RELATING TO RAW MILK.

HB456

HOUSE OF REPRESENTATIVES

H.B. NO.

456

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

relating
to raw milk
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

PART I

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SECTION
1.
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This Act shall be known and may be
cited as the "Mark Nakashima Act".

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SECTION 2.
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The legislature finds that many people would
like to consume raw, unpasteurized milk and raw milk products based on the
products' health benefits and taste.
�

Some studies have shown that raw milk helps reduce allergies, boost
immunity, hydrate skin, and address nutritional deficiencies.
�
Raw milk has a unique flavor that may be
destroyed by the double pasteurization process generally required for
commercial milk sales.
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Raw milk also
contains bacteria that are essential flavor components of some cheeses.

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The
legislature further finds that raw milk can be produced safely and that its
sale is permitted in many other states.
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Hawaii is in the small minority of four states that still do not allow
any form of raw milk distribution.
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The
legislature believes Hawaii's consumers and pets also deserve this freedom of
choice and should be permitted to purchase raw milk and raw milk products
directly from producers, while also maintaining high standards of safety and
quality.

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Accordingly,
the purpose of this Act is to allow milk producers to sell raw milk products
directly to consumers, subject to certain conditions.

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SECTION 3.
�
Chapter 157, Hawaii Revised Statutes, is
amended by adding a new part to be appropriately designated and to read as
follows:

"
Part .
�
RAW MILK AND ASSOCIATED PRODUCTS

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�
157-A
�
Definitions.
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For the purposes of this part:

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"Distribute"
means to transfer an item or offer to transfer an item to another person,
either free of charge or by sale or exchange.

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"Milk-bearing
animal" means a cow, goat, or sheep that is actively producing milk.

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"Raw
milk" means milk that is not pasteurized, graded, or otherwise treated
with heat.

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"Raw
milk dairy" means an operation owned or operated by a raw milk producer in
which no more than ten milk-bearing animals are maintained to actively produce
milk at any one time.

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"Raw
milk dairy product" means a product, other than a raw milk product, that
is manufactured using milk or a milk product as the primary ingredient and that
includes any quantity of raw milk.

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"Raw
milk producer" means a milk producer that owns or operates a raw milk
dairy.

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"Raw
milk product" means a product that is manufactured using milk as its
exclusive ingredient and that includes any quantity of raw milk.

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�157-B
�

Raw milk; direct distribution permitted.
�
(a)
�
Notwithstanding any law to the contrary,
beginning July 1, 2026, a raw milk producer may distribute raw milk, raw milk
products, and raw milk dairy products directly to consumers for human
consumption, subject to compliance with this part and rules adopted by the
board pursuant to subsection (b); provided that:

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(1)
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The raw milk dairy from which the raw milk,
raw milk product, or raw milk dairy product originated shall own or house no
more than ten milk-bearing animals;

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(2)
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The raw milk shall be produced exclusively
from the milk‑bearing animals maintained at the raw milk dairy;

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(3)
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The raw milk shall be produced at the raw milk
dairy in a manner that protects the health and safety of persons consuming the
raw milk, pursuant to rules adopted by the board;

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(4)
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Every twelve months, a licensed veterinarian
shall examine each milk-bearing animal maintained at the raw milk producer's
raw milk dairy to determine the milk-bearing animal's health status.
�
The examination shall include a blood test to
detect the presence of any common diseases afflicting milk-bearing animals;

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(5)
�
Each month, the raw milk producer shall test
each milk-bearing animal maintained at the raw milk producer's raw milk dairy
to determine the milk-bearing animal's coliform count and standard plate count;
provided that the raw milk producer shall post the summary of the test at the
raw milk dairy's distribution point for the raw milk;

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(6)
�
No raw milk producer shall:

���������
(A)
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Process, market, or distribute raw milk if the
raw milk exceeds the acceptable bacteria count limit; or

���������
(B)
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Manufacture, market, or distribute a raw milk
product or raw milk dairy product if the raw milk used as an ingredient exceeds
the acceptable bacteria count limit.

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Notwithstanding
rules adopted by the board, the acceptable bacteria count limit shall be ten
colony‑forming units per milliliter (10 cfu/mL) for a bacteria coliform
count or twenty-five thousand colony-forming units per milliliter (25,000
cfu/mL) for a standard plate count;

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(7)
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The raw milk producer shall retain a record of
each test conducted at the raw milk dairy for a period of three years; and

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(8)
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If a milk-bearing animal maintained at a raw
milk dairy is administered an antibiotic drug, the raw milk producer shall
comply with the following health protocols and any other rules adopted by the
board:

���������
(A)
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The antibiotic drug shall be:

�������������
(i)
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Approved by the United States Food and Drug
Administration for its intended use;

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(ii)
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Stored in a closed, labeled container as
provided by the manufacturer of the antibiotic drug before being administered;
and

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(iii)
�
Administered as directed by the manufacturer
of the antibiotic drug;

