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HB 5217

AN ACT RELATING TO HEALTH AND SAFETY -- THE RHODE ISLAND CLEAN AIR PRESERVATION ACT

2025 Regular Session Introduced by David Bennett and 4 co-sponsors

Allows direct farm-to-consumer sales of unpasteurized milk under conditions, keeps pasteurization for most products, contingent on HB 5218/5219.

02/06/2025 Committee recommended measure be held for further study
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Bill Summary · HB 5217

Summary — HB 5217 (2025): Allows certain sales of unpasteurized (raw) milk and related amendments to the Grade A Milk Law

Status & context
- Introduced: March 14, 2025 (later electronically reproduced/introduced Nov. 5, 2025 by Rep. Matt Maddock). Referred to committee; public hearing May 5, 2025; left pending. Companion Senate bill: SB 899.
- Amends: 2001 PA 266 (“Grade A milk law of 2001”), sections 30 and 68 (MCL 288.500 and 288.538), as last amended by 2008 PA 136.
- Tie-bar: This act does not take effect unless HB 5218 and HB 5219 of the 103rd Legislature are also enacted.

Purpose / intent
- To modify licensing and sale rules for Grade A milk and milk products and to permit certain limited sales of unpasteurized (raw) milk and unpasteurized milk products directly to consumers under specified conditions.

Key provisions and changes
1. Licensing clarifications and exemptions (amendment to MCL 288.500 / Sec. 30)
- Lists activities requiring a license (produce Grade A milk for sale, collect regulatory samples, operate bulk milk tank trucks, process/label/distribute/sell Grade A milk/products, wash milk tank trucks, manufacture single‑service containers — with some exemptions).
- Retail food establishments licensed under the Food Law of 2000 are exempt from this act’s licensure if they comply with subsection (8) and remain licensed under the Food Law; they may sell products packaged at a facility licensed under the milk law.
- Manufacture of single‑service containers for Grade A dry milk is exempt.
- State agencies operating dairy facilities under an MOU with the department are exempt from licensure/producer security but must otherwise comply.
- Applicants for initial Grade A dairy farm permits must complete director‑approved education on drug‑residue avoidance (per the Pasteurized Milk Ordinance).
- Director may issue temporary licenses and may examine plant books/records under specified conditions.

  1. Sale and pasteurization rules (amendment to MCL 288.538 / Sec. 68)
    • Retains that milk and milk products generally must be pasteurized per the Pasteurized Milk Ordinance.
    • Adds a carve‑out: unpasteurized milk and products may be sold to the final consumer by a “direct farm‑to‑consumer producer” or a “designated agent” if they comply with section 4102a of the Food Law of 2000 (MCL 289.4102a) and section 70a of the manufacturing milk law (MCL 288.630a).
    • Continues rules for aseptic, thermally processed, and hermetically sealed packaging to comply with FDA regulations (21 CFR parts 108, 110, 113, 114 where applicable).

Who is affected
- Direct farm‑to‑consumer producers (on‑farm sellers) and designated agents: permitted to sell unpasteurized milk/products directly to final consumers if they meet statutory conditions.
- Retail food establishments: retain limited exemptions but must meet Food Law requirements and restrictions on wholesale sales.
- Milk processors, transport companies, manufacturers of containers, and dairy plants: licensing/inspection/compliance provisions remain and are clarified.
- State departments operating dairy facilities: MOU exemption affects licensure/producer security requirements.

Potential impacts and considerations
- Expands legal pathways for farm‑level direct sales of raw milk and raw milk products to consumers, potentially increasing on‑farm and farmers‑market sales subject to compliance with food law provisions.
- Could reduce licensure burdens for some direct sellers but maintains regulatory controls via cross‑reference to Food Law section 4102a and manufacturing milk law section 70a.
- Public‑health implications (raw milk pathogen risk) are addressed indirectly by requiring compliance with specified food law provisions; the bill itself does not detail additional safety protocols beyond the referenced statutes and ordinances.
- Enactment is conditional on two related bills (HB 5218 and HB 5219), so the changes will not take effect unless all three pass.

For readers: see MCL 288.500, 288.538, MCL 289.4102a, and MCL 288.630a for the statutory text referenced by this bill.

Compiled from official sources — confirm details with the bill’s official record.

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