EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1449*
HOUSE BILL 1449
J1 5lr2777
By: Delegates Szeliga, Alston, Arikan, Boafo, Kerr, Kipke, Martinez, Nawrocki,
Nkongolo, Taveras, Taylor, and Woods
Introduced and read first time: February 7, 2025
Assigned to: Health and Government Operations
A BILL ENTITLED
AN ACT concerning 1
Public Health – Milk Products – Direct–to–Consumer Sale of Raw Milk for 2
Human Consumption 3
FOR the purpose of excluding certain sales of raw milk for human consumption from certain 4
State regulations of milk products; requiring a person to obtain a permit from the 5
Secretary of Health before the person may sell raw milk direct to the consumer for 6
human consumption; establishing certain requirements for raw milk produced and 7
sold direct to the consumer for human consumption in the State; and generally 8
relating to raw milk. 9
BY repealing and reenacting, with amendments, 10
Article – Health – General 11
Section 21–403 and 21–434 12
Annotated Code of Maryland 13
(2023 Replacement Volume and 2024 Supplement) 14
BY adding to 15
Article – Health – General 16
Section 21–501 through 21–520 to be under the new subtitle “Subtitle 5. 17
Direct–to–Consumer Sale of Raw Milk” 18
Annotated Code of Maryland 19
(2023 Replacement Volume and 2024 Supplement) 20
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
That the Laws of Maryland read as follows: 22
Article – Health – General 23
21–403. 24
2 HOUSE BILL 1449
(A) [This] SUBJECT TO SUBSECTION (B) OF THIS SECTION , THIS subtitle 1
applies only to milk products that are intended for sale for immediate or eventual human 2
consumption. 3
(B) THIS SUBTITLE DOES NO T APPLY TO THE SALE OF RAW MILK UNDER 4
SUBTITLE 5 OF THIS TITLE. 5
21–434. 6
Except for sale of raw milk by a holder of a milk producer permit to a holder of a milk 7
processor permit [or], the sale of a farmstead cheese, OR THE SALE OF RAW M ILK BY A 8
HOLDER OF A PERMIT I SSUED UNDER SUBTITLE 5 OF THIS TITLE, a person may not 9
sell raw milk for human consumption. 10
SUBTITLE 5. DIRECT–TO–CONSUMER SALE OF RAW MILK. 11
21–501. 12
(A) THIS SUBTITLE APPLIES ONLY TO RAW MILK SOLD DIR ECTLY TO A 13
CONSUMER FOR HUMAN C ONSUMPTION . 14
(B) THIS SUBTITLE DOES NO T APPLY TO THE SALE OF RAW MILK BY A DAIRY 15
FARM WITH THREE OR F EWER COWS OR 10 OR FEWER GOATS . 16
21–502. 17
A PERSON SHALL OBTAIN A PERMIT FROM THE SECRETARY BEFORE THE 18
PERSON MAY SELL RAW MILK DIRECT TO A CONSUMER FOR HUMAN CONSUMPTIO N. 19
21–503. 20
TO QUALIFY FOR A PERM IT ISSUED UNDER THIS SU BTITLE, A PERSON SHALL 21
COMPLY WITH THE REQU IREMENTS OF THIS SUB TITLE AND THE REGULA TIONS 22
ADOPTED UNDER THIS S UBTITLE. 23
21–504. 24
(A) A PERMIT ISSUED UNDER THIS SUBTITLE EXPIRE S ON THE FIRST 25
ANNIVERSARY OF ITS E FFECTIVE DATE , UNLESS TH E PERMIT IS RENEWED FOR A 26
1–YEAR TERM AS PROVIDE D IN THIS SECTION. 27
(B) BEFORE A PERMIT ISSUE D UNDER THIS SUBTITL E EXPIRES, THE 28
HOLDER OF THE PERMIT MAY RENEW THE PERMIT FOR AN ADDITIONAL 1–YEAR 29
TERM IF THE HOLDER: 30 HOUSE BILL 1449 3
(1) IS OTHERWISE ENTITLED TO A PERMIT; 1
(2) PAYS TO THE SECRETARY A RENEWAL F EE EQUAL TO THE FEE FOR 2
AN ORIGINAL PERMIT ; AND 3
(3) SUBMITS TO THE SECRETARY A RENEWAL A PPLICATION ON THE 4
FORM THAT THE SECRETARY REQUIRES . 5
21–505. 6
