H.R. 7880

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7880 Introduced in House (IH)]

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119th CONGRESS
2d Session
H. R. 7880

To prohibit Federal interference with the interstate traffic of 
unpasteurized milk and milk products that are packaged for direct human 
consumption.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

March 9, 2026

Mr. Massie (for himself, Ms. Pingree, Mr. Davidson, Mr. Grothman, Mr. 
Higgins of Louisiana, Mr. Perry, Mr. Roy, Mr. Smucker, Ms. Boebert, and 
Ms. Mace) introduced the following bill; which was referred to the 
Committee on Energy and Commerce

_______________________________________________________________________

A BILL

To prohibit Federal interference with the interstate traffic of 
unpasteurized milk and milk products that are packaged for direct human 
consumption.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Interstate Milk Freedom Act of 
2026''.

SEC. 2. INTERSTATE TRAFFIC OF UNPASTEURIZED MILK AND MILK PRODUCTS.

(a) In General.--Notwithstanding the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 301 et seq.), section 361 of the Public Health 
Service Act (42 U.S.C. 264), and any regulations or other guidance 
thereunder, a Federal department, agency, or court may not take any 
action (including any administrative, civil, criminal, or other action) 
that would prohibit, interfere with, regulate, or otherwise restrict 
the interstate traffic of milk, or a milk product, that is 
unpasteurized and packaged for direct human consumption, if--
(1) such prohibition, interference, regulation, or 
restriction is based on a determination that, solely because 
such milk or milk product is unpasteurized, such milk or milk 
product is adulterated, misbranded, or otherwise in violation 
of Federal law;
(2) the milk or milk product's State of origin allows (by 
law, regulation, or policy) unpasteurized milk or unpasteurized 
milk products to be distributed for direct human consumption by 
any means, including any form of retail sale, direct farm to 
consumer distribution, or cowshare;
(3) the milk or milk product is produced, packaged, and 
moved in compliance with the laws of such State of origin, 
including any such laws relating to labeling, warning, and 
packaging requirements; and
(4) the milk or milk product is moved from the State of 
origin with the intent to transport the milk or milk product to 
another State which allows the distribution of unpasteurized 
milk or unpasteurized milk products for direct human 
consumption, as described in paragraph (2), irrespective of 
whether the applicable laws of such other State are identical 
to the laws of the State of origin.
(b) No Preemption.--Nothing in this Act preempts any State law.
(c) Definitions.--In this Act, the following definitions apply:
(1) The term ``cowshare'' means an undivided interest in a 
milk-producing animal (such as a cow, goat, sheep, or water 
buffalo, or a herd of such animals) created by a written 
contractual relationship between a consumer and a farmer--
(A) that includes a legal bill of sale to the 
consumer for an interest in the animal or dairy herd 
and a boarding contract under which the consumer boards 
the animal or dairy herd in which the consumer has an 
interest with the farmer for care and milking; and
(B) under which the consumer is entitled to receive 
a share of milk from the animal or dairy herd.
(2) The term ``milk'' means the lacteal secretion, 
practically free from colostrum, obtained by the milking of one 
or more healthy animals.
(3) The term ``milk product''--
(A) means a food product made from milk; and
(B) includes low-fat milk, skim milk, cream, half 
and half, dry milk, nonfat milk, dry cream, condensed 
or concentrated milk products, cultured or acidified 
milk or milk products, kefir, eggnog, yogurt, butter, 
cheese, whey, condensed or dry whey or whey products, 
ice cream, ice milk, and other frozen dairy desserts.
(4) The term ``packaged for direct human consumption'' with 
respect to milk or milk products--
(A) means packaged for the final consumer and 
intended for human consumption; and
(B) does not apply if the milk or milk products are 
packaged for additional processing, including 
pasteurization, before being consumed by humans.
(5) The term ``pasteurized'' means the process of--
(A) heating milk or milk products to the applicable 
temperature specified in the tables contained in 
section 1240.61 of title 21, Code of Federal 
Regulations (as in effect on the date of enactment of 
this Act); and
(B) holding the milk or milk product continuously 
at or above that temperature for at least the 
corresponding specified time in such tables.
(6) The term ``unpasteurized'' means not pasteurized.
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