Option for Raw Milk Consumption.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 609

Short Title: Option for Raw Milk Consumption. (Public)
Sponsors: Representatives Winslow, Riddell, Adams, and McNeely (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Agriculture and Environment, if favorable, Rules, Calendar, and Operations of the
House
April 1, 2025
*H609-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO ALLOW ADDITIONAL SALES OF NATURAL, UNPASTEURIZED MILK. 2
The General Assembly of North Carolina enacts: 3
SECTION 1. G.S. 106-266.35 reads as rewritten: 4
"§ 106-266.35. Sale or dispensing of milk. 5
(a) Except as provided in subsection (d) of this section: 6
(1) Only milk that is Grade "A" pasteurized milk may be sold or dispensed 7
directly to consumers for human consumption. 8
(2) Raw milk and raw milk products shall be sold or dispensed only to a permitted 9
milk hauler or to a pro cessing facility at which the processing of milk is 10
permitted, graded, or regulated by a local, State, or federal agency. 11
(b) The Board of Agriculture may adopt rules to provide exceptions for dispensing raw 12
milk and raw milk products for nonhuman consumpt ion. Any raw milk or raw milk product 13
dispensed as animal feed shall include on its label the statement "NOT FOR HUMAN 14
CONSUMPTION" in letters at least one -half inch in height. Any raw milk or raw milk product 15
dispensed as animal feed shall also include on its label the statement "IT IS NOT LEGAL TO 16
SELL RAW MILK FOR HUMAN CONSUMPTION IN NORTH CAROLINA." This labeling 17
requirement does not apply to raw milk or raw milk products dispensed for personal use or 18
consumption to the independent or partial owner of a cow, goat, or other lactating animal. 19
(c) As used in this section, the term "sale" or "sold" means any transaction that involves 20
the transfer or dispensing of milk and milk products or the right to acquire milk and milk products 21
through barter or contrac tual arrangement or in exchange for any other form of compensation. 22
The term "sale" or "sold" does not include the transfer or dispensing of raw milk or raw milk 23
products to, or the right to acquire raw milk or raw milk products by, the independent or part ial 24
owner of a cow, goat, or other lactating animal. 25
(d) Nothing in this section shall prohibit the dispensing of raw milk or raw milk products 26
for personal use or consumption to, or the under the following circumstances: 27
(1) The acquisition of raw milk or raw milk products for personal use or 28
consumption by, by an independent or partial owner of a cow, goat, or other 29
lactating animal. 30
(2) Sale of g rade "A" raw milk , cream, and raw milk products as set forth in 31
G.S. 106-266.35A." 32
SECTION 2. Article 28C of Chapter 106 of the General Statutes is amended by 33
adding a new section to read: 34
General Assembly Of North Carolina Session 2025
Page 2 House Bill 609-First Edition
"§ 106-266.35A. Retail sale of raw milk and raw milk products. 1
(a) The following definitions apply in this section: 2
(1) Department. – The Department of Agriculture and Consumer Services. 3
(2) Eligible farmer. – The owner or operator of a farm producing raw milk or raw 4
milk products. 5
(3) Farm of origin. – The farm where the raw milk or raw milk product was bottled 6
or created and placed in containers. 7
(4) Farm stand. – A structure used for the display and sale of dairy products and 8
other farm commodities that is no more than 1,000 square feet in size and 9
which offers for sale to the public dairy products and agricultural commodities 10
grown or produced by the owner or operator of the farm stand. 11
(5) On the farm. – With respect to the location of permissible sales of raw milk 12
and raw milk pro ducts, at the farm of origin or a t a farm stand owned or 13
operated by the owner of that farm in a different location in this State within 14
100 miles of the farm of origin. This term does not include a restaurant, snack 15
bar, soda fountain, or similar establishment selling prepared foods to the 16
public. 17
(6) Raw milk license. – A license issued by the Department to the owner or 18
operator of a farm that allows the sale or dispensing of raw milk and raw milk 19
products to consumers for personal use or consumption on the farm. 20
(7) Raw milk product. – Cream, cottage cheese, buttermilk, butter, kefir, and other 21
cheeses made from grade "A" raw milk. 22
(b) The Department may issue a raw milk license for a period not to exceed one year and 23
subsequent license renewals for a like term to an eligible party if the following conditions are 24
met: 25
(1) The Department inspects the farm owned or operated by the eligible farmer 26
and determines that the farm is in compliance with the applicable provisions 27
of this Article and all other federal and State requirements applicable to grade 28
"A" milk with the exception of a requirement for pasteurization. 29
(2) The eligible farmer provides confirmation in a form and manner as the 30
Department may specify that all cows used in the production of raw milk sold 31
under this section or used for the production of raw milk products sold 32
pursuant to this section are free from tuberculosis and brucellosis. This 33
confirmation must be repeated annually. 34
(3) The eligible farmer provides the Department a copy of the rep ort from an 35
annual veterinary examination report. The report must reflect that, upon 36
physical examination, the subject animals are in apparent good health and free 37
from evidence of communicable disease. The veterinary examination must be 38
repeated annually. 39
(4) Unless the farm obtains water through a public or municipal water system, the 40
eligible farmer has the farm water supply tested and provides the Department 41
with confirmation that the water is bacteriologically safe. Th e water testing 42
must be repeated every six months . The requirement of a bacteriologically 43
safe water supply is also applicable to recirculated cooling water if the dai ry 44
farm uses a recirculated cooling water system for milk cooling. 45
(5) The eligible farmer agrees to comply with regular sampling and testing 46
requirements of raw milk samples. Samples must be analyzed at a laboratory 47
approved by the Department and comply with the following standards: 48
a. Raw milk shall be cooled to 40°F (4°C) or less within two hours after 49
milking, provided that the blend temperature after the first and 50
subsequent milking does not exceed 50°F (10°C). 51
General Assembly Of North Carolina Session 2025
House Bill 609-First Edition Page 3
b. Bacteria may not be present in excess of 5,000 per milliliter when 1
tested no less than once every two months in conjunction with a drug 2
residue/inhibitory substance test. 3
c. Coliform may not exceed 10 per milliliter when tested no less than 4
once every two months in conjunction with a drug residue/inhibitory 5
substance test. 6
d. The somatic cell count may not exceed 750,000 per milliliter, tested 7
no less than once every two months. 8
e. Testing of a bulk tank sample shows no presence of pathogenic 9
bacteria, including Salmonellae, Listeria monocytogenes, 10
Camphylobacter, and E. Coli 0157:H7. This testing must be performed 11
no less than once every six months. 12
(6) The eligible farmer agrees to comply with all of the following labeling and 13
product display requirements: 14
a. The raw milk and raw milk products are displayed for sale separately 15
from and are not commingled with pasteurized dairy products at a 16
display that is clearly marked with signs or otherwise as "raw milk" or 17
"raw milk products." 18
b. The principal display pane l of the label on raw milk or a raw milk 19
product shall prominently state "Raw milk: not pasteurized and may 20
contain organisms injurious to your health. " In each case , the label 21
statement shall appear in conspicuous and easily legible bold -faced 22
print or type in distinct contrast to other matter on the package." 23
SECTION 3. The Board of Agriculture shall adopt permanent rules and may adopt 24
temporary rules to implement this act. 25
SECTION 4. This act becomes effective January 1, 2026. 26