(A) BEFORE A NEW RAW MILK PERMIT IS ISSUED UNDER THIS SECTION: 7
(1) THE SECRETARY SHALL INSPECT THE DA IRY FARM THAT IS THE 8
SUBJECT OF THE RAW M ILK PERMIT AND DETER MINE THAT THE DAIRY FARM IS IN 9
COMPLIANCE WITH THIS SUBTITLE; 10
(2) THE APPLICANT SHALL H AVE A LICENSED VETER INARIAN 11
EXAMINE THE ANIMAL O R HERD FROM WHICH RAW MILK IS TO BE PRODUCED AND 12
PROVIDE THE SECRETARY WITH A WRITTEN REPOR T FROM THE LICENSED 13
VETERINARIAN STATING THAT: 14
(I) ON PHYSICAL EXAMINATION , THE SUBJECT ANIMAL OR 15
HERD IS IN APPARENT GOOD HEA LTH AND FREE FROM CO MMUNICABLE DISEASES; 16
(II) BASED ON A BLOOD TEST , THE SUBJECT ANIMAL OR HERD 17
IS FREE OF BRUCELLOSIS ; AND 18
(III) BASED ON A TEST, THE SUBJECT ANIMAL OR HERD IS FR EE 19
OF TUBERCULOSIS ; 20
(3) IF THE APPLICANT DOES NOT USE A PUBLIC OR MUNICIPAL WATER 21
SUPPLY SYSTEM , THE APPLICANT SHALL TEST THE DAIRY FARM WATER SUPPLY , 22
INCLUDING ANY RECIRC ULATED COOLING WATER SYSTEM USED FOR MILK 23
COOLING, AND PROVIDE CONFIRMA TION TO THE SECRETARY THAT: 24
(I) THE WATER SUPPLY CONT AINS A MOST PROBABLE NUMBER 25
OF COLIFORM ORGANISMS OF LESS THAN: 26
1. 2.2 PER 100 MILLILITERS BY THE M ULTIPLE TUBE 27
FERMENTATION METHOD ; OR 28
4 HOUSE BILL 1449
2. 1 PER 1000 MILLILITERS BY THE M EMBRANE FILTER 1
TECHNIQUE OR CHROMOG ENIC SUBSTRATE TECHN IQUE; 2
(II) THE WATER SUPPLY IS O THERWISE SAFE AND SA NITARY; 3
AND 4
(III) ANY PLATE HEAT EXCHANGER OR TUBULAR COOLER 5
INSTALLED AND IN USE ON THE DAIRY FARM IS EQUIPPED WITH A BACK FLOW 6
PREVENTION DEVICE ; AND 7
(4) THE APPLICANT SHALL PROVIDE DOCUMENTATIO N TO THE 8
SECRETARY OF THE APPLICANT ’S ABILITY TO PRODUCE BACTERIOLOGICALLY SA FE 9
RAW MILK THROUGH THE PROCESS DESCRIBED IN SUBSECT ION (B) OF THIS 10
SECTION. 11
(B) (1) THE APPLICANT SHALL H AVE A SAMPLER APPROVED BY THE 12
DEPARTMENT DRAW THREE SEPARATE SAMPLES OF COMMINGLE D MILK FROM THE 13
BULK TANK, DRAWN AT LEAST 7 DAYS APART AND TAKEN ON AN UNANNOUNCED 14
BASIS, AND SUBMIT THE SAMPLES T O A STATE–APPROVED DAIRY LABOR ATORY OR 15
TO THE DEPARTMENT FOR ANALYSIS. 16
(2) (I) IF A TEST OF THE FIRS T OF THE THREE SAMPL ES 17
CONCLUDES THAT NO PA THOGENIC BACTERIA AR E PRESENT, THE SECOND A ND 18
THIRD SAMPLES DO NOT NEED TO BE TESTED AND THE RAW MILK SHA LL BE 19
DETERMINED TO BE BAC TERIOLOGICALLY SAFE . 20
(II) IF A SAMPLE TEST OF A NY OF THE THREE SAMP LES 21
CONCLUDES THAT PATHO GENIC BACTERIA ARE P RESENT, TWO SEPARATE 22
CONSECUTIVE TESTS FR OM SAMPLES DRAWN AT LEAST 7 DAYS APART MUST 23
CONCLUDE THAT NO PAT HOGENIC BACTERIA ARE PRESENT, AT WHICH POINT THE 24
RAW MILK SHALL BE DETERMINED TO BE BAC TERIOLOGICALLY SAFE . 25
(III) IF ANY OF THE THREE S AMPLES SUBMITTED UND ER THIS 26
SUBSECTION VIOLATE OR EXCEED TH E STANDARDS OF § 21–515 OF THIS SUBTITLE , 27
THE APPLICANT MAY RE PEAT THE PROCESS EST ABLISHED UNDER THIS SUBSECTION 28
UNTIL THREE SUCCESSI VE SAMPLES MEET THE STANDARDS OF § 21–515 OF THIS 29
SUBTITLE, AT WHICH POINT THE R AW MILK SHALL BE DET ERMINED TO BE 30
BACTERIOLOGICA LLY SAFE. 31
21–506. 32
HOUSE BILL 1449 5
(A) THE SECRETARY MAY SUSPEND OR REVOKE A PERMIT ISSUED UNDER 1
THIS SUBTITLE IF THE HOLDER OF THE PERMIT HAS VIOLATED THIS SUBTITLE OR A 2
REGULATION ADOPTED U NDER THIS SUBTITLE . 3
(B) (1) EXCEPT AS PROVIDED IN SUBSECTI ON (C) OF THIS SECTION, 4
