As Introduced

136th General Assembly

Regular Session H. B. No. 406

2025-2026

To amend sections 917.01, 917.02, 917.04, 917.07, 917.09, and 917.99 and to enact sections 917.041 and 917.042 of the Revised Code to regulate the sale of raw milk and to name this act the Farm-to-Consumer Access to Raw Milk Act.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 917.01, 917.02, 917.04, 917.07, 917.09, and 917.99 be amended and sections 917.041 and 917.042 of the Revised Code be enacted to read as follows:

Sec. 917.01. As used in this chapter:

(A) "Person" means any individual, government agency, political subdivision, partnership, corporation, association, co-operative association, or other business unit.

(B) "Co-operative association" or "agricultural cooperative association" means any agricultural cooperative organized under Chapter 1729. of the Revised Code and qualified to do business in this state if the director of agriculture finds the association has, in good faith, its entire activities under the control of its members and has been and is exercising full authority in the sale of milk or cream for its members.

(D) "Dealer" or "milk dealer" means a person who purchases or receives milk from a producer for the purpose of bottling, packaging, selling, processing, jobbing, brokering, or distributing the milk except where the milk is disposed of in the same container in which it is received, without removal from the container and without processing in any way except by necessary refrigeration. Any person who buys and distributes milk in containers under the person's own label is a dealer.

(E) "Imitation" means imitation as described in 21 C.F.R. 101.3, as amended.

(F) "Milk" means the lacteal secretion, substantially free from colostrum, obtained by the complete milking of one or more healthy cows, goats, sheep, or other animals and intended for either of the following purposes:

(1) To be sold for human consumption or for use in dairy products;

(2) To be used for human consumption or for use in dairy products on the premises of a governmental agency or institution.

"Milk" does not include a blend of the lacteal secretions of different species.

(G) "Grade A milk" means milk produced by a person holding a valid producer license of the grade A milk category issued pursuant to section 917.09 of the Revised Code.

(H) "Manufacture milk" means milk produced by a person holding a valid producer license of the manufacture milk category issued pursuant to section 917.09 of the Revised Code.

(I) "Producer" or "milk producer" means a grade A milk producer or a manufacture milk producer.

(J) "Grade A milk producer" means a person located in this state who sells or offers for sale grade A milk obtained from a cow, goat, sheep, or other animal that the person owns or controls.

(K) "Manufacture milk producer" means a person located in this state who sells or offers for sale manufacture milk obtained from a cow, goat, sheep, or other animal that the person owns or controls.

(L) "Grade A milk products" means products derived from grade A milk and having the standard of identity, quality, strength, purity, grade, and, if added, permitted optional ingredients found in the standards of identity established for the products in rules adopted by the director under section 917.02 or 3715.02 of the Revised Code, and includes:

(1) Cottage cheese;

(2) Raw, pasteurized, or aseptically processed products derived from milk and described in either of the following:

(a) The most recent published recommendations of the food and drug administration, public health service, United States department of health and human services;

(b) Rules adopted by the director.

(M) "Manufactured milk products" means all products, other than raw milk for sale to the ultimate consumer and grade A milk products, that are derived from milk and are for human consumption, including:

(1) Butter;

(2) Natural or processed cheese;

(3) Evaporated, condensed, and dry products;

(4) Frozen desserts;

(5) Such other products derived from milk as the director may specify by rule that have the standard of identity, quality, strength, purity, grade, and, if added, permitted optional ingredients found in the standards of identity established for the product in rules adopted by the director under section 917.02 or 3715.02 of the Revised Code.

(N) "Dairy products" means milk, raw milk for sale to the ultimate consumer, grade A milk products, and manufactured milk products.

(O) "Frozen desserts" means frozen desserts, including the mixes, described in 21 C.F.R. 135, as amended, unless otherwise specified by the director by rule.

(P) "Milk plant" means a grade A milk plant or manufacture milk plant.

(Q) "Grade A milk plant" means a place, including a governmental operation, where grade A milk or a grade A milk product is collected, handled, controlled, processed, stored, pasteurized, ultra-pasteurized, repasteurized, aseptically processed, bottled, or prepared for distribution, but does not include a place where a grade A milk product is purchased in packaged form and is stored and handled for the sole purpose of sale to the ultimate consumer.

(R) "Manufacture milk plant" means a place, including a governmental operation, where manufacture milk or a manufactured milk product is collected, handled, controlled, manufactured, processed, stored, pasteurized, ultra-pasteurized, repasteurized, commercially sterilized, aseptically processed, bottled, or prepared for distribution, but does not include a place where a manufactured milk product is purchased in packaged form and is stored and handled for the sole purpose of sale to the ultimate consumer.

(S) "Raw milk" means unpasteurized milk from a cow, goat, or sheep.

~~(S)~~(T) "Raw milk for sale to the ultimate consumer" means the raw milk sold or offered for sale by a raw milk retailer licensed in accordance with this chapter.

(U) "Raw milk for sale as animal feed" means the raw milk sold or offered for sale for nonhuman consumption by a raw milk feed retailer licensed in accordance with this chapter.

