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HB 1131

Schools; requiring the State Department of Education to amend state plan under the Every Student Succeeds Act; effective date; emergency.

2025 Regular Session Introduced by Ellen Pogemiller

ND HB1131 lets farms sell raw milk directly to consumers for personal use; bans wholesale/interstate sales, requires labeling, and exempts such farms from some regulations.

Referred to Common Education
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Bill Summary · HB 1131

Summary — HB 1131 (North Dakota)

AN ACT to amend and reenact section 4.1‑25‑40.1 of the North Dakota Century Code, relating to the sale of raw milk products; and to provide a penalty.

Main purpose

HB 1131 revises North Dakota law to expressly allow farms to sell unpasteurized (raw) milk and raw‑milk products directly to end consumers for personal consumption, while prohibiting wholesale or interstate distribution and requiring labeling. The bill also exempts farms that sell under the section from certain other statutory chapters. The bill’s title indicates a penalty provision; available text in the legislative packet is unclear on the precise penalty language (see Note below).

Key provisions (as amended)

  • Adds/amends NDCC § 4.1‑25‑40.1 (Sale of raw milk or raw milk products directly to a consumer — Prohibitions/Exemptions).
  • Direct sales permitted: A farm may sell raw milk or raw milk products directly to the end consumer in North Dakota for personal consumption.
  • Resale and distribution limits: A farm may not sell raw milk or raw milk products to wholesalers or retail stores for mass consumption. Sales may not involve interstate commerce, and raw milk/products may not be donated.
  • Regulatory exemptions: A farm selling under this section is not subject to other provisions of the same chapter or chapters 4.1‑05, 4.1‑26, 19‑02.1, 23‑9, or title 64 (i.e., certain state regulatory and licensing provisions do not apply to these direct sales).
  • Labeling requirement: Raw milk and raw‑milk products sold under this section must be labeled “raw milk” or “made with raw milk.”

Who is affected

  • Farms and dairy producers that choose to sell unpasteurized milk directly to consumers (primary effect).
  • Consumers who buy raw milk directly from farms.
  • Wholesalers, retail stores, and food distributors (prohibited from receiving these raw products under this section).
  • State regulatory agencies previously applying the cited chapters (their enforcement scope is narrowed for farms operating under this section).
  • Potentially public health authorities, given the public‑health implications of raw milk consumption.

Procedural / timeline notes

  • Introduced: November 12, 2024.
  • Amended and advanced through committee; recorded House vote: Yeas 87, Nays 5; Senate vote: Yeas 45, Nays 0.
  • Enrolled and transmitted to Governor; Governor signed (dates in legislative file include signature and filing with Secretary of State in March–April 2025). The legislative packet indicates the bill was enacted (Act numbering/notifications appear in the legislative actions).
  • Statute amended: NDCC § 4.1‑25‑40.1 (effective as provided in the enrolled act — consult the official session laws for the effective date).

Implementation and impact considerations

  • Expands lawful activity for farms (new direct‑to‑consumer market) but limits broader distribution.
  • Removes certain regulatory requirements for farms selling under the section; this may reduce compliance costs for those producers but could change oversight and public‑health monitoring.
  • The labeling requirement seeks to inform consumers of product status; public‑health agencies may still advise about risks of raw milk.
  • The legislative text in the committee/enrolled copies contains some ambiguous phrasing (e.g., “shall only may not sell ...”) and the specific penalty language referenced in the bill title is not clearly shown in the excerpts provided. For authoritative, operative language (including any penalty), consult the final enrolled chapter published in the North Dakota Session Laws or the codified text at NDCC § 4.1‑25‑40.1.

If you want, I can retrieve and quote the final enrolled/official version of § 4.1‑25‑40.1 (including exact penalty language and the statute’s effective date) from the state session laws or the updated NDCC.

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

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