Enact the Farm-to-Consumer Access to Raw Milk Act

As Introduced

136th
General Assembly

Regular
Session
H. B. No. 406

2025-2026

Representatives Deeter, Dean

To
amend sections 917.01, 917.02, 917.04, 917.07, 917.09, and 917.99 and
to enact sections 917.041 and 917.042 of the Revised Code
to
regulate the sale of raw milk and to name this act the
Farm-to-Consumer Access to Raw Milk Act.

BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section
1.
That
sections 917.01, 917.02, 917.04, 917.07, 917.09, and 917.99 be
amended and sections 917.041 and 917.042 of the Revised Code be
enacted to read as follows:

Sec.
917.01.
As
used in this chapter:

(A)
"Person" means any individual, government agency, political
subdivision, partnership, corporation, association, co-operative
association, or other business unit.

(B)
"Co-operative association" or "agricultural
cooperative association" means any agricultural cooperative
organized under Chapter 1729. of the Revised Code and qualified to do
business in this state if the director of agriculture finds the
association has, in good faith, its entire activities under the
control of its members and has been and is exercising full authority
in the sale of milk or cream for its members.

(C)
"Market area" means any area that the director finds is a
natural marketing area and designates as such.

(D)
"Dealer" or "milk dealer" means a person who
purchases or receives milk from a producer for the purpose of
bottling, packaging, selling, processing, jobbing, brokering, or
distributing the milk except where the milk is disposed of in the
same container in which it is received, without removal from the
container and without processing in any way except by necessary
refrigeration. Any person who buys and distributes milk in containers
under the person's own label is a dealer.

(E)
"Imitation" means imitation as described in 21 C.F.R.
101.3, as amended.

(F)
"Milk" means the lacteal secretion, substantially free from
colostrum, obtained by the complete milking of one or more healthy
cows, goats, sheep, or other animals and intended for either of the
following purposes:

(1)
To be sold for human consumption or for use in dairy products;

(2)
To be used for human consumption or for use in dairy products on the
premises of a governmental agency or institution.

"Milk"
does not include a blend of the lacteal secretions of different
species.

(G)
"Grade A milk" means milk produced by a person holding a
valid producer license of the grade A milk category issued pursuant
to section 917.09 of the Revised Code.

(H)
"Manufacture milk" means milk produced by a person holding
a valid producer license of the manufacture milk category issued
pursuant to section 917.09 of the Revised Code.

(I)
"Producer" or "milk producer" means a grade A
milk producer or a manufacture milk producer.

(J)
"Grade A milk producer" means a person located in this
state who sells or offers for sale grade A milk obtained from a cow,
goat, sheep, or other animal that the person owns or controls.

(K)
"Manufacture milk producer" means a person located in this
state who sells or offers for sale manufacture milk obtained from a
cow, goat, sheep, or other animal that the person owns or controls.

(L)
"Grade A milk products" means products derived from grade A
milk and having the standard of identity, quality, strength, purity,
grade, and, if added, permitted optional ingredients found in the
standards of identity established for the products in rules adopted
by the director under section 917.02 or 3715.02 of the Revised Code,
and includes:

(1)
Cottage cheese;

(2)
Raw, pasteurized, or aseptically processed products derived from milk
and described in either of the following:

(a)
The most recent published recommendations of the food and drug
administration, public health service, United States department of
health and human services;

(b)
Rules adopted by the director.

(M)
"Manufactured milk products" means all products, other than
raw milk for sale to the ultimate consumer and grade A milk products,
that are derived from milk and are for human consumption, including:

(1)
Butter;

(2)
Natural or processed cheese;

(3)
Evaporated, condensed, and dry products;

(4)
Frozen desserts;

(5)
Such other products derived from milk as the director may specify by
rule that have the standard of identity, quality, strength, purity,
grade, and, if added, permitted optional ingredients found in the
standards of identity established for the product in rules adopted by
the director under section 917.02 or 3715.02 of the Revised Code.

(N)
"Dairy products" means milk, raw milk for sale to the
ultimate consumer, grade A milk products, and manufactured milk
products.

(O)
"Frozen desserts" means frozen desserts, including the
mixes, described in 21 C.F.R. 135, as amended, unless otherwise
specified by the director by rule.

(P)
"Milk plant" means a grade A milk plant or manufacture milk
plant.

