AN ACT to amend and reenact section 4.1-25-40.1 of the North Dakota Century Code, relating to the sale of raw milk products; and to provide a penalty.
Summary
HB 1131 amends North Dakota law governing the direct sale of raw milk and raw milk products from farms to consumers. The bill allows a farm to sell raw milk or raw milk products directly to the end consumer in the state for personal consumption, while continuing to prohibit sales to wholesalers or retail stores for mass consumption. It also bars sales outside the state, prohibits interstate commerce in these products, and states that raw milk or raw milk products may not be donated.
The bill further provides that a farm selling raw milk or raw milk products under this section is exempt from other provisions of several chapters of the North Dakota Century Code, including laws related to agriculture, food, public health, and title 64. It requires products to be labeled either "raw milk" or "made with raw milk," and the bill title indicates it also provides a penalty, though the text provided focuses on the sale rules and exemptions.
Impact
HB 1131 narrows and clarifies the legal framework for raw milk sales in North Dakota by expressly authorizing direct farm-to-consumer sales for personal consumption while preserving restrictions on wholesale, retail, out-of-state, and donated distribution. It also creates a broad exemption from other specified state regulatory chapters for farms operating under this section, reducing the reach of general agricultural, food safety, and related regulatory requirements for these sales. The bill affects raw milk producers, consumers who purchase directly from farms, and state regulators responsible for food and agricultural oversight.
Sentiment
The bill appears to have received generally strong support in both chambers, passing the House and Senate by wide margins. The House second reading vote was 82-9 and later 87-5, and the Senate second reading vote was unanimous at 45-0. That voting pattern suggests broad legislative approval and limited opposition overall.
Contention
The main points of contention likely center on raw milk safety, public health regulation, and the extent to which farms should be exempt from broader food and agricultural laws. Supporters appear to favor consumer choice and direct farm sales, while opponents likely worry about the risks associated with unpasteurized milk, the prohibition on donation, and the bill’s broad exemption from other regulatory provisions. The recorded votes show that any opposition was relatively small, but it was present in the House rather than the Senate.