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(B)
�
No raw milk produced from the milk-bearing
animal before the expiration of the production waiting period prescribed by the
manufacturer of the antibiotic drug shall be:

�������������
(i)
�
Processed, marketed, or distributed for human
consumption; and

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(ii)
�
Manufactured, marketed, or distributed as a
raw milk product or raw milk dairy product that uses the raw milk as an
ingredient;

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(C)
�
The manufacturer of the antibiotic drug may
provide directions on the label of the container storing the antibiotic drug or
other source of information controlled by the manufacturer regarding the use of
the antibiotic drug; and

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(D)
�
The raw milk producer shall retain records
identifying the type and dosage of each antibiotic drug administered to a
milk-bearing animal maintained at the raw milk dairy, each milk‑bearing
animal that is administered an antibiotic drug, and the date and location of
the antibiotic drug administration.
�
The
raw milk producer shall retain the records for a period of three years.

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(b)
�

No later than July 1, 2026, the board shall adopt rules pursuant to
chapter 91 governing the direct distribution to consumers of raw milk, raw milk
products, and raw milk dairy products for human consumption in compliance with
this part.
�
The rules shall:

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(1)
�
Establish standards for sanitation, testing,
storage, handling, and transportation to ensure that raw milk, raw milk
products, and raw milk dairy products are not contaminated during production or
distribution; and

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(2)
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Regulate any circumstances under which raw
milk producers may share animals for the purpose of producing raw milk, raw
milk products, or raw milk dairy products.

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�
157-C
�
Processing and manufacturing of raw milk.
�
(a)
�
In
accordance with any rules adopted by the board pursuant to section 157-B, raw
milk produced at a raw milk dairy shall be processed and manufactured at the
raw milk dairy in a manner that protects the health and safety of persons
consuming the processed raw milk, raw milk product, or raw milk dairy product.

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(b)
�
The raw milk shall be distributed no later
than seven calendar days after it was produced by a milk-bearing animal.

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(c)
�
The raw milk, raw milk product, raw milk
dairy product, or any other item using raw milk as an ingredient shall be kept
for storage prior to distribution at a temperature not to exceed forty-five
degrees Fahrenheit.

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�
157-D
�
Distribution of raw milk or associated
products.
�
(a)
�
Each raw milk producer shall only accept an
order for the distribution of raw milk, a raw milk product, or a raw milk dairy
product at the raw milk producer's raw milk dairy in which the raw milk, raw
milk product, or raw milk dairy product is produced or manufactured.
�
The raw milk producer shall only distribute
the raw milk, raw milk product, or raw milk dairy product to the individual
placing the order.
�
The raw milk producer
may distribute the raw milk, raw milk product, or raw milk dairy product to the
raw milk recipient without charge, on a retail basis, or for exchange.

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(b)
�
The recipient of the raw milk, raw milk
product, or raw milk dairy product may examine any applicable records required
to be retained by the raw milk producer as provided in section 157-B, including
any of the following:

����
(1)
�
The coliform count and standard plate count of
milk‑bearing animals maintained at the raw milk dairy owned or operated
by the raw milk producer; and

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(2)
�
The administration of antibiotic drugs to
milk-bearing animals maintained at the raw milk dairy owned or operated by the
raw milk producer.

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(c)
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If the raw milk producer distributes the raw
milk, raw milk product, or raw milk dairy product in a container, the container
shall be labeled as provided in section 157-E.

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(d)
�
The raw milk producer shall directly
distribute the raw milk, raw milk product, or raw milk dairy product to the
recipient at the raw milk dairy or to a location specified by the recipient;
provided that no raw milk, raw milk product, or raw milk dairy product shall be
delivered to a place of business where food or food items are distributed on a
retail basis.
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The raw milk, raw milk
product, or raw milk dairy product shall only be used for human consumption by
the recipient, members of the recipient's household, or the recipient's
non-paying guests or non-paying employees.

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(e)
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No person shall redistribute raw milk, raw
milk products, or raw milk dairy products.

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�
157-E
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Labeling containers holding raw milk or
associated products.
�
(a)
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Each raw milk producer who distributes raw
milk, a raw milk product, or a raw milk dairy product shall label the container
holding the raw milk, raw milk product, or raw milk dairy product.
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The label shall be permanently affixed to the
container.
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The words on the label shall
be printed in at least twelve-point boldface type.
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If the container includes a main
informational or advertising panel, the label shall be part of the panel.

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(b)
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For a container holding raw milk, the label
shall state the following:

"RAW
MILK

NOTICE TO
CONSUMERS

THIS
CONTAINER HOLDS RAW MILK THAT IS NOT SUBJECT TO STATE INSPECTION OR OTHER
PUBLIC HEALTH REGULATIONS THAT REQUIRE PASTEURIZATION AND GRADING.
�
RAW MILK MAY CONTAIN HARMFUL BACTERIA THAT
ARE UNSAFE TO CONSUME.".