(Q)
"Grade A milk plant" means a place, including a
governmental operation, where grade A milk or a grade A milk product
is collected, handled, controlled, processed, stored, pasteurized,
ultra-pasteurized, repasteurized, aseptically processed, bottled, or
prepared for distribution, but does not include a place where a grade
A milk product is purchased in packaged form and is stored and
handled for the sole purpose of sale to the ultimate consumer.

(R)
"Manufacture milk plant" means a place, including a
governmental operation, where manufacture milk or a manufactured milk
product is collected, handled, controlled, manufactured, processed,
stored, pasteurized, ultra-pasteurized, repasteurized, commercially
sterilized, aseptically processed, bottled, or prepared for
distribution, but does not include a place where a manufactured milk
product is purchased in packaged form and is stored and handled for
the sole purpose of sale to the ultimate consumer.

(S)
"Raw milk" means unpasteurized milk from a cow, goat, or
sheep.

(S)
(T)

"Raw milk for sale to the ultimate consumer" means the raw
milk sold or offered for sale by a raw milk retailer

licensed in accordance with this chapter
.

(U)
"Raw milk for sale as animal feed" means the raw milk sold
or offered for sale for nonhuman consumption by a raw milk feed
retailer licensed in accordance with this chapter.

(T)
(V)

"Raw milk retailer" means a person who,
prior
to October 31, 1965, was engaged continuously in the business of
selling or offering
sells
or offers
for
sale raw milk directly to ultimate consumers

and who holds a valid license to do so in accordance with this
chapter
.

(U)

(W)
"Raw milk feed retailer" means a person who sells or offers
for sale raw milk for animal consumption, but not for human
consumption, and who holds a valid license to do so in accordance
with this chapter.

(X)

"Processor"
or "milk processor" means a grade A milk processor or a
manufacture milk processor.

(V)
(Y)

"Grade A milk processor" means a person who operates or
controls a milk plant, transfer station, receiving station, or milk
transport cleaning facility that is located in this state or from
which grade A milk or grade A milk products are sold or offered for
sale for human consumption, as applicable.

(W)
(Z)

"Manufacture milk processor" means any person who operates
or controls a manufacture milk plant, transfer station, receiving
station, or milk transport cleaning facility that is located in this
state or from which manufacture milk or manufactured milk products
are sold or offered for sale for human consumption, as applicable.

(X)
(AA)

"Weigher, sampler, or tester" means a person who, in order
to determine volume, weight, or composition for the purpose of
determining price, weighs, tests, or samples either of the following:

(1)
Milk at a dairy farm;

(2)
Milk or cream purchased by a dealer from a milk producer or
co-operative association.

(Y)
(BB)

"Hauler" or "milk hauler" means a person who owns
or leases a vehicle or conveyance used to transport raw milk, but
does not include a producer transporting raw milk that the producer
has produced.

(Z)
(CC)

"License" means a license issued under section 917.09 of
the Revised Code and includes a registration issued under division
(J) of that section.

Sec.
917.02.
(A)
The director of agriculture may do any of the following:

(1)
Adopt rules in accordance with Chapter 119. of the Revised Code
regulating all of the following:

(a)
The sanitary production, storage, transportation, manufacturing,
handling, processing, sampling, testing, examination, and sale of
dairy products;

(b)
The suspension and revocation of licenses issued under section 917.09
of the Revised Code, provided that the rules are in accordance with
and do not conflict with section 917.22 of the Revised Code;

(c)
Terms and renewal periods, registration requirements, categories, and
fees for licenses issued under section 917.09 of the Revised Code,
except that the fee for a producer's license shall not exceed fifteen
dollars;

(d)
Examinations that must be passed prior to issuance of a weigher,
sampler, or tester license and inspections that must be passed prior
to issuance of any other type of license issued under section 917.09
of the Revised Code;

(e)
Procedures for issuing and renewing licenses under section 917.09 of
the Revised Code;

(f)
Information that an applicant for a license issued under section
917.09 of the Revised Code is required to provide on the application
for licensure;

(g)
Standards for equipment or materials used for the production,
processing, and handling of dairy products;

(h)
Records to be kept by persons holding a license issued under this
chapter and the inspection and auditing of books and records of those
persons, and any other records that are required to be kept by other
rules adopted under this section;

(i)
Security arrangements and evidence of financial responsibility for
milk dealers, to ensure prompt payment to milk producers;

(j)
Standards of identity, quality, strength, purity, grading, and
labeling of dairy products;

(k)
The production, processing, and handling of dairy products and the
prompt and accurate payment for milk and cream by milk dealers, but
not the establishment or control of the price of milk and cream;

(l)
Criteria for the equipment, methods, or materials to be used in
performing weighing, volumetric measuring, sampling, and testing of
milk and its components when such an operation is used as the basis
for determining payment for milk delivered to or purchased by
dealers;

(m)
The size and placement of labels and of words on labels required by
section 917.04 of the Revised Code to be placed on final delivery
containers used for the sale of raw milk to ultimate consumers.

