Summary — HB 5218 (Manufacturing Milk Law of 2001 — raw milk sales)
Status & procedural history
- Introduced (original filing): March 14, 2025.
- Bill electronically reproduced / re‑introduced: November 5, 2025 (Introduced by Rep. Matt Maddock; referred to Committee on Government Operations).
- Companion Senate bill: SB 2841.
- The bill amends 2001 PA 267 (Manufacturing Milk Law of 2001) by amending sections 111 and 136 (MCL 288.671 and 288.696) and adding section 70a. Enactment is conditioned (tie‑bar) on enactment of HB 5217 and HB 5219.
Purpose / intent
- To allow the manufacture and sale of raw (unpasteurized, non‑homogenized) milk and raw dairy products directly from farms to final consumers under specified labeling, production, and product quality standards, and to create an explicit statutory exception to the current general prohibition on offering raw milk and dairy products for sale.
Key provisions
1. New statutory section 70a — permits manufacture and sale or offer for sale of raw milk and raw dairy products to final consumers by:
- a direct farm‑to‑consumer producer or
- a designated agent,
provided the producer/agent complies with section 4102a of the Food Law of 2000 (MCL 289.4102a) and the section’s requirements.
2. Sales restrictions:
- Raw milk/products may NOT be sold at a retail food establishment.
- Sale is limited to final consumers (not wholesale or other business entities).
3. Packaging & labeling requirements (per container):
- Clean, food‑grade containers appropriate for dairy storage.
- Label must show bottling/packaging date (may include expiration), producer name and address, product name/type, volume/weight.
- Warning statement in at least 11‑point font: “This product is made with raw (unpasteurized) milk and may contain harmful bacteria. Not pasteurized. Not inspected by the Michigan Department of Agriculture and Rural Development. Consume at your own risk.”
- Producers may add refrigeration/consumption guidance.
4. Product and herd standards (subject to section 138 where applicable):
- Cooling: Cooled to and maintained at 45°F (7°C) or less within 2 hours after milking and kept at that temperature until purchase.
- Bacterial limit: ≤ 15,000 per ml.
- Somatic cell count: ≤ 600,000 per ml.
- Coliform count: ≤ 10 per ml.
- Infectious disease: No positive test results for brucellosis or tuberculosis; animals must be tested at least once every 12 months.
5. Amendments to Sec. 111 and Sec. 136:
- Sec. 111 clarifies exemptions: direct farm‑to‑consumer producers complying with MCL 289.4102a are exempt from licensing provisions.
- Sec. 136 retains general rule that only pasteurized milk/products may be sold except as provided in the new sections (70a and 138).
Who is affected
- Direct farm‑to‑consumer milk producers seeking to sell raw milk and raw dairy products to final consumers.
- Designated agents acting on behalf of such producers.
- Consumers who purchase raw milk products directly from farms.
- Michigan Department of Agriculture and Rural Development (MDARD) — responsibilities for compliance monitoring, though the label expressly states “Not inspected by the Michigan Department of Agriculture and Rural Development.”
- Retail food establishments (prohibited as points of sale for raw milk under this bill).
Potential impacts and notes
- Public health tradeoffs: establishes microbiological, temperature, and herd testing standards intended to reduce risk, but raw products remain higher‑risk than pasteurized equivalents; label requires consumer warning that MDARD did not inspect the product.
- Regulatory/implementation details (inspection, testing frequency beyond animal testing, enforcement mechanisms, penalties) are referenced as subject to section 138 and other existing law; those operational rules may require follow‑on administrative actions or clarification.
- Enactment depends on companion bills (HB 5217, HB 5219) per the bill’s enacting provision.
