Sale of raw milk and raw milk products not prohibited — Definitions

Ark. Code Ann. § 20-59-248 — under Milk and Dairy Products.

Ark. Code Ann. § 20-59-248

(a) As used in this section:(1) “Locally produced whole milk products” means whole milk that has been produced on an Arkansas farm;(2) “Raw milk” means goat milk, sheep milk, and whole milk that has not been pasteurized;(3) “Raw milk product” means a consumer product that is the result of processes that include raw milk or raw cream as an ingredient including without limitation butter, buttermilk, cheese, cottage cheese, kefir, yogurt, colostrum, and other derivative products that use raw milk as an ingredient; and(4) (A) “Whole milk” means the lacteal secretion obtained by the complete milking of one (1) or more healthy cows, properly fed and kept, that when offered for sale contains at least three and one-fourth percent (3.25%) of butterfat and eight and one-fourth percent (8.25%) solids not fat.(B) “Whole milk” does not include lacteal secretion obtained within fifteen (15) days before or five (5) days after calving or a longer period if necessary to render the milk practically colostrum free.

(1) “Locally produced whole milk products” means whole milk that has been produced on an Arkansas farm;

(2) “Raw milk” means goat milk, sheep milk, and whole milk that has not been pasteurized;

(3) “Raw milk product” means a consumer product that is the result of processes that include raw milk or raw cream as an ingredient including without limitation butter, buttermilk, cheese, cottage cheese, kefir, yogurt, colostrum, and other derivative products that use raw milk as an ingredient; and

(4) (A) “Whole milk” means the lacteal secretion obtained by the complete milking of one (1) or more healthy cows, properly fed and kept, that when offered for sale contains at least three and one-fourth percent (3.25%) of butterfat and eight and one-fourth percent (8.25%) solids not fat.(B) “Whole milk” does not include lacteal secretion obtained within fifteen (15) days before or five (5) days after calving or a longer period if necessary to render the milk practically colostrum free.

(A) “Whole milk” means the lacteal secretion obtained by the complete milking of one (1) or more healthy cows, properly fed and kept, that when offered for sale contains at least three and one-fourth percent (3.25%) of butterfat and eight and one-fourth percent (8.25%) solids not fat.

(B) “Whole milk” does not include lacteal secretion obtained within fifteen (15) days before or five (5) days after calving or a longer period if necessary to render the milk practically colostrum free.

(b) This subchapter does not:(1) Prohibit sales of raw milk, raw milk products, and whole milk that has not been pasteurized directly to consumers:(A) At the farm where the milk is produced;(B) At a farmer's market;(C) At a natural food store; or(D) Via delivery from the farm where the milk is produced; or(2) Preclude the advertising of raw milk, raw milk products, and whole milk that has not been pasteurized.

(1) Prohibit sales of raw milk, raw milk products, and whole milk that has not been pasteurized directly to consumers:(A) At the farm where the milk is produced;(B) At a farmer's market;(C) At a natural food store; or(D) Via delivery from the farm where the milk is produced; or

(A) At the farm where the milk is produced;

(B) At a farmer's market;

(C) At a natural food store; or

(D) Via delivery from the farm where the milk is produced; or

(2) Preclude the advertising of raw milk, raw milk products, and whole milk that has not been pasteurized.

(c) With respect to raw milk and whole milk that has not been pasteurized, the seller shall:(1) Post at the point of sale a sign that is no smaller than eighteen inches by twenty-four inches (18” x 24”) that includes the following information in large, clear text:(A) The name and address of the farm with seller's contact information; and(B) The following statement:“This product, sold for personal use and not for resale, is fresh whole milk that has NOT been pasteurized. Neither this farm nor the milk sold by this farm has been inspected by the State of Arkansas. The consumer assumes all liability for health issues that may result from the consumption of this product.”; and(2) Affix a label to the bottle or package that includes:(A) The name and address of the farm; and(B) The following statement:“This product, sold for personal use and not for resale, is fresh whole milk that has NOT been pasteurized. Neither this farm nor the milk sold by this farm has been inspected by the State of Arkansas. The consumer assumes all liability for health issues that may result from the consumption of this product.”.

(1) Post at the point of sale a sign that is no smaller than eighteen inches by twenty-four inches (18” x 24”) that includes the following information in large, clear text:(A) The name and address of the farm with seller's contact information; and(B) The following statement:“This product, sold for personal use and not for resale, is fresh whole milk that has NOT been pasteurized. Neither this farm nor the milk sold by this farm has been inspected by the State of Arkansas. The consumer assumes all liability for health issues that may result from the consumption of this product.”; and

(A) The name and address of the farm with seller's contact information; and

(B) The following statement:

“This product, sold for personal use and not for resale, is fresh whole milk that has NOT been pasteurized. Neither this farm nor the milk sold by this farm has been inspected by the State of Arkansas. The consumer assumes all liability for health issues that may result from the consumption of this product.”; and

(2) Affix a label to the bottle or package that includes:(A) The name and address of the farm; and(B) The following statement:“This product, sold for personal use and not for resale, is fresh whole milk that has NOT been pasteurized. Neither this farm nor the milk sold by this farm has been inspected by the State of Arkansas. The consumer assumes all liability for health issues that may result from the consumption of this product.”.

(A) The name and address of the farm; and

(B) The following statement:

“This product, sold for personal use and not for resale, is fresh whole milk that has NOT been pasteurized. Neither this farm nor the milk sold by this farm has been inspected by the State of Arkansas. The consumer assumes all liability for health issues that may result from the consumption of this product.”.

(d) A farmer who sells fresh whole unpasteurized milk shall permit inspection of his or her cows and barns by his or her customers upon request.

(e) Raw milk products produced in this state may be sold at a location that is not the farm where the raw milk product is produced if:(1) The raw milk product is clearly labeled with the following statement:“WARNING: This product, sold for personal use and not for resale, is a product that has NOT been pasteurized and may contain harmful bacteria that can cause serious illness. The consumer assumes all liability for health issues that may result from the consumption of this product.”;(2) The raw milk product is always refrigerated or on ice and kept at a temperature at or below forty degrees Fahrenheit (40° F) before the sale to the consumer; and(3) The consumer signs an acknowledgment of risk that the consumer assumes all liability for health issues that may result from the consumption of the raw milk product.

(1) The raw milk product is clearly labeled with the following statement:

“WARNING: This product, sold for personal use and not for resale, is a product that has NOT been pasteurized and may contain harmful bacteria that can cause serious illness. The consumer assumes all liability for health issues that may result from the consumption of this product.”;

(2) The raw milk product is always refrigerated or on ice and kept at a temperature at or below forty degrees Fahrenheit (40° F) before the sale to the consumer; and

(3) The consumer signs an acknowledgment of risk that the consumer assumes all liability for health issues that may result from the consumption of the raw milk product.