The
director shall have exclusive authority to administer and enforce
rules adopted under division (A)(1) of this section.

(2)
Enter into, with the approval of the milk sanitation board created in
section 917.03 of the Revised Code, an agreement with a public or
private entity that the director determines is properly qualified for
the performance of any of the inspections and analyses required by
this chapter;

(3)
Adopt rules by reference to all or any part of the following
recommendations:

(a)
The grade A pasteurized milk ordinance, as amended, and the "grade
A condensed and dry milk products and condensed and dry whey"
supplement I to the grade A pasteurized milk ordinance of the food
and drug administration, public health service, of the United States
department of health and human services, to the extent those
provisions do not conflict with the laws of this state;

(b)
The most recent recommendations for milk for manufacturing purposes
and its production and processing published in final form in the
Federal Register by the United States department of agriculture, to
the extent those recommendations do not conflict with the laws of
this state.

(4)
Administer and enforce this chapter and rules adopted under it and
appoint inspectors and other personnel necessary to carry out this
chapter and those rules;

(5)
Embargo a dairy product that the director reasonably suspects,
believes, or determines is adulterated as described in section
3715.59 of the Revised Code or is misbranded as described in section
3715.60 of the Revised Code;

(6)
Adopt by reference all or any part of the rules governing the dairy
industry adopted by the United States food and drug administration
and the United States department of agriculture;

(7)
Annually, not later than ninety days after the end of the state
fiscal year, determine the expense of administering and enforcing
this chapter and rules adopted under it during the preceding state
fiscal year and report the determinations to the milk sanitation
board.

(B)
The director shall do
both

all

of
the following:

(1)
Adopt rules in accordance with Chapter 119. of the Revised Code
establishing requirements for continuing education courses for
weighers, samplers, and testers licensed under section 917.09 of the
Revised Code;

(2)
Review continuing education courses for weighers, samplers, and
testers licensed under section 917.09 of the Revised Code and grant
approval to those that meet the requirements established in rules
adopted under division (B)(1) of this section.

(3)
Adopt rules in accordance with Chapter 119. of the Revised Code
governing the sanitary production, storage, transportation,
manufacturing, handling, sampling, testing, examination, and sale of
raw milk to the ultimate consumer and for animal feed. The rules
shall include a requirement that a raw milk retailer or a raw milk
feed retailer enroll in a quality milk production service program
that is approved by the director. The rules also shall establish
requirements governing the use of labels required by section 917.04
of the Revised Code to be placed on final delivery containers used
for the sale of raw milk to ultimate consumers and for the sale of
raw milk as animal feed, including a requirement that each label
contain the name and address of the farm where the milk was produced
and the date of bottling.

Sec.
917.04.
(A)

No

raw
milk retailer
person

shall
sell, offer for sale, or expose for sale raw milk to the ultimate
consumer except a
raw
milk retailer
person

who
,
prior to October 31, 1965, was engaged continuously in the business
of selling or offering for sale raw milk directly to ultimate
consumers,

holds a valid raw milk retailer license issued under section 917.09
of the Revised Code
,
and is subject to the rules regulating the sale of raw milk adopted
under this chapter
.

(B)

No
person shall fail to label, in accordance with rules adopted by the
director of agriculture under section 917.02 of the Revised Code, all
final delivery containers used for the sale of raw milk to ultimate
consumers with the words "
this

RAW
MILK: This
product
has not been pasteurized and may contain
disease
producing organisms
harmful
bacteria
."

(C)(1)
No person shall sell raw milk to the ultimate consumer without
providing a liability waiver, developed by the department of
agriculture, that acknowledges the risks of consuming raw milk to the
ultimate consumer and obtaining the signature of the purchaser.

(2)
No person shall purchase raw milk without first signing a liability
wavier acknowledging the risks of consuming raw milk.

(3)
A person that sells raw milk to the ultimate consumer shall keep and
maintain the liability waiver for a minimum of two years after the
waiver is signed.

