Delaware Senate Bill 273
Session 152
An Act To Amend Title 3 And Title 16 Of The Delaware Code Relating To Milk And Milk Products.
Active
Passed House on Jun 27, 2024
Sponsors
20 Sponsors
Eric Buckson
Peter C. Schwartzkopf
Valerie Longhurst
Paul S. Baumbach
Michael F. Smith
S. Elizabeth Lockman
Timothy D. Dukes
Kerri Evelyn Harris
Stell Parker Selby
Russell Huxtable
David P. Sokola
David L. Wilson
William J. Carson
Kendra Johnson
Sean Matthews
Shannon Morris
Charles S Postles Jr.
Bryan Townsend
Jesse R. Vanderwende
Lyndon D. Yearick
First Action
May 2, 2024
Latest Action
Jun 27, 2024
Origin Chamber
Senate
Type
Bill
Bill Number
273
State
Delaware
Session
152
Eric Buckson
grade
Primary
Kerri Evelyn Harris
grade
Primary
Russell Huxtable
grade
Primary
Stell Parker Selby
grade
Primary
checkPassed on May 23, 2024
Motion Text
SM
Senate Roll Call Votes
Other
Eric Buckson
Yes
Kyra L. Hoffner
Yes
Yes
Russell Huxtable
Yes
Other
Summary
This Act legalizes the sale and distribution of raw milk and products derived from raw milk by dairy producers directly to consumers for human consumption. This Act also removes the unused definitions of “Delaware fresh milk” and “northeastern fresh milk” from Subchapter VI of Title 3. The definition of “fresh milk” under current § 3175 of Title 3 is retained.
The sale of raw milk, which is unprocessed, unpasteurized, and unhomogenized, is currently prohibited by Section 9 of the current United States Department of Health and Human Services' Grade "A" Pasteurized Milk Ordinance, as amended, which the Delaware Department of Health and Social Services adopted by regulation. However, consumers are increasingly demanding the opportunity to purchase raw milk in Delaware, rather than traveling to other states that permit raw milk sales. Allowing raw milk and products derived from raw milk to be sold in Delaware will respond to that demand while also providing new economic opportunities for Delaware dairy producers. These economic benefits can be significant; the Raw Milk Institute estimates that raw milk producers can earn a profit that is nearly 10 times what they earn for regular milk sales.
To achieve these benefits and meet consumer demand, this Act creates a raw milk permit to be issued and enforced by the Department of Agriculture, and exempts raw milk permit holders from the State of Delaware Milk Code provided they comply with all requirements of the Act. This Act provides that no raw milk or product derived from raw milk may be sold in Delaware other than by a raw milk permit holder or an individual under the direct supervision of a raw milk permit holder, such as an employee. The sale or distribution of raw milk and products derived from raw milk must be made directly by the permit holder or individual under the supervision of the permit holder to the consumer and not for purposes of resale. This Act also establishes requirements for signage and labeling informing consumers that raw milk is unprocessed, unpasteurized, and unhomogenized and may contain harmful bacteria. The Department of Agriculture, in consultation with the Department of Health and Social Services, is responsible for promulgating regulations to administer the raw milk permit program and for ensuring compliance with this Act.
This Act goes into effect on enactment and is to be implemented the earlier of the following:
(1) 1 year from the date of the Act’s enactment.
(2) Notice by the Secretary of Agriculture published in the Register of Regulations that final regulations to implement this Act have been adopted.
This Act may be cited as “The Consumer Choice Milk Act“.
Sort by most recent
06/27/2024
House
Passed By House. Votes: 39 YES 2 NO
06/11/2024
House
Reported Out of Committee (Agriculture) in House with 6 Favorable, 3 On Its Merits
06/06/2024
House
Assigned to Agriculture Committee in House
05/23/2024
Senate
Passed By Senate. Votes: 14 YES 5 NO 2 ABSENT
05/15/2024
Senate
Reported Out of Committee (Agriculture) in Senate with 5 Favorable
05/02/2024
Senate
Introduced and Assigned to Agriculture Committee in Senate
Sources
Open States
Record Created
May 2, 2024 9:21:11 PM
Record Updated
Jun 28, 2024 5:48:06 PM