[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 778 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 778

  To authorize the interstate traffic of unpasteurized milk and milk 
        products that are packaged for direct human consumption.


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                    IN THE HOUSE OF REPRESENTATIVES

                            January 28, 2009

   Mr. Paul introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
  To authorize the interstate traffic of unpasteurized milk and milk 
        products that are packaged for direct human consumption.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. INTERSTATE TRAFFIC OF UNPASTEURIZED MILK AND MILK PRODUCTS.

    (a) Sale Allowed.--Notwithstanding the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 301 et seq.) and section 361 of the Public 
Health Service Act (42 U.S.C. 264), and any regulations or other 
guidance issued thereunder, a Federal department, agency, or court may 
not take any action (administrative, civil, criminal, or otherwise) 
that would prohibit, interfere with, regulate, or otherwise restrict 
the interstate traffic of milk, or a milk product, that is 
unpasteurized and packaged for direct human consumption solely on the 
basis that the milk or milk product is unpasteurized and is therefore 
adulterated, misbranded, or otherwise in violation of Federal law.
    (b) Definitions.--In this section, the following definitions apply:
            (1) The terms ``interstate traffic'', ``milk'', and ``milk 
        products'' have the meanings given those terms in section 
        1240.3 of title 21, Code of Federal Regulations (as in effect 
        on the date of enactment of this Act).
            (2) The term ``packaged for direct human consumption'' 
        means milk and milk products that are packaged for the final 
        consumer and intended for human consumption. Such term does not 
        include milk and milk products that are packaged for additional 
        processing, including pasteurization, before being consumed by 
        humans.
            (3) The term ``pasteurized'' means the process of heating 
        milk and milk products to the applicable temperature specified 
        in the tables contained in section 1240.61 of title 21, Code of 
        Federal Regulations (or successor regulations), and held 
        continuously at or above that temperature for at least the 
        corresponding specified time in such tables.
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