BEFORE SUSPENDING A PERMIT ISSUED UNDER THIS SU BTITLE, THE SECRETARY 5
SHALL GIVE NOTICE TO THE HOLDER OF THE PERMIT OF THE SECRETARY’S INTENT 6
TO SUSPEND THE PERMIT. 7
(2) THE NOTICE ISSUED UND ER PARAGRAPH (1) OF THIS SUBSECTION 8
SHALL: 9
(I) BE SENT BY CERTIFIED MAI L; 10
(II) BE SENT AT LEAST 5 DAYS BEFORE THE DATE ON WHICH TH E 11
SECRETARY INTENDS TO SUSPEND THE PERMIT ; AND 12
(III) PROVIDE NOTICE TO THE HOLDER OF THE PE RMIT OF THE 13
RIGHT TO REQUEST A H EARING UNDER § 21–509 OF THIS SUBTITLE . 14
(C) (1) IF THE BASIS OF SUSPE NSION OR REVOCATION OF A PERMIT IS 15
THAT PATHOGENIC BACT ERIA OR FOREIGN SUBSTANCE S HAVE BEEN DETECTED IN 16
THE RAW MILK OR THAT THE RAW MILK POSES A THREAT TO THE HEALTH AND 17
SAFETY OF CONSUMER S: 18
(I) THE SECRETARY IS NOT REQU IRED TO GIVE NOTICE OF 19
INTENT TO SUSPEND THE PERMIT; AND 20
(II) THE SECRETARY SHALL REQUE ST THAT THE HOLDER OF 21
THE PERMIT VOLUNTARILY CEASE AL L SALES OF RAW MILK . 22
(2) IF THE HOLDER OF THE PERMIT VOLUNTARILY CEASES T HE SALE 23
OF RAW MILK FOLLOWING A REQUEST MADE UNDER P ARAGRAPH (1)(II) OF THIS 24
SUBSECTION, THE SECRETARY SHALL CONSI DER THE VOLUNTARY CESSATION OF 25
THE SALE AS A MITIGATING FACT OR WHEN DETERMINING ANY PENALTY OR 26
SANCTION RELATED TO THE VIOLATION. 27
(3) IF THE HOLDER OF THE PERMIT DOES NOT VOLUNTARILY CEASE 28
THE SALE OF RAW MILK FOLLOWING A REQUEST MADE UNDER PARAGRAPH (1)(II) 29
OF THIS SUBSECTION, THE SECRETARY SHALL : 30
6 HOUSE BILL 1449
(I) REFER THE MATTER TO T HE APPROPRIATE LOCAL HEALTH 1
DEPARTMENT AND RECOM MEND THAT THE LOCAL HEALTH DEPARTMENT TAKE 2
ACTION TO CEASE THE SALE OF RAW MILK BY THE HOLDER OF THE PERMIT ; 3
(II) CONSULT WITH THE OFFICE OF THE ATTORNEY GENERAL 4
TO DETERMINE WHETHER THE SECRETARY SHOULD PURSUE AN INJUNCTION TO 5
PROHIBIT THE SALE OF RAW MILK BY THE HOLDER OF THE PERMIT; 6
(III) PROVIDE THE HOLDER OF THE PERMIT WITH NOTICE OF 7
THE RIGHT TO REQUEST A HEARING UNDER § 21–509 OF THIS SUBTITLE; 8
(IV) SUSPEND OR REVOKE THE PERMIT OF A HOLDER WHO DOES 9
NOT REQUEST A HEARIN G UNDER § 21–509 OF THIS SUBTITLE WITHIN THE TIME 10
REQUIRED; AND 11
(V) RECOMMEND TO THE HOLDER OF THE PERMIT THAT THE 12
HOLDER INFORM ITS CUSTOMERS THAT THE HOLDER OF THE PERMIT HAS BEEN 13
REQUESTED BY THE SECRETARY TO CEASE VOLUNTARILY RAW MILK PRODUCTION 14
AND PROVIDE THE CUST OMERS WITH THE BASIS OF THE SECRETARY’S REQUEST. 15
21–507. 16
(A) THE SECRETARY MAY TAKE AD MINISTRATIVE ACTION AGAINST A 17
HOLDER OF A PERMIT I SSUED UNDER THIS SUB TITLE FOR A VIOLATION OF T HIS 18
SUBTITLE. 19
(B) THE SECRETARY MAY REQUEST THAT THE OFFICE OF THE ATTORNEY 20
GENERAL OBTAIN AN INJ UNCTION TO: 21
(1) PREVENT AN INDIVIDUAL FROM SELLING RAW MIL K WITHOUT 22
THE PERMIT REQUIRED UNDER THIS SUB TITLE; OR 23
(2) PREVENT AN ONGOING VI OLATION OF THIS SUB TITLE. 24
21–508. 25
(A) IF THE SECRETARY DETERMINES THAT A SUPPLY OF RAW MILK OR RAW 26
MILK PRODUCTS IS CON SIDERED UNSAFE OR A THREAT TO PUBLIC HEA LTH, THE 27
SECRETARY MAY SEIZE , CONDEMN, DENATURE, OR DESTROY THE MILK OR MILK 28
PRODUCTS WITHOUT COM PENSATION TO THE OWN ER OF THE MILK OR MILK 29
PRODUCTS. 30
HOUSE BILL 1449 7
(B) THE SECRETARY MAY PROHIBIT THE SALE OF RAW MILK OR RAW MILK 1
PRODUCTS IF: 2
(1) THE SECRETARY CONSIDERS T HE RAW MILK OR RAW M ILK 3
