Raw milk.

WORKING DRAFT
2013
STATE OF
WYOMING
13LSO-0107

SENATE FILE
NO.

SF0112

Raw milk.

Sponsored by:
Senator(s) Hastert and Representative(s) Wallis

A BILL

for

AN ACT relating to
food;
providing for sales of raw milk under a small herd permit as specified
;

providing rulemaking authority; providing a definition;
and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 35
‑
7
‑
128 is created to read:

35
‑
7
‑
128.

Raw milk.

(
a)

No person may sell or provide raw milk for human consumption to other than a person in the immediate
household
or a
nonpaying
guest unless the person has a small herd permit as provided in this section.

(b)

Prior to any sale of raw milk to other than a person in the immediate household or a
nonpaying
guest, a
person shall apply to the department for a small herd permit to sell raw milk. A small herd under this section shall be no more than three (3) lactating cows, seven (7) lactating goats or seven (7) lactating sheep. The application shall be on a
form required by the department and shall include verification of annual
tuberculosis
and
brucellosis
tests for each animal in the herd.

(c)

All raw milk sold under a small herd permit shall meet all federal and state required safety regulations other than requirements for
pasteurization
including, without limitation, requirements related to standard plate count, somatic cell count and being free from antibiotic.

(d)

No person shall sell raw milk to a restaurant or any other person who will use the raw milk in the preparation of food when the end consumer may not know that the
food
is or contains raw milk.

(e)

If the sale of raw milk occurs anywhere away from the point of production the raw milk shall be
labeled
. The
person selling the raw milk shall obtain prior approval for the label from the department.

(f)

The department shall adopt rules necessary for the implementation of this section.

(g)

The department may issue an order to temporarily stop the distribution of raw milk if it is deemed necessary to protect human health.

(h)

As used in this section "raw milk" means unpasteurized milk
and includes any milk product or dairy product produced using unpasteurized milk.

Section 2.
This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

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SF0112