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HB 1449

Public Health - Milk Products - Direct-to-Consumer Sale of Raw Milk for Human Consumption

2025 Regular Session Introduced by Tiffany Alston and 10 co-sponsors

Authorizes direct-to-consumer raw milk sales in Maryland under an MDH permit, with health, testing, labeling, and enforcement rules affecting farms, sellers, and consumers.

Hearing 3/10 at 11:30 a.m.
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Bill Summary · HB 1449

HB 1449 — Public Health: Milk Products — Direct‑to‑Consumer Sale of Raw Milk for Human Consumption (Maryland)

Status: Hearing scheduled 3/10 at 11:30 a.m.
Introduced: November 21, 2024
Primary sponsor(s): Delegates Szeliga and others

Purpose / Intent

Authorize and regulate the direct‑to‑consumer sale of raw (unpasteurized) milk for human consumption by creating a new permitting program within the Maryland Department of Health (MDH). Establish public‑health‑oriented requirements for herd health, water and facility sanitation, microbiological testing, labeling, packaging, monitoring, and enforcement.

Key provisions

  • Creates a new Subtitle 5 in the Health – General Article governing “Direct‑to‑Consumer Sale of Raw Milk.”
  • Requires a permit from the Secretary of Health before a person may sell raw milk directly to consumers.
  • Permits are valid for one year and may be renewed; renewal fee equals the initial permit fee.
  • Secretary may adopt implementing regulations.

Permit eligibility and pre‑issuance requirements

Before issuing a new permit MDH must:
- Inspect the dairy farm and confirm compliance with statutory requirements.
- Receive a written veterinarian report showing the milking animal/herd is in apparent good health and free of communicable disease, brucellosis (serology) and tuberculosis (test).
- If the farm is not on a public/municipal water supply, test the farm water supply (including recirculated cooling water). Required limits: most probable number (MPN) coliforms <2.2 per 100 mL by multiple tube fermentation or ≤1 per 1000 mL by membrane filter/chromogenic technique. Plate heat exchangers/tubular coolers must have backflow prevention devices.
- Document ability to produce bacteriologically safe raw milk via a specified sampling protocol.

Microbiological sampling and ongoing monitoring

  • An MDH‑approved sampler must take three commingled bulk‑tank samples at least 7 days apart, taken unannounced, and submit them to a State‑approved lab or MDH.
  • If the first sample shows no pathogenic bacteria, the second and third need not be tested and milk is deemed bacteriologically safe.
  • If pathogenic bacteria are detected, two consecutive negative tests from samples drawn ≥7 days apart are required to reestablish safety; applicants may repeat the process until three successive compliant samples are obtained.
  • MDH must annually sample and analyze packaged raw milk before consumer delivery; if ≥2 samples exceed bacteriological limits, MDH can require a shortened sell‑by period until compliance is re‑established.

Packaging, labeling, sell‑by date, storage

  • Sale of raw milk after the printed sell‑by date is prohibited.
  • Sell‑by date generally may not be later than 17 days after the day immediately following production (subject to MDH regulation and adjusted when bacteriological limits are exceeded).
  • Temperature and bottling/packaging requirements are established (statutory text truncated in source but included in bill framework).

Enforcement, suspension, and seizure

  • MDH may inspect farms, review records, draw samples, conduct tests, and take necessary actions.
  • Secretary may suspend or revoke permits for violations. Except for immediate public‑health threats, permit suspension requires at least 5 days’ certified‑mail notice and notice of right to a hearing.
  • If pathogenic bacteria or foreign substances are detected or products are an immediate threat, MDH need not give prior notice and must request voluntary cessation of sales; failure to cease can prompt referral to the local health department (LHD), consultation with the Attorney General, permit suspension/revocation, and other actions.
  • MDH may seize, condemn, denature or destroy unsafe raw milk/raw milk products without compensation.
  • Opportunity for expedited hearing: a person whose permit is (or will be) suspended may request a hearing within 48 hours; MDH must hold the hearing within 72 hours of the request. Final decisions are appealable.

Exemptions

  • The subtitle does not apply to dairy farms with three or fewer cows or 10 or fewer goats.

Fiscal impact (from MD Legislative Services fiscal note)

  • MDH general fund expenditures estimated to increase by $573,400 in FY 2026 (personnel, equipment, testing, service contracts); ongoing costs projected at ~$459,600 in FY 2027 and rising with inflation thereafter.
  • General fund revenues increase by an indeterminate — likely minimal — amount beginning FY 2026 from permit fees.
  • Local health departments may incur increased personnel costs.
  • Small business impact: fiscal note indicates meaningful effects on small farms and sellers (new compliance, testing, recordkeeping and potential costs).

Who is affected

  • Dairy farms and individuals selling raw milk direct to consumers in Maryland (except very small farms exempted).
  • Consumers who purchase raw milk.
  • Maryland Department of Health, state‑approved laboratories, local health departments, and the Office of the Attorney General.

Procedural notes

  • Introduced Nov. 21, 2024; hearing noted for March 10 (per bill header). Fiscal and statutory language specify requirements and enforcement framework; MDH authorized to adopt regulations to implement the program.

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

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