PRODUCTS TO BE UNSAF E OR A THREAT TO PUB LIC HEALTH; OR 4
(2) A HOLDER OF A PERMIT I SSUED UNDER THIS SUB TITLE VIOLATES 5
THIS SUBTITLE. 6
21–509. 7
(A) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBT ITLE AND IN THE 8
ADMINISTRATIVE PROCEDURE ACT, BEFORE THE SECRETARY DENIES AN 9
APPLICATION FOR A PE RMIT ISSUED UNDER THIS SUBTITLE, TAKES ANY ACTION 10
UNDER § 21–506 OF THIS SUBTITLE , OR REJECTS A LABEL S UBMITTED UNDER § 11
21–518(A) OF THIS SUBTITLE , THE SECRETARY SHALL GIVE THE PERSON AGAINST 12
WHOM THE ACTION IS C ONTEMPLATED AN OPPOR TUNITY FOR A HEARING BEFORE 13
THE SECRETARY. 14
(B) EXCEPT AS OTHERWISE PROVIDE D IN THIS SECTION , THE SECRETARY 15
SHALL GIVE NOTICE AN D HOLD THE HEARING I N ACCORDANCE WITH TH E 16
ADMINISTRATIVE PROCEDURE ACT. 17
(C) (1) WITHIN 48 HOURS AFTER THE PERS ON RECEIVES NOTICE O F THE 18
SECRETARY’S ACTION UNDER SUBSECTION (B) OF THIS SECTION, A PERSON WHOSE 19
PERMIT HAS BEEN SUSP ENDED OR WHO HAS REC EIVED A NOTICE THAT THE 20
SECRETARY INTENDS TO SUSPEND THE PERMIT M AY REQUEST A HEARING WITH THE 21
SECRETARY. 22
(2) THE SECRETARY SHALL HOLD THE HEARING W ITHIN 72 HOURS 23
AFTER RECEIVING THE REQUEST FOR A HEARING . 24
(D) IF AFTER DUE NOTICE T HE PERSON FOR WHOM T HE HEARING IS HELD 25
FAILS OR REFUSES TO APPEAR, THE SECRETARY MAY HEAR AN D DETERMINE THE 26
MATTER WITHOUT THE PERSON B EING PRESENT. 27
(E) A PERSON AGGRIEVED BY A FINAL DECISION OF THE SECRETARY IN A 28
CONTESTED CASE , AS DEFINED BY THE ADMINISTRATIVE PROCEDURE ACT, MAY 29
TAKE A DIRECT JUDICI AL APPEAL. 30
21–510. 31
8 HOUSE BILL 1449
A HOLDER OF A PERMIT I SSUED UNDER THIS SUB TITLE SHALL ALLOW THE 1
SECRETARY TO INSPECT THE DAIRY FARM THAT IS THE SUBJECT OF THE PERMI T, 2
REVIEW RECORDS , DRAW SAMPLES , CONDUCT TESTS , AND TAKE ANY OTHER A CTION 3
NECESSARY TO THE PERFORMANCE OF THE SECRETARY’S DUTIES UNDER THIS 4
SUBTITLE. 5
21–511. 6
(A) A PERSON MAY NOT SELL OR OFFER FOR SALE RAW MILK AFTER THE 7
SELL–BY DATE PRINTED ON T HE CAP OR CONTAINER OF THE RAW MILK. 8
(B) EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION , THE 9
SELL–BY DATE MAY NOT BE LATER THAN 17 DAYS AFTER THE DAY IMMEDIATELY 10
FOLLOWING THE DATE ON WHICH TH E RAW MILK WAS PRODU CED. 11
(C) (1) THE SECRETARY SHALL SAMPLE CONTAIN ERS OF RAW MILK FOR 12
HUMAN CONSUMPTION IN POSSESSION OF A HOLDER OF A PERMIT ISSUED UNDER 13
THIS SUBTITLE BEFORE THE DELIVERY OF RAW MILK TO A CONSUMER A T LEAST 14
ONCE EACH CALENDAR YEAR . 15
(2) THE DEPARTMENT OR A DAIRY LABORATOR Y APPROVED BY THE 16
DEPARTMENT SHALL ANAL YZE EACH SAMPLE TAKEN UNDER PA RAGRAPH (1) OF 17
THIS SUBSECTION TO D ETERMINE COMPLIANCE WITH THE BACTERIOLOG ICAL 18
REQUIREMENTS OF § 21–515 OF THIS SUBTITLE BEFORE THE EXPIRATION DATE 19
LABELED ON THE RAW MILK CONTAINER . 20
(3) (I) IF TWO OR MORE SAMPLE S TAKEN UNDER PARAGR APH (1) 21
OF THIS SUBSECTION E XCEED THE LIMITS EST ABLISHED UNDER § 21–515 OF THIS 22
SUBTITLE, THE SECRETARY SHALL REQUIRE THE HOLDER OF THE PERMIT TO USE A 23
SHORTENED SELL –BY PERIOD AS DETERMINED BY THE SECRETARY. 24
(II) THE SECRETARY SHALL DETERMINE A SHORTENED 25
SELL–BY PERIOD REQUIRED UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH BY 26
CALCULATING THE PERI OD IN WHICH THE BACT ERIAL GROWTH IN THE RAW MILK 27