(D)
A raw milk retailer shall test for salmonella, listeria, e. coli
O157:H7, campylobacter, and staphylococci once per month. The raw
milk retailer shall use an accredited laboratory to perform the
tests.

(E)(1)
No person shall sell raw milk to the ultimate consumer if the raw
milk does not pass the required testing described in this section and
section 917.042 of the Revised Code.

(2)
A raw milk retailer shall immediately suspend the sale of raw milk if
brucellosis, tuberculosis, or any other communicable disease is
detected.

(F)
No person shall sell, offer for sale, or expose for sale raw milk
unless the person does so on the farm where the raw milk is produced
or at a registered farm market.

Sec.
917.041.
(A)
No person shall sell, offer for sale, or expose for sale raw milk as
animal feed except a person who holds a valid raw milk feed license
issued under section 917.09 of the Revised Code.

(B)
No person shall fail to label, in accordance with rules adopted by
the director of agriculture under section 917.02 of the Revised Code,
all final delivery containers used for the sale of raw milk as animal
feed with the words "RAW MILK FOR ANIMAL FEED: NOT FOR HUMAN
CONSUMPTION."

(C)
No person who holds a valid raw milk feed license shall sell raw milk
for human consumption unless the person also holds a valid raw milk
retailer license in accordance with this chapter and does so in
accordance with this chapter and rules adopted under it.

Sec.
917.042.
(A)(1)
A raw milk retailer and a raw milk feed retailer shall ensure the
testing of all milking animals for brucellosis and tuberculosis
conducted by a licensed accredited veterinarian in a manner and
frequency determined by the director of agriculture.

(2)
A raw milk retailer shall report every brucellosis and tuberculosis
test result to the director in a manner determined by the director.

(B)
A raw milk retailer and raw milk feed retailer shall test the water
source used in raw milk production once per month. Such a retailer
shall use an accredited laboratory to perform the tests.

(C)
The director or the director's designee shall routinely inspect and
sample farms that produce raw milk for sale to the ultimate consumer
and raw milk for sale as animal feed.

(D)
The director shall make all testing documents and inspection results
available to the public on the department of agriculture's web site.

Sec.
917.07.
The
dairy industry fund is hereby created in the state treasury. All
inspection fees and license fees collected under this chapter shall
be deposited into the fund together with all fine moneys received by
the treasurer of state pursuant to division
(F)
(H)

of section 917.99 of the Revised Code and any other moneys collected
under this chapter.

Moneys
credited to the dairy industry fund shall be used to operate and pay
expenses of the division of dairy in the department of agriculture.

Sec.
917.09.
(A)
The director of agriculture may issue the following types of
licenses:

(1)
Producer;

(2)
Processor;

(3)
Milk dealer;

(4)
Raw milk retailer
,
which shall be valid for one year after issuance and renewed in the
same manner as an initial license
;

(5)
Weigher, sampler, or tester;

(6)
Milk hauler
.
;

(7)
Raw milk feed retailer, which shall be valid for one year after
issuance and renewed in the same manner as an initial license.

(B)
The director may adopt rules establishing categories for each type of
license that are based on the grade or type of dairy product with
which the licensee is involved.

(C)
Except as provided in section 917.091 of the Revised Code and
division (J) of this section, no person shall act as or hold the
person's self out as a producer; processor; milk dealer; raw milk
retailer; weigher, sampler, or tester;
or

milk
hauler
;
or raw milk feed retailer

unless the person holds a valid license issued by the director under
this section.

(D)
Each person desiring a license shall submit to the director a license
application on a form prescribed by the director, accompanied by a
license fee in an amount specified in rules adopted under section
917.02 of the Revised Code. The applicant shall specify on the
application the type of license and category requested and shall
include any other information required by rules adopted under section
917.02 of the Revised Code.

(E)
Each applicant for a weigher, sampler, or tester license or
registration, prior to issuance of the license or registration, shall
pass an examination that is given in accordance with section 917.08
of the Revised Code and rules adopted under section 917.02 of the
Revised Code.

Each
applicant for any other type of license issued under this section,
prior to issuance of the license, shall pass an inspection that is
made in accordance with rules adopted under section 917.02 of the
Revised Code.

(F)
The director shall not issue a license to an applicant unless the
director determines, through an inspection or otherwise, that the
applicant is in compliance with the requirements set forth in this
chapter and the rules adopted under it.

(G)
Examinations that must be passed prior to issuance of a weigher,
sampler, or tester license, inspections that must be passed prior to
issuance of any other type of license issued under this section,
procedures for issuing and renewing licenses, and license terms and
renewal periods shall comply with rules adopted under section 917.02
of the Revised Code.

