Interstate Milk Freedom Act of 2026
Sponsored By: Representative Massie
Introduced
Summary
Protect interstate movement of unpasteurized milk and milk products by blocking federal action under federal food safety laws against interstate shipments that meet four conditions. The bill would allow interstate transport when the product is legal in the State of origin, packaged for final consumption, produced and labeled according to that State's laws, and headed to a State that also permits such distribution.
Show full summary
- Families and consumers: More access to raw milk across state lines when both the origin and destination states allow distribution and the product is packaged for direct human consumption and labeled per origin rules.
- Farmers and sellers: Producers in permissive states could ship unpasteurized milk and a wide range of dairy products to buyers in other permissive states if they follow origin-state production, packaging, and labeling requirements. Cowshare arrangements count as a qualifying ownership method.
- Federal and state authority: Limits federal enforcement under the Federal Food, Drug, and Cosmetic Act and the Public Health Service Act for qualifying shipments while explicitly preserving state laws and regulations.
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Bill Overview
Analyzed Economic Effects
2 provisions identified: 1 benefits, 0 costs, 1 mixed.
Protect interstate raw milk shipments
This bill would bar federal agencies and courts from stopping interstate shipments of unpasteurized milk and dairy products packaged for direct human consumption. The protection would apply only when four conditions are met. Condition one: any federal action is based solely on the product being unpasteurized. Condition two: the State of origin allows distribution for direct human consumption, including retail sale, farm-to-consumer, or cowshare. Condition three: the product was produced, packaged, and moved in compliance with the origin State's laws, including labeling and warning requirements. Condition four: the product is being sent to a State that allows such distribution, even if that State's laws are not identical. This rule would take effect upon enactment.
Raw milk definitions and State rules
This bill would define key terms used in the Act. It would define "cowshare" as a written ownership interest created by a bill of sale plus a boarding contract that entitles the consumer to a share of milk. It would define "milk" and list what counts as a "milk product." It would say "packaged for direct human consumption" does not include packaging meant for further processing like pasteurization. The bill would adopt the pasteurization temperatures and times in 21 C.F.R. 1240.61 as of the date of enactment. The bill would also say nothing in the Act preempts State law, so States keep their own rules. These definitions and the State-law preservation would take effect upon enactment.
Sponsors & CoSponsors
Sponsor
Massie
KY • R
Cosponsors
Pingree
ME • D
Sponsored 3/9/2026
Davidson
OH • R
Sponsored 3/9/2026
Grothman
WI • R
Sponsored 3/9/2026
Higgins (LA)
LA • R
Sponsored 3/9/2026
Perry
PA • R
Sponsored 3/9/2026
Roy
TX • R
Sponsored 3/9/2026
Smucker
PA • R
Sponsored 3/9/2026
Boebert
CO • R
Sponsored 3/9/2026
Mace
SC • R
Sponsored 3/9/2026
Roll Call Votes
No roll call votes available for this bill.
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