WILL NOT EXCEED THE REQUIREMENTS OF § 21–515 OF THIS SUBTITLE IF THE RAW 28
MILK IS MAINTAINED I N ACCORDANCE WITH TH E TEMPERATURE REQUIR EMENTS OF 29
§ 21–514 OF THIS SUBTITLE. 30
(III) IF A HOLDER OF A PERMIT IS REQUIRED TO USE A 31
SHORTENED SELL –BY PERIOD UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE 32
HOLDER MAY: 33
HOUSE BILL 1449 9
1. SUBMIT SAMPLES TO THE DEPARTMENT FOR 1
ANALYSIS TO DETERMIN E WHETHER THE RAW MI LK SAMPLE COMPLIES W ITH THE 2
BACTERIOLOGICAL REQUIREMENTS OF § 21–515 OF THIS SUBTITLE DURING THE 3
SELL–BY PERIOD ESTABLISHE D UNDER SUBSECTION (B) OF THIS SECTION; AND 4
2. RESUME USING THE SELL –BY PERIOD ESTABLISHE D 5
UNDER SUBSECTION (B) OF THIS SECTION ON APPROVAL OF THE SECRETARY. 6
21–512. 7
(A) EACH HOLDER OF A PERMIT I SSUED UNDER THIS SUB TITLE SHALL 8
MONITOR THE HEALTH O F THE ANIMAL OR HERD FROM WHICH THE RAW M ILK FOR 9
HUMAN CONSUMPTION IS PRODUCED TO ENSURE T HAT THE ANIMAL OR HERD IS IN 10
GENERAL GOOD HEALTH AND FREE FROM BRUCEL LOSIS AND TUBERCULOS IS. 11
(B) AT LEAST EVERY 13 MONTHS, EACH HOLDER OF A PERMIT SHALL 12
PROVIDE THE SECRETARY WITH CONFIRMATION FROM A LIC ENSED VETERINARIAN 13
THAT THE ANIMAL OR H ERD FROM WHICH THE R AW MILK IS PRODUCED HAS BEEN 14
DETERMINED TO BE FRE E FROM BRUCELLOSIS B Y AN ANNUAL BLOOD TEST AN D 15
TUBERCULOSIS BY AN A NNUAL TEST. 16
(C) (1) AT LEAST ONCE EACH YEAR, EACH HOLDER OF A PERMIT SHALL 17
HAVE A LICENSED VETE RINARIAN EXAMINE THE ANIMAL OR HERD FROM WHICH RAW 18
MILK IS PRODUCED AND ISSUE A WRITTEN REPORT OF THE EXAMIN ATION STATING 19
THAT THE SUBJECT ANIMAL OR HERD IS IN GENERAL GOOD HEALTH AND FREE FROM 20
COMMUNICABLE DISEASE . 21
(2) THE HOLDER OF A PERMIT SHALL RETAIN A COPY OF THE REPORT 22
REQUIRED UNDER PARAGRAPH (1) OF THIS SUBSECTION F OR AT LEAST 3 YEARS AND 23
MAKE THE REPORT AVAI LABLE FOR INSPECTION BY THE SECRETARY ON REQUEST. 24
21–513. 25
(A) EACH HOLDER OF A PERMIT I SSUED UNDER THIS SUB TITLE SHALL 26
ENSURE THAT THE WATE R SUPPLY, INCLUDING RECIRCULAT ED COOLING WATER , 27
FOR THE DAIRY FARM OPERATION IS SAFE AN D SANITARY. 28
(B) (1) THIS SUBSECTION DOES NOT APPLY TO A DAIRY FARM THAT USES 29
A PUBLIC OR MUNIC IPAL WATER SYSTEM . 30
(2) THE WATER SUPPLY FOR A DAIRY FARM PRODUCING RAW MILK 31
FOR HUMAN CONSUMPTIO N SHALL BE TESTED AT THE EXPENSE OF THE HOLDER OF 32
THE PERMIT: 33 10 HOUSE BILL 1449
(I) AT LEAST ONCE EVERY 6 MONTHS; AND 1
(II) WHENEVER A REPAIR OR AN ALTERATION IS MADE T O THE 2
WATER SUPPLY SYSTEM . 3
(3) THE HOLDER OF A PERMIT SHALL RETAIN A RECOR D OF THE 4
TESTING CONDUCTED UN DER PARAGRAPH (2) OF THIS SUBSECTION F OR AT LEAST 1 5
YEAR AND MAKE THE RE CORD AVAILABLE FOR I NSPECTION BY THE SECRETARY ON 6
REQUEST. 7
(4) A PLATE HEAT EXCHANGER OR TUBULAR COOLER IN STALLED AND 8
IN USE ON A DAIRY FA RM SHALL BE EQUIPPED WITH A BACK FLOW PREVENTION 9
DEVICE. 10
21–514. 11
(A) RAW MILK SHALL BE COO LED TO 40 DEGREES FAHRENHEIT OR LESS 12
WITHIN 2 HOURS AFTER MILKING. 13
(B) THE BLEND TEMPERATURE AFTER THE FIRST AND SUBSEQUENT 14
MILKINGS MAY NOT EXCEED 50 DEGREES FAHRENHEIT. 15
21–515. 16
(A) AT LEAST TWICE EACH M ONTH, EACH HOLDER OF A PERMIT I SSUED 17
UNDER THIS SUBTITLE SHALL CONDUCT TESTIN G OF THE RAW MILK TO 18
DEMONSTRATE THAT : 19
(1) THE BACTERIAL COUNT IN THE RAW MILK DOES NOT EXCEED 20
