1.Interstate traffic of
unpasteurized milk and milk products
(a)Notwithstanding the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 301 et seq.), section 361 of the Public Health Service Act (42
U.S.C. 264), and any regulations or other guidance issued under such Act or
section, a Federal department, agency, or court may not take any action (such
as administrative, civil, criminal, or other actions) 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, if such restriction is based on the determination that, solely
because such milk or milk product is unpasteurized, such milk or milk product
is adulterated, misbranded, or otherwise in violation of Federal law.
(b)In
this section, the following definitions apply:
(1)The terms interstate traffic,
milk, and milk product 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.