: Representatives C. Cooper, Vaught 6
119 7
1210 For An Act To Be Entitled 8
1311 AN ACT TO AMEND THE LAWS CONCERNING SALES OF RAW 9
1412 MILK; TO ALLOW SALES OF RAW MILK AND RAW MILK 10
1513 PRODUCTS AT LOCATIONS OTHER THAN THE FARM WHERE THE 11
16-RAW MILK OR RAW MILK PRODUCT IS PRODUCED; TO DECLARE 12
17-AN EMERGENCY; AND FOR OTHER PURPOSES. 13
14+RAW MILK OR RAW MILK PRODUCT IS PRODUCED; AND FOR 12
15+OTHER PURPOSES. 13
1816 14
1917 15
2018 Subtitle 16
2119 TO AMEND THE LAWS CONCERNING SALES OF 17
22-RAW MILK; TO ALLOW SALES OF RAW MILK AND 18
23-RAW MILK PRODUCTS AT LOCATIONS OTHER 19
20+RAW MILK; AND TO ALLOW SALES OF RAW MILK 18
21+AND RAW MILK PRODUCTS AT LOCATIONS OTHER 19
2422 THAN THE FARM WHERE THE RAW MILK OR RAW 20
25-MILK PRODUCT WAS PRODUCED; AND TO 21
26-DECLARE AN EMERGENCY. 22
27- 23
28-BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24
29- 25
30- SECTION 1. Arkansas Code § 20 -59-248, as amended by Acts 2025, No. 26
31-125, is amended to read as follows: 27
32- 20-59-248. Incidental sales of goat milk, sheep milk, and whole milk 28
33-that has not been pasteurized Sale of raw milk and raw milk products not 29
34-prohibited — Definitions. 30
35- (a) For purposes of As used in this section: 31
36- (1) “Incidental sales of goat milk, sheep milk, and whole milk 32
37-that has not been pasteurized” are those sales where the average monthly 33
38-number of gallons sold does not exceed five hundred gallons (500 gals.); 34
39- (2) “Locally produced whole milk products” means whole milk that 35
40-has been produced on an Arkansas farm; 36 As Engrossed: S3/31/25 SB464
23+MILK PRODUCT IS PRODUCED. 21
24+ 22
25+BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 23
26+ 24
27+ SECTION 1. Arkansas Code § 20 -59-248, as amended by Acts 2025, No. 25
28+125, is amended to read as follows: 26
29+ 20-59-248. Incidental sales of goat milk, sheep milk, and whole milk 27
30+that has not been pasteurized Sale of raw milk and raw milk products not 28
31+prohibited — Definitions. 29
32+ (a) For purposes of As used in this section: 30
33+ (1) “Incidental sales of goat milk, sheep milk, and whole milk 31
34+that has not been pasteurized” are those sales where the average monthly 32
35+number of gallons sold does not exceed five hundred gallons (500 gals.); 33
36+ (2) “Locally produced whole milk products” means whole milk that 34
37+has been produced on an Arkansas farm; 35
38+ (2) "Raw milk" means goat milk, sheep milk, and whole milk that 36 SB464
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41+has not been pasteurized; 1
42+ (3) "Raw milk product" means a consumer product that is the 2
43+result of processes that include raw milk or raw cream as an ingredient 3
44+including without limitation butter, buttermilk, cheese, cottage cheese, 4
45+kefir, yogurt, colostrum, and other derivative products that use raw milk as 5
46+an ingredient; and 6
47+ (3)(A)(4)(A) “Whole milk” means the lacteal secretion obtained 7
48+by the complete milking of one (1) or more healthy cows, properly fed and 8
49+kept, that when offered for sale contains at least three and one -fourth 9
50+percent (3.25%) of butterfat and eight and one -fourth percent (8.25%) solids 10
51+not fat. 11
52+ (B) “Whole milk” does not include lacteal secretion 12
53+obtained within fifteen (15) days before or five (5) days after calving or a 13
54+longer period if necessary to render the milk practically colostrum free. 14
55+ (b) This subchapter does not: 15
56+ (1) Prohibit incidental sales of raw goat milk, raw sheep milk, 16
57+raw milk, raw milk products, and whole milk that has not been pasteurized 17
58+directly to consumers: 18
59+ (A) At the farm where the milk is produced; 19
60+ (B) At a farmer's market; or 20
61+ (C) At a natural food store; or 21
62+ (D) Via delivery from the farm where the milk is produced; 22
63+or 23
64+ (2) Preclude the advertising of incidental sales of goat milk, 24
65+sheep milk, raw milk, raw milk products, and whole milk that has not been 25