20,000 PER MILLILITER; 21
(2) THE COLIFORM COUNT IN THE RAW MILK DOES NOT EXCEED 10 22
PER MILLILITER; 23
(3) THE SOMATIC CELL COUN T IN THE RAW MILK DOES NOT EXCEED 24
750,000 PER MILLILITER FOR C OW’S MILK OR 1,500,000 PER MILLILITER FOR 25
GOAT’S MILK; AND 26
(4) THERE ARE NO POSITIVE RESULTS FOR DRUG RES IDUE IN THE 27
RAW MILK , USING DRUG RESIDUE D ETECTION LABORATORY TECHNIQUES 28
REFERENCED IN THE MOST RECENT GRADE “A” PASTEURIZED MILK ORDINANCE 29
DEVELOPED BY THE F EDERAL FOOD AND DRUG ADMINISTRATION . 30 HOUSE BILL 1449 11
(B) AT LEAST EVERY 6 MONTHS, EACH HOLDER OF A PERMIT S HALL 1
CONDUCT TESTING OF T HE RAW MILK FROM A SAMPLE DRAWN FROM THE BULK 2
TANK TO DEMONSTRATE THAT NO SALMONELLAE , LISTERIA MONOCYTOGENE S, 3
CAMPYLOBACTER , OR E. COLI BACTERIA ARE PRESENT . 4
(C) THE TESTING CONDUCTED UNDER THIS SECTION SHALL B E CONDUCTED 5
AT A LABORATORY OPER ATED OR APPROVED BY THE DEPARTMENT . 6
21–516. 7
(A) (1) IF TWO OF THE IMMEDIATELY PRECEDIN G FOUR RAW MILK 8
SAMPLES TESTED UNDER § 21–515 OF THIS SUBTITLE ARE NOT IN COMPLIANC E 9
WITH THE REQUIREMENT S OF § 21–514 OR § 21–515 OF THIS SUBTITLE , THE 10
SECRETARY SHALL PROVIDE THE HOLDER OF A PERMIT I SSUED UNDER THIS 11
SUBTITLE WITH WRITTEN NOTICE THAT THE HOLDER OF THE PERMIT IS IN 12
VIOLATION OF THIS SU BTITLE. 13
(2) IF THREE OF THE IMMEDIATELY PRECEDIN G FIVE RAW MILK 14
SAMPLES TESTED UNDER § 21–515 OF THIS SUBTITLE ARE NOT IN COMPLIANC E 15
WITH THE REQUIREMENT S OF § 21–514 OR § 21–515 OF THIS SUBTITLE , THE 16
SECRETARY SHALL SUSPEND OR R EVOKE THE RAW MILK P ERMIT. 17
(B) IF A RAW MILK SAMPLE TESTS POSITIVE FOR T HE PRESENCE OF A 18
PESTICIDE AT OR ABOV E ACTIONABLE LEVELS ESTABLISHED FOR THE PESTICIDE BY 19
THE U.S. ENVIRONMENTAL PROTECTION AGENCY, THE HOLDER OF A PERMIT 20
ISSUED UNDER THIS SU BTITLE SHALL: 21
(1) IMMEDIATELY CEASE THE SALE OF RAW MILK ; 22
(2) INVESTIGATE AND DETER MINE THE CAUSE OF TH E 23
CONTAMINATION , REPORT THE RESULT OF THE INVESTIGATION TO THE 24
SECRETARY, AND CORRECT THE CAUS E OF THE CONTA MINATION; AND 25
(3) REFRAIN FROM SELLING RAW MILK UNTIL: 26
(I) TESTING SHOWS THE SAM PLE TO BE FREE OF PE STICIDE 27
RESIDUE OR BELOW ACT IONABLE LEVELS ESTAB LISHED FOR THE RESID UE BY THE 28
U.S. ENVIRONMENTAL PROTECTION AGENCY; 29
(II) THE HOLDER OF THE PERMIT SUBMITS THE TEST RES ULTS 30
REQUIRED UNDER ITEM (I) OF THIS ITEM TO THE SECRETARY; AND 31
12 HOUSE BILL 1449
(III) THE SECRETARY APPROVES THE RESUMPT ION OF RAW 1
MILK SALES. 2
(C) IF A RAW MILK SAMPLE TESTS POSITIVE FOR T HE PRESENCE OF A DRU G, 3
THE HOLDER OF A PERMIT I SSUED UNDER THIS SUBTIT LE SHALL: 4
(1) IMMEDIATELY CEASE THE SALE OF RAW MILK ; 5
(2) INVESTIGATE AND DETER MINE THE CAUSE OF TH E 6
CONTAMINATION , REPORT THE RESULT OF THE INVESTIGATION TO THE 7
SECRETARY, AND CORRECT THE CAUS E OF THE CONTAMINATI ON; AND 8
(3) REFRAIN FROM SELLING RAW MILK UNTIL: 9
(I) A SAMPLE COLLECTED BY AN APPROVED SAMPLER AND 10
TESTED AT A LABORATO RY APPROVED BY THE SECRETARY SHOWS THE SAMPLE TO 11
BE FREE OF DRUG RESI DUE; 12
(II) THE HOLDER OF THE PERMIT SUBMITS THE TEST RES ULTS 13
REQUIRED UND ER ITEM (I) OF THIS ITEM TO THE SECRETARY; AND 14
(III) THE SECRETARY APPROVES THE RESUMPT ION OF RAW 15
MILK SALES. 16
(D) IF A RAW MILK SAMPLE TESTS POSITIVE FOR T HE PRESENCE OF 17
