Interstate Milk Freedom Act of 2026

Bill Number

H.R. 7880

Origin Chamber

House

Congress

119th Congress, Session 2

Policy Area

Health

Status

Introduced

Latest Action

2026-03-09: Referred to the House Committee on Energy and Commerce.

Last Updated

2026-04-07T16:12:18Z

AI-Generated Summary

Purpose

The Interstate Milk Freedom Act of 2026 aims to prevent federal government actions that block or limit the movement of unpasteurized (raw) milk and milk products across state lines, as long as the milk is packaged for direct human consumption and meets specific state-based requirements. It promotes the free interstate trade of such products between states that already allow their sale or distribution.

Key Provisions

• Federal Non-Interference Rule: Federal departments, agencies, or courts cannot prohibit, regulate, or restrict the interstate transport of unpasteurized milk or milk products if:
• The restriction is based only on the lack of pasteurization (e.g., claiming it is unsafe or violates federal food safety rules).
• The originating state permits unpasteurized milk for direct human consumption through sales, farm-to-consumer delivery, or "cowshare" arrangements (where consumers own a share of a milk-producing animal and receive milk from it).
• The product complies with the originating state's laws on production, packaging, labeling, and safety warnings.
• The milk is being shipped to another state that also allows unpasteurized milk distribution, even if that state's rules differ slightly.
• No Impact on State Laws: The act does not override or replace any state regulations; states retain full control over their own rules.
• Definitions:
• Cowshare: A contract where a consumer buys a share in a farm animal (like a cow or goat) and gets a portion of its milk in return.
• Milk: Natural secretion from healthy animals, excluding early milk (colostrum).
• Milk product: Includes items like cheese, yogurt, butter, ice cream, and low-fat or skim milk made from milk.
• Packaged for direct human consumption: Sealed for end-users to drink or eat without further processing (e.g., no additional heating like pasteurization).
• Pasteurized: Heating milk to a specific temperature (as defined in federal regulations) for a set time to kill bacteria; unpasteurized means not treated this way.

Significant Changes to Existing Law

This bill overrides parts of the Federal Food, Drug, and Cosmetic Act (which regulates food safety and labeling) and the Public Health Service Act (which addresses disease prevention), along with related federal rules. Previously, these laws allowed the FDA to treat unpasteurized milk as potentially adulterated (unsafe) and restrict its interstate sale to protect public health from bacteria like those causing foodborne illnesses. The act limits federal authority, shifting focus to state permissions and preventing pasteurization-based blocks on interstate commerce.

Potential Impacts

• On Government Agencies: The FDA and other federal bodies (e.g., Department of Health and Human Services) would lose some enforcement power over raw milk interstate transport, potentially reducing their role in national food safety oversight but increasing reliance on state inspections.
• On Citizens: Consumers in states allowing raw milk could more easily access it from other permissive states, supporting preferences for raw products (believed by some to retain more nutrients). However, it may raise health risks if raw milk carries pathogens, as pasteurization is a standard federal safety measure.
• On International Relations: No direct impact, as the bill focuses solely on domestic interstate trade.

Main Stakeholders Affected

• Dairy Farmers and Producers: Those in states permitting raw milk sales benefit from expanded markets across state lines, potentially increasing income through direct-to-consumer or cowshare models.
• Consumers: Individuals seeking unpasteurized milk for dietary, cultural, or health reasons gain better access, but those concerned about safety may face indirect risks.
• States: Permissive states (about half allow some raw milk sales) see enhanced economic activity; restrictive states remain unaffected since shipments target only allowing states.
• Federal Agencies: Primarily the FDA, which must adjust enforcement to comply, possibly leading to more state-federal coordination.

Notable Legal, Constitutional, or Political Implications

• Legal: Reinforces the Commerce Clause of the U.S. Constitution by protecting interstate trade from undue federal burdens, while respecting the 10th Amendment (states' rights). It creates a narrow exception to federal food safety laws without fully repealing them, potentially leading to court challenges over health versus commerce priorities.
• Constitutional: Balances federal oversight with state autonomy, avoiding preemption to prevent conflicts with state police powers (authority over public health and safety).
• Political: Highlights debates on government regulation, food freedom, and personal choice versus public health protection. Sponsored by a bipartisan group, it reflects growing interest in reducing federal intervention in agriculture, but critics may argue it endangers vulnerable groups (e.g., children, elderly) from raw milk risks like listeria or E. coli outbreaks.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Massie, Thomas [R-KY-4]

Cosponsors (9)

Rep. Pingree, Chellie [D-ME-1], Rep. Davidson, Warren [R-OH-8], Rep. Grothman, Glenn [R-WI-6], Rep. Higgins, Clay [R-LA-3], Rep. Perry, Scott [R-PA-10], Rep. Roy, Chip [R-TX-21], Rep. Smucker, Lloyd [R-PA-11], Rep. Boebert, Lauren [R-CO-4], Rep. Mace, Nancy [R-SC-1]

Recent Actions

• 2026-03-09: Referred to the House Committee on Energy and Commerce.
• 2026-03-09: Introduced in House
• 2026-03-09: Introduced in House

Bill Versions

• Interstate Milk Freedom Act of 2026 — issued 2026-03-09 — PDF (5 pages)