Texas Laws on Raw Milk

eHow
June 14, 2011


Food movements are encouraging whole foods, local produce and minimal processing to improve human diets and benefit small farms. A recent radical food trend is the raw milk movement. States have adopted various levels of regulation. Federal law does not prohibit consumption, but interstate commerce of raw milk is illegal. The safety concerns associated with unpasteurized milk have legislators frenzied, but the risks have not deterred avid raw milk advocates from fighting for deregulation.

The Lowdown on Raw Milk
Raw milk comes essentially from the cow to the table. Raw milk does not undergo pasteurization, a process that slows microbial growth. Raw milk advocates believe that pasteurization damages the integrity of milk, killing beneficial bacteria, proteins and enzymes. Health experts say that consuming raw milk puts people at risk of E. coli and Salmonella infections, and other serious, potentially fatal illnesses.

Texas Laws
Texas currently allows raw milk to be sold on the farm where the milk was produced, but it is not available for retail sale. A bill, taking effect September 1, 2011, allows the retail sale of raw milk directly to consumers. The seller must hold a permit, and raw milk may be sold from the permit holder's place of business, the consumer's home or other direct markets such as farm stands, flea markets, farmers' markets, fairs or food cooperatives.

Raw Milk Regulation
There are five levels of regulation of raw milk sales. In some states, the sale of raw milk is legal. Other states, including Texas, allow raw milk to be sold only on the farm where it was produced. Some states have cow shares or cow boarding laws, by which a cow is boarded on a farm and is owned in part or whole by someone else. The farmer cares for the cow and can provide its milk to its owners. Raw milk can be sold as pet food in some states, and a few states allow retail sale of raw milk.

The Case for Raw Milk
The Food and Drug Administration warns against unpasteurized milk, citing the long list of illnesses that can result from the pathogens potentially present in raw milk. But raw milk advocates tout the safety of the natural, unprocessed product and claim it offers health benefits. The bacteria, proteins and enzymes present before pasteurization are thought to aid in digestion, and even cure digestive-tract disorders such as Crohn's disease. It is said to boost the immune system, treat eczema and prevent asthma.

References
“Real Simple”; Milk Decoder; Amanda Pressner; June 2011
U.S. Food and Drug Administration: Raw Milk
Texas State Legislature: S.B. No. 237
University of Iowa: Raw Milk Report
Raw Milk Advocacy: Resources and Articles

Resources
“Time”; Got Raw Milk? Be Very Quiet; Wendy Cole; March 13, 2007