[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1955 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1955

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 7, 2011

   Mr. Paul introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 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.), 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) Definitions.--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.
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