“America’s Dairyland” has maintained one of the most restrictive raw milk regulations in the U.S. But State Rep. Elijah Behnke R-89th District, last month pre-filed Senate Bill (SB) 781 to reform the regulation of raw milk in Wisconsin. I have been following this issue for over two decades. In 2010, a bill was introduced to lessen the restrictions on the sale of raw milk that was vetoed by then-Governor Jim Doyle. Since then, there really has not been a serious effort to change the rules regarding the sale of raw milk in Wisconsin. Until now.

Current law generally prohibits the sale of unpasteurized “raw milk” and other products derived from raw milk. According to legislative staff, Wisconsin dairy farmers must have a milk producer license from the Department of Agriculture, Trade and Consumer Protection (DATCP) and a grade A permit from DATCP to sell grade A milk. It also requires a butter maker or cheesemaker to have a butter maker or cheesemaker license from DATCP. DATCP is the administrative body that promulgates rules for the operation of dairy farms and testing milk quality.

The newly proposed bill, in contrast, “allows a milk producer to receive a license from DATCP to sell unpasteurized dairy products processed on farm premises to consumers through delivery, at retail stores, or directly from a dairy farm. Under the bill, a milk producer who has a license to sell unpasteurized dairy products is not required to obtain a milk producer license, a grade A permit, or a butter maker or cheesemaker license if the milk producer does not send any milk to a dairy plant and sells no milk or milk products other than unpasteurized dairy products processed on farm premises,” according to the legislative staff report in support of the bill.

Many of the proponents of the sale of raw milk contend it is a better tasting, more nutritious product, containing vitamins and other properties that support immunity and overall health. Those opposed generally assert raw milk is far less safe than its pasteurized counterpart and point to illness data – particularly impacting children – in states where the sale of the product is legal. 

Given the importance of the dairy industry to Wisconsin, it will be interesting to watch the trajectory of this legislation. I for one will be doing so and will continue to provide updates in future posts.