(H)
Suspension and revocation of licenses shall comply with section
917.22 of the Revised Code and rules adopted under section 917.02 of
the Revised Code.

(I)
Each licensed weigher, sampler, and tester annually shall meet the
continuing education requirements established in rules adopted under
division (B) of section 917.02 of the Revised Code.

(J)
A person whose religion prohibits the person from obtaining a license
under this section, in place of a license, shall register with the
director as a producer; processor; milk dealer; raw milk retailer;
weigher, sampler, or tester;
or

milk
hauler
;
or raw milk feed retailer
.

The
person claiming the exemption from licensure shall register on a form
prescribed by the director and shall meet any other registration
requirements contained in rules adopted under section 917.02 of the
Revised Code. Upon receiving the person's registration form and
determining that the person has satisfied all requirements for
registration, the director shall notify the person that the person is
registered to lawfully operate as a producer; processor; milk dealer;
raw milk retailer; weigher, sampler, or tester;
or

milk
hauler
;
or raw milk feed retailer
.

A
registrant is subject to all provisions governing licensees, such as
provisions concerning testing, sampling, and inspection of dairy
products. A registrant is subject to provisions governing issuance of
a temporary weigher, sampler, or tester license under section 917.091
of the Revised Code. A registration shall be renewed, suspended, and
revoked under the same terms as a license.

(K)
Notwithstanding the requirements for a license or registration under
this section, the director shall issue a license or registration to
operate as a producer; processor; milk dealer; raw milk retailer;
weigher, sampler, or tester;
or

milk
hauler
,
;
or raw milk feed retailer

as applicable, in accordance with Chapter 4796. of the Revised Code
to an individual if either of the following applies:

(1)
The individual holds a license or registration in another state.

(2)
The individual has satisfactory work experience, a government
certification, or a private certification as described in that
chapter as a producer; processor; milk dealer; raw milk retailer;
weigher, sampler, or tester;
or

milk
hauler
,
;
or raw milk feed retailer

as applicable, in a state that does not issue the applicable license
or registration.

Sec.
917.99.
(A)
Whoever violates division (C) of section 917.09 of the Revised Code
is guilty of a misdemeanor of the second degree on a first offense
and a misdemeanor of the first degree on each subsequent offense.

(B)
Whoever violates section 917.13 or 917.14 of the Revised Code is
guilty of a misdemeanor of the first degree on a first offense, a
felony of the fifth degree on a second offense, and a felony of the
fourth degree on each subsequent offense.

(C)
Whoever violates division (A), (B), (C), (D), or (G) of section
917.05 of the Revised Code is guilty of a misdemeanor of the fourth
degree.

(D)
Whoever violates division (E) or (F) of section 917.05 of the Revised
Code is guilty of a misdemeanor of the second degree on a first
offense and a misdemeanor of the first degree on each subsequent
offense.

(E)
Each day of violation of a provision described in divisions (A) to
(D) of this section constitutes a separate offense.

(F)

Whoever
recklessly violates division (A) of section 917.04 of the Revised
Code or division (A) of section 917.041 of the Revised code is guilty
of a misdemeanor of the first degree on a first offense, a felony of
the fifth degree on a second offense, and a felony of the fourth
degree on each subsequent offense.

(G)
Whoever recklessly violates division (B), (C), (D), (E), or (F) of
section 917.04 of the Revised Code, division (B) or (C) of section
917.041 of the Revised Code, or division (A) or (B) of section
917.042 of the Revised Code is guilty of a misdemeanor of the second
degree on a first offense and a misdemeanor of the first degree on
each subsequent offense.

(H)

The
court imposing a fine under
divisions
(A) to (D) of
this
section shall order that not less than fifty per cent of the fine be
disbursed to the treasurer of state for deposit into the dairy
industry fund created in section 917.07 of the Revised Code. Subject
to that minimum percentage, the court's order shall specify the
percentage of the fine that the clerk of the court shall disburse to
the treasurer of state. The clerk of the court shall disburse the
remainder of the fine to the county treasurer.

Section
2.
That
existing sections 917.01, 917.02, 917.04, 917.07, 917.09, and 917.99
of the Revised Code are hereby repealed.

Section
3.
Sections
1 and 2 of this act take effect on January 1, 2027.

Section
4.
This
act shall be known as the Farm-to-Consumer Access to Raw Milk Act.