66+pasteurized. 26
67+ (c) With respect to raw milk and whole milk that has not been 27
68+pasteurized, the seller shall: 28
69+ (1) Post at the point of sale a sign that is no smaller than two 29
70+feet by four feet (2 ′ x 4′) eighteen inches by twenty -four inches (18" x 24") 30
71+that includes the following information in large, clear text: 31
72+ (A) The name and address of the farm with seller's contact 32
73+information; and 33
74+ (B) The following statement: 34
75+ “This product, sold for personal use and not for resale, is 35
76+fresh whole milk that has NOT been pasteurized. Neither this farm nor the 36 SB464
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44-
45- (2) "Raw milk" means goat milk, sheep milk, and whole milk that 1
46-has not been pasteurized; 2
47- (3) "Raw milk product" means a consumer product that is the 3
48-result of processes that include raw milk or raw cream as an ingredient 4
49-including without limitation butter, buttermilk, cheese, cottage cheese, 5
50-kefir, yogurt, colostrum, and other derivative products that use raw milk as 6
51-an ingredient; and 7
52- (3)(A)(4)(A) “Whole milk” means the lacteal secretion obtained 8
53-by the complete milking of one (1) or more healthy cows, properly fed and 9
54-kept, that when offered for sale contains at least three and one -fourth 10
55-percent (3.25%) of butterfat and eight and one -fourth percent (8.25%) solids 11
56-not fat. 12
57- (B) “Whole milk” does not include lacteal secretion 13
58-obtained within fifteen (15) days before or five (5) days after calving or a 14
59-longer period if necessary to render the milk practically colostrum free. 15
60- (b) This subchapter does not: 16
61- (1) Prohibit incidental sales of raw goat milk, raw sheep milk, 17
62-raw milk, raw milk products, and whole milk that has not been pasteurized 18
63-directly to consumers: 19
64- (A) At the farm where the milk is produced; 20
65- (B) At a farmer's market; or 21
66- (C) At a natural food store; or 22
67- (D) Via delivery from the farm where the milk is produced; 23
68-or 24
69- (2) Preclude the advertising of incidental sales of goat milk, 25
70-sheep milk, raw milk, raw milk products, and whole milk that has not been 26
71-pasteurized. 27
72- (c) With respect to raw milk and whole milk that has not been 28
73-pasteurized, the seller shall: 29
74- (1) Post at the point of sale a sign that is no smaller than two 30
75-feet by four feet (2 ′ x 4′) eighteen inches by twenty -four inches (18" x 24") 31
76-that includes the following information in large, clear text: 32
77- (A) The name and address of the farm with seller's contact 33
78-information; and 34
79- (B) The following statement: 35
80- “This product, sold for personal use and not for resale, is 36 As Engrossed: S3/31/25 SB464
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83-
84-
85-fresh whole milk that has NOT been pasteurized. Neither this farm nor the 1
86-milk sold by this farm has been inspected by the State of Arkansas. The 2
87-consumer assumes all liability for health issues that may result from the 3
88-consumption of this product.”; and 4
89- (2) Affix a label to the bottle or package that includes: 5
90- (A) The name and address of the farm; and 6
91- (B) The following statement: 7
92- “This product, sold for personal use and not for resale, is 8
93-fresh whole milk that has NOT been pasteurized. Neither this farm nor the 9
94-milk sold by this farm has been inspected by the State of Arkansas. The 10
95-consumer assumes all liability for health issues that may result from the 11
96-consumption of this product.” 12
97- (d) A farmer who sells fresh whole unpasteurized milk shall permit 13
98-inspection of his or her cows and barns by his or her customers upon request. 14
99- (e) Raw milk products produced in this state may be sold at a location 15
100-that is not the farm where the raw milk product is produced if: 16
101- (1) The raw milk product is clearly labeled with the following 17
102-statement: 18
