[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3563 Introduced in House (IH)]

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114th CONGRESS
  1st Session
                                H. R. 3563

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 18, 2015

   Mr. Massie (for himself, Ms. Pingree, Mr. Rigell, Mr. Nugent, Mr. 
 Rohrabacher, Mr. Jones, Mr. Brat, Mr. Polis, Mr. Amash, Mr. Meadows, 
 Mr. McClintock, and Mr. Gohmert) 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. SHORT TITLE.

    This Act may be cited as the ``Milk Freedom Act of 2015''.

SEC. 2. 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 prohibition, interference, regulation, or 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 term ``milk'' means the lacteal secretion, 
        practically free from colostrum, obtained by the milking of one 
        or more healthy animals.
            (2) The term ``milk product''--
                    (A) means a food product made from milk; and
                    (B) includes low-fat milk, skim milk, cream, half 
                and half, dry milk, nonfat milk, dry cream, condensed 
                or concentrated milk products, cultured or acidified 
                milk or milk products, kefir, eggnog, yogurt, butter, 
                cheese, whey, condensed or dry whey or whey products, 
                ice cream, ice milk, and other frozen dairy desserts.
            (3) 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.
            (4) 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.
            (5) The term ``unpasteurized'' means not pasteurized.
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