SALMONELLAE , LISTERIA MONOCYTOGENE S, CAMPYLOBACTER , OR E. COLI 18
BACTERIA, THE HOLDER OF A PERMIT ISS UED UNDER THIS SUBTI TLE SHALL: 19
(1) IMMEDIATELY CEASE THE SALE OF RAW MILK ; 20
(2) INVESTIGATE AND DETER MINE THE CAUSE OF TH E 21
CONTAMINATION , REPORT THE RESULT OF THE INVESTIGATION TO THE 22
SECRETARY, AND CORRECT THE CAUS E OF THE CONTAMINATION ; AND 23
(3) REFRAIN FROM SELLING RAW MILK UNTIL : 24
(I) TWO CONSECUTIVE SAMPL ES, TAKEN AT LEAST 2 DAYS 25
AFTER THE CESSATION OF RAW MILK SALES AN D AT LEAST 2 DAYS AFTER ANY 26
PREVIOUS SAMPLE , COLLECTED BY AN APPR OVED SAMPLER AND TES TED AT A 27
LABORATORY APPROVED BY THE SECRETARY SHOW THE SAMPLES TO BE FREE OF 28
SALMONELLAE , LISTERIA MONOCYTOGENE S, CAMPYLOBACTER , OR E. COLI 29
BACTERIA; 30
HOUSE BILL 1449 13
(II) THE HOLDER OF THE PERMIT SUBMITS THE TEST RESULTS 1
REQUIRED UNDER ITEM (I) OF THIS ITEM TO THE SECRETARY; AND 2
(III) THE SECRETARY APPROVES THE RESUMPT ION OF RAW 3
MILK SALES. 4
21–517. 5
(A) (1) THIS SUBSECTION APPLI ES ONLY WITH RESPECT TO RAW MILK 6
THAT IS PACKAGED FOR SALE OR DELIVERY AT A LOC ATION OTHER THAN THE FARM 7
WHERE THE RAW MILK I S PRODUCED. 8
(2) THE HOLDER OF A PERMI T ISSUED UNDER THIS SUBTITLE SHALL 9
CONDUCT THE B OTTLING AND CAPPING , OR THE FILLING AND C LOSURE OF 10
CONTAINERS OTHER THA N BOTTLES, IN A ROOM SEPARATE F ROM THE MILK ROOM 11
BY A MECHANICAL MEANS OF FILLING AND CAPPING BOTTLES OR B Y A MECHANICAL 12
MEANS OF THE FILLING AND CLOSURE OF CONTAINERS AND OT HER BOTTLES; AND 13
(3) THE CLOSURE OF THE CONTAINER MUST PROTECT THE POU RING 14
LIP TO ITS LARGEST DIAMETER . 15
(B) (1) THIS SUBSECTION APPLI ES ONLY WITH RESPECT TO RAW MILK 16
THAT IS PACKAGED FOR DELIVERY AT THE LOCA TION WHERE THE RAW M ILK IS 17
PRODUCED. 18
(2) THE HOLDER OF A PERMI T ISSUED UNDER THIS SUBTITLE MAY 19
BOTTLE AND CAP RAW MILK OR FILL AND CLOSE RAW MILK IN CONTAINERS OTHER 20
THAN BOTTLES IN A MI LK ROOM FACILITY . 21
(3) THE HOLDER OF A PERMI T ISSUED UNDER THIS SUBTITLE SHALL 22
COMPLETE B OTTLING AND CAPPING OR FILLING AND CLOSU RE IN A SANITARY 23
MANNER USING EASILY CLEANABLE EQUIPMENT THAT HAS BEEN CLEANED AND 24
SANITIZED. 25
(C) A CONTAINER FOR RAW MILK: 26
(1) SHALL BE FILLED AND C LOSED WITHOUT ANY PA RT OF A HAND 27
COMING INTO CONTACT WITH THE INNER SURFA CE OF THE BOTTLE OR CONTAINER 28
OR IN CONTACT WITH B OTTLE CAPS; 29
(2) SHALL BE STORED IN A CLEAN AND DRY AREA THAT IS OFF THE 30
FLOOR AND PROTECTED FROM ANY SOURCE OF C ONTAMINATION ; AND 31
14 HOUSE BILL 1449
(3) MAY NOT BE FILLED BY THE CONSUMER . 1
(D) THE HOLDER OF A PERMI T ISSUED UNDER THIS SUBTITLE SHALL 2
OBTAIN AND KEEP B OTTLE CAPS FOR RAW M ILK CONTAINERS IN SA NITARY 3
CONTAINERS. 4
(E) THE HOLDER OF A PERMI T ISSUED UNDER THIS SUBTITLE SHALL 5
CONDUCT THE W ASHING OF RETURNABLE BOTTLES OR CONTAINER S FOR RAW MILK 6
IN A ROOM THAT IS SE PARATE FROM ANY ROOM THAT IS DEVOTED TO B OTTLING AND 7
CAPPING OR TH E FILLING AND CLOSUR E OF CONTAINERS OTHE R THAN BOTTLES . 8
21–518. 9
(A) (1) THIS SUBSECTION DOES NOT APPLY WITH RESPECT TO RAW MILK 10
PACKAGED FOR SALE IN CONTA INERS OWNED BY THE C ONSUMER. 11
(2) THE LABELING OF RAW MILK CONTAINERS AND CAPS USED ON 12
PREPACKAGED CONTAINE RS MUST BE APPROVED BY THE SECRETARY BEFORE 13
SALE. 14
(3) TO BE APPROVED BY THE SECRETARY, A LABEL: 15