103- "WARNING: This product, sold for personal use and not for resale, 19
104-is a product that has NOT been pasteurized and may contain harmful bacteria 20
105-that can cause serious illness. The consumer assumes all liability for health 21
106-issues that may result from the consumption of this product."; 22
107- (2) The raw milk product is always refrigerated or on ice and 23
108-kept at a temperature at or below forty degrees Fahrenheit (40° F) before the 24
109-sale to the consumer; and 25
110- (3) The consumer signs an acknowledgment of risk that the 26
111-consumer assumes all liability for health issues that may result from the 27
112-consumption of the raw milk product. 28
113- 29
114- SECTION 2. EMERGENCY CLAUSE. It is found and determined by the 30
115-General Assembly of the State of Arkansas that under present state law, raw 31
116-milk products are not allowed to be sold in farmers' markets; that legalizing 32
117-the sale of raw milk products, especially unpasteurized cheese, increases the 33
118-potential for farmers to produce more products for sale; that farmers need 34
119-immediate certainty on the law to be able to produce raw milk products, 35
120-especially as the biggest goat cheese production month is April; and that 36 As Engrossed: S3/31/25 SB464
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123-
124-
125-this act is immediately necessary to provide certainty on the law concerning 1
126-the sale of raw milk products. Therefore, an emergency is declared to exist, 2
127-and this act being immediately necessary for the preservation of the public 3
128-peace, health, and safety shall become effective on: 4
129- (1) The date of its approval by the Governor; 5
130- (2) If the bill is neither approved nor vetoed by the Governor, 6
131-the expiration of the period of time during which the Governor may veto the 7
132-bill; or 8
133- (3) If the bill is vetoed by the Governor and the veto is 9
134-overridden, the date the last house overrides the veto. 10
135- 11
136-/s/A. Clark 12
137- 13
138- 14
139-APPROVED: 4/16/25 15
140- 16
141- 17
142- 18
143- 19
144- 20
145- 21
146- 22
147- 23
148- 24
149- 25
150- 26
151- 27
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79+milk sold by this farm has been inspected by the State of Arkansas. The 1
80+consumer assumes all liability for health issues that may result from the 2
81+consumption of this product.”; and 3
82+ (2) Affix a label to the bottle or package that includes: 4
83+ (A) The name and address of the farm; and 5
84+ (B) The following statement: 6
85+ “This product, sold for personal use and not for resale, is 7
86+fresh whole milk that has NOT been pasteurized. Neither this farm nor the 8
87+milk sold by this farm has been inspected by the State of Arkansas. The 9
88+consumer assumes all liability for health issues that may result from the 10
89+consumption of this product.” 11
90+ (d) A farmer who sells fresh whole unpasteurized milk shall permit 12
91+inspection of his or her cows and barns by his or her customers upon request. 13
92+ (e) Raw milk products produced in this state may be sold at a location 14
93+that is not the farm where the raw milk product is produced if: 15
94+ (1) The raw milk product is clearly labeled with the following 16
95+statement: 17
96+ "WARNING: This product, sold for personal use and not for resale, 18
97+is a product that has NOT been pasteurized and may contain harmful bacteria 19
98+that can cause serious illness. The consumer assumes all liability for health 20
99+issues that may result from the consumption of this product."; 21
100+ (2) The raw milk product is always refrigerated or on ice and 22
101+kept at a temperature at or below forty degrees Fahrenheit (40° F) before the 23
102+sale to the consumer; and 24
103+ (3) The consumer signs an acknowledgment of risk that the 25
104+consumer assumes all liability for health issues that may result from the 26
105+consumption of the raw milk product. 27
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