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(c)
�
For a container holding a raw milk product or
raw milk dairy product, the label shall state the following:

"RAW
MILK PRODUCT or CONTAINS RAW MILK PRODUCTS

NOTICE TO
CONSUMERS

THIS
CONTAINER HOLDS A RAW MILK PRODUCT OR RAW MILK DAIRY PRODUCT THAT IS NOT
SUBJECT TO STATE INSPECTION OR OTHER PUBLIC HEALTH REGULATIONS THAT REQUIRE
PASTEURIZATION AND GRADING.
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THIS PRODUCT
MAY CONTAIN BACTERIA THAT ARE UNSAFE TO CONSUME.".

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157-F
�
Enforcement actions.
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Upon request, a raw milk producer shall
provide the department of health with all records required to be kept by the
raw milk producer as provided in section 157-B, including records relating to:

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(1)
�
The coliform count and standard plate count of
milk‑bearing animals maintained by the raw milk producer at a raw milk
dairy; and

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(2)
�
The administration of antibiotic drugs to milk-bearing
animals maintained by the raw milk producer at a raw milk dairy;

provided that the request shall be based on an
affidavit signed by a licensed physician certifying that in the physician's
opinion, an individual contracted an illness as a direct result of consuming
raw milk produced at a raw milk dairy or consuming a raw milk product or a raw
milk dairy product manufactured at a raw milk dairy."

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SECTION
4
.
�
Section 157-21, Hawaii Revised Statutes, is
amended to read as follows:

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"
�157-21
�

Licensing.
�
[
It
]
Except
as provided in part , it
shall be unlawful for any
producer, producer-distributor, or distributor to produce, sell, process, or
distribute milk in a milk shed unless the person is duly licensed as provided
by this chapter.
�
It shall be unlawful
for any [
such
] person to sell, buy, process, or distribute milk [
which
]

that
the person knows or has reason to believe has been produced or
handled in violation of this chapter."

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SECTION
5
.
�
Section 157-41, Hawaii Revised Statutes, is
amended by amending subsection (b) to read as follows:

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"(b)
�
Any person who violates this chapter shall be
guilty of a misdemeanor and subject to a fine of not less than $250 or more
than $1,000 or imprisonment for not more than one year, or both[
.
]
;
provided that the direct distribution to consumers of raw milk, raw milk
products, or raw milk dairy products for human consumption pursuant to part ,
and any rules adopted to implement part , shall not
constitute a violation of this chapter.
"

PART II

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SECTION 6.
�
Chapter 321, Hawaii Revised Statutes, is
amended by adding a new section to be appropriately designated and to read as
follows:

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"
�321-
�
Raw goat milk; pet consumption; direct
sales permitted.
�
(a)
�

Notwithstanding any provision to the contrary, beginning July 1, 2026,
raw goat milk may be sold for pet consumption, subject to rules adopted
pursuant to subsection (b).

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(b)
�

No later than July 1, 2026, the department of health shall adopt rules
pursuant to chapter 91 to govern the sale of raw goat milk for pet
consumption.
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The rules shall:

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(1)
�
Include conditions similar to those found
in the administrative rules of other states that allow the sale of raw goat
milk;

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(2)
�
Establish standards to ensure that raw goat
milk is not contaminated during production or sale; and

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(3)
�
Regulate any circumstances under which
producers may share goats for the purposes of producing raw goat milk.

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(c)
�
Each container of raw goat milk intended for
sale for pet consumption shall include on the container or packaging:

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(1)
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A label reading "RAW GOAT MILK";
and

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(2)
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A statement reading "FOR PET
CONSUMPTION ONLY � RAW GOAT MILK MAY CONTAIN BACTERIA THAT ARE HARMFUL TO
HUMANS".

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(d)
�
For the purposes of this section:

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"Goat
milk" means the lacteal secretion, practically free from colostrum,
obtained by the complete milking of healthy goats.

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"Raw
goat milk" means goat milk that has not been pasteurized, graded, or
otherwise treated with heat.
"

PART III

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SECTION 7.
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This Act does not affect rights and duties
that matured, penalties that were incurred, and proceedings that were begun
before its effective date.

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SECTION 8.
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In codifying the new sections added by
section 3 of this Act, the revisor of statutes shall substitute appropriate
section numbers for the letters used in designating the new sections in this
Act.

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SECTION 9.
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Statutory material to be repealed is
bracketed and stricken.
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New statutory
material is underscored.

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SECTION 10.
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This Act shall take effect on July 1, 2025.

INTRODUCED BY:

_____________________________

Report Title:

BOA; DOH;
Raw Milk; Raw Milk Products; Raw Milk Dairy Products; Raw Goat Milk; Sales;
Mark Nakashima Act

Description:

Authorizes
and decriminalizes the sale of raw milk, raw milk products, and raw milk dairy
products directly from producers to consumers for human consumption, subject to
certain restrictions.
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Authorizes the
direct sale of raw goat milk for pet consumption.
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Establishes labeling requirements.
�
Requires the Board of Agriculture and
Department of Health to adopt rules no later than 7/1/2026.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.