(I) MUST CLEARLY LABEL THE PR ODUCT AS RAW MILK ; 16
(II) MUST INCLUDE THE FLUID VO LUME OF THE RAW MILK ; 17
(III) MUST INCLUDE THE NAME AND ADDRESS OF THE 18
DISTRIBUTOR OR PRODU CER; 19
(IV) MUST STATE THAT THE PRODU CT IS TO BE REFRIGER ATED; 20
(V) MUST INCLUDE A CONSUMER A DVISORY STATEMENT THAT 21
IS SUBSTANTIALLY SIMILA R TO THE FOLLOWING STATEMENT: 22
“RAW MILK HAS NOT BEEN PROCESSED TO REMOVE PATHOGENS THAT CAUSE 23
ILLNESS. THE CONSUMPTION OF RA W MILK MAY SIGNIFICA NTLY INCREASE THE 24
RISK OF FOODBORNE IL LNESS IN INDIVIDUALS WHO CONSUME IT – PARTICULARLY 25
WITH RESPECT TO CERT AIN HIGHLY SUSCEPTIB LE POPULATIONS SUCH AS 26
PRESCHOOL –AGED CHILDREN , OLDER ADULTS , PREGNANT WOMEN , INDIVIDUALS 27
EXPERIENCING ILLNESS , AND OTHER INDIVIDUALS WITH WEAKENED IMMUNE 28
SYSTEMS.”; AND 29
(VI) MAY NOT CONTAIN FALSE OR M ISLEADING STATEMENTS . 30 HOUSE BILL 1449 15
(4) WITHIN 10 BUSINESS DAYS AFTER RECEIVING A COMPLETE 1
APPLICATION FOR LABE L APPROVAL UNDER PAR AGRAPH (2) OF THIS SUBSECTION , 2
THE SECRETARY SHALL ISSUE A WRITTEN APPROVAL O R DENIAL TO THE HOLDER 3
OF A PERMIT ISSUED UNDER THIS SUBTI TLE. 4
(5) (I) THE SECRETARY SHALL ASSIG N A LABEL APPROVED UNDER 5
PARAGRAPH (4) OF THIS SUBSECTION A UNIQUE SERIAL NUMBER AND PROVIDE THE 6
UNIQUE SERIAL NUMBER TO THE HOLDER OF A PERMIT I SSUED UNDER THIS 7
SUBTITLE, ALONG WITH A COPY OF THE LABEL, IN THE WRITTEN APPRO VAL. 8
(II) THE SECRETARY SHALL RETAIN A COPY OF EACH WRITTEN 9
APPROVAL ISSUED UNDE R PARAGRAPH (4) OF THIS SUBSECTION . 10
(6) A DENIAL ISSUED UNDER PARAGRAPH (4) OF THIS SUBSECTION 11
SHALL: 12
(I) STATE THE REASONS FOR THE DENIAL; AND 13
(II) PROVIDE NOTICE TO THE HOLDER OF THE PERMIT OF THE 14
RIGHT TO AN ADMINIST RATIVE HEARING UNDER § 21–509 OF THIS SUBTITLE. 15
(B) (1) A RAW MILK CONTAINER O R THE CAP OF A RAW MILK CO NTAINER 16
SHALL CLEARLY INDICA TE A SELL–BY DATE AFTER WHICH THE RAW MILK MAY NOT 17
BE SOLD OR OFFERED F OR SALE. 18
(2) THE SELL–BY DATE PRINTED ON THE CAP O R CONTAINER OF RAW 19
MILK SHALL BE: 20
(I) PRECEDED BY THE WORDS “SELL BY” OR “NOT TO BE SOLD 21
AFTER” OR THE STATEMENT “NOT TO BE SOLD AFTER THE DATE STAMPED ABO VE”; 22
(II) CONSPICUOUSLY AND LEG IBLY MARKED IN A CON TRASTING 23
COLOR; AND 24
(III) SEPARATE AND DISTINCT FROM ANY OTHER NUMBE R, 25
LETTER, OR INTERVENING MATER IAL ON THE CAP OR CO NTAINER. 26
21–519. 27
(A) THIS SECTION APPLIES ONLY WITH RESPECT TO RAW MILK PACK AGED 28
FOR SALE IN CONTAINE RS OWNED BY THE CONS UMER. 29
16 HOUSE BILL 1449
(B) A HOLDER OF A PERMIT I SSUED UNDER THIS SUB TITLE SHALL POST A 1
CONSUMER ADVISORY STATEMENT THAT SHALL BE SUBSTA NTIALLY SIMILAR TO T HE 2
FOLLOWING STATEMENT: 3
“RAW MILK HAS NOT BEEN PROCESSED TO REMOVE PATHOGENS THAT CAUSE 4
ILLNESS. THE CONSUMPTION OF RA W MILK MAY SIGNIFICA NTLY INCREASE THE 5
RISK OF FOODBORNE IL LNESS IN INDIVIDUALS WHO CONSUME IT – PARTICULARLY 6
WITH RESPECT TO CERT AIN HIGHLY SUSCEPTIB LE POPULATION S SUCH AS 7
PRESCHOOL –AGED CHILDREN , OLDER ADULTS , PREGNANT WOMEN , INDIVIDUALS 8
EXPERIENCING ILLNESS , AND OTHER INDIVIDUALS WITH WEAKENED IMMUNE 9
SYSTEMS.”. 10
21–520. 11
THE SECRETARY MAY ADOPT R EGULATIONS TO CARRY OUT THIS SUBTITLE. 12
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 13
October 1, 2025. 14