OCTOBER 2, 2024 -- In the not-too-distant future, Delaware consumers will be able to buy unpasteurized milk directly from dairy producers.
Last week, Gov. John Carney quietly signed the Consumer Choice Milk Act (Senate Bill 273). Authored by Sen. Eric Buckson (R-South Dover), the bipartisan bill was overwhelmingly approved by the General Assembly three months earlier.
For decades, all milk sold in The First State was required to be pasteurized, a heating process that eliminates most pathogens. While effective at reducing the risk of illness and lengthening shelf life, critics say those gains come at a severe cost.
Farmers producing milk for their private consumption were not required to pasteurize.
Raw milk consumers cite its richer taste and its reported health benefits. Advocates say raw milk contains probiotics, essential nutrients, helpful bacteria, and enzymes that support the immune system—aspects damaged or destroyed by pasteurization.
The Delaware Department of Agriculture, in consultation with the Department of Health and Social Services, will now craft and adopt regulations to administer the sales. Only direct transactions between milk producers and consumers will be allowed. Raw milk producers will be required to obtain a state permit and comply with sanitation, safe handling, labeling, testing, and inspection requirements that will be specified in the rules.
Supporters of the legislation say it could help revitalize the flagging dairy industry and spark the creation of new businesses. There are only 13 active Delaware dairy farms, 64 fewer than a decade ago. According to the Raw Milk Institute, producers of unpasteurized milk can earn a profit nearly ten times that of traditional milk sales.
Delaware Agriculture Sec. Mike Scuse supported the new law and said it will also allow the sale of products made from unpasteurized milk. However, he said the initial regulatory framework will focus on milk sales.
Nineteen states, including neighboring Pennsylvania, have legalized retail sales of unpasteurized milk. At least 14 other states allow direct farm-to-consumer sales, similar to Delaware's proposal.
State Reps. Mike Smith (R-Pike Creek Valley) and Tim Dukes (R-Laurel) were among the measure prime sponsors. State Reps. Shannon Morris (R-Felton, Harrington), Charles Postles (Milford North, Frederica), Jeff Spiegelman (R-Townsend, Clayton), Jesse Vanderwende (R-Greenwood, Bridgeville), and Lyndon Yearick (R-Camden, Wyoming) joined other co-sponsors on the bill.
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