~~(T)~~(V) "Raw milk retailer" means a person who, ~~prior to October 31, 1965, was engaged continuously in the business of selling or offering~~ sells or offers for sale raw milk directly to ultimate consumers and who holds a valid license to do so in accordance with this chapter.

~~(U)~~ (W) "Raw milk feed retailer" means a person who sells or offers for sale raw milk for animal consumption, but not for human consumption, and who holds a valid license to do so in accordance with this chapter.

(X) "Processor" or "milk processor" means a grade A milk processor or a manufacture milk processor.

~~(V)~~(Y) "Grade A milk processor" means a person who operates or controls a milk plant, transfer station, receiving station, or milk transport cleaning facility that is located in this state or from which grade A milk or grade A milk products are sold or offered for sale for human consumption, as applicable.

~~(W)~~(Z) "Manufacture milk processor" means any person who operates or controls a manufacture milk plant, transfer station, receiving station, or milk transport cleaning facility that is located in this state or from which manufacture milk or manufactured milk products are sold or offered for sale for human consumption, as applicable.

~~(X)~~(AA) "Weigher, sampler, or tester" means a person who, in order to determine volume, weight, or composition for the purpose of determining price, weighs, tests, or samples either of the following:

(1) Milk at a dairy farm;

(2) Milk or cream purchased by a dealer from a milk producer or co-operative association.

~~(Y)~~(BB) "Hauler" or "milk hauler" means a person who owns or leases a vehicle or conveyance used to transport raw milk, but does not include a producer transporting raw milk that the producer has produced.

~~(Z)~~(CC) "License" means a license issued under section 917.09 of the Revised Code and includes a registration issued under division (J) of that section.

Sec. 917.02. (A) The director of agriculture may do any of the following:

(1) Adopt rules in accordance with Chapter 119. of the Revised Code regulating all of the following:

(a) The sanitary production, storage, transportation, manufacturing, handling, processing, sampling, testing, examination, and sale of dairy products;

(b) The suspension and revocation of licenses issued under section 917.09 of the Revised Code, provided that the rules are in accordance with and do not conflict with section 917.22 of the Revised Code;

(c) Terms and renewal periods, registration requirements, categories, and fees for licenses issued under section 917.09 of the Revised Code, except that the fee for a producer's license shall not exceed fifteen dollars;

(d) Examinations that must be passed prior to issuance of a weigher, sampler, or tester license and inspections that must be passed prior to issuance of any other type of license issued under section 917.09 of the Revised Code;

(e) Procedures for issuing and renewing licenses under section 917.09 of the Revised Code;

(f) Information that an applicant for a license issued under section 917.09 of the Revised Code is required to provide on the application for licensure;

(g) Standards for equipment or materials used for the production, processing, and handling of dairy products;

(h) Records to be kept by persons holding a license issued under this chapter and the inspection and auditing of books and records of those persons, and any other records that are required to be kept by other rules adopted under this section;

(i) Security arrangements and evidence of financial responsibility for milk dealers, to ensure prompt payment to milk producers;

(j) Standards of identity, quality, strength, purity, grading, and labeling of dairy products;

(k) The production, processing, and handling of dairy products and the prompt and accurate payment for milk and cream by milk dealers, but not the establishment or control of the price of milk and cream;

(l) Criteria for the equipment, methods, or materials to be used in performing weighing, volumetric measuring, sampling, and testing of milk and its components when such an operation is used as the basis for determining payment for milk delivered to or purchased by dealers;

(m) The size and placement of labels and of words on labels required by section 917.04 of the Revised Code to be placed on final delivery containers used for the sale of raw milk to ultimate consumers.

The director shall have exclusive authority to administer and enforce rules adopted under division (A)(1) of this section.

(2) Enter into, with the approval of the milk sanitation board created in section 917.03 of the Revised Code, an agreement with a public or private entity that the director determines is properly qualified for the performance of any of the inspections and analyses required by this chapter;

(3) Adopt rules by reference to all or any part of the following recommendations:

(a) The grade A pasteurized milk ordinance, as amended, and the "grade A condensed and dry milk products and condensed and dry whey" supplement I to the grade A pasteurized milk ordinance of the food and drug administration, public health service, of the United States department of health and human services, to the extent those provisions do not conflict with the laws of this state;

(b) The most recent recommendations for milk for manufacturing purposes and its production and processing published in final form in the Federal Register by the United States department of agriculture, to the extent those recommendations do not conflict with the laws of this state.

(4) Administer and enforce this chapter and rules adopted under it and appoint inspectors and other personnel necessary to carry out this chapter and those rules;

(5) Embargo a dairy product that the director reasonably suspects, believes, or determines is adulterated as described in section 3715.59 of the Revised Code or is misbranded as described in section 3715.60 of the Revised Code;

(6) Adopt by reference all or any part of the rules governing the dairy industry adopted by the United States food and drug administration and the United States department of agriculture;

(7) Annually, not later than ninety days after the end of the state fiscal year, determine the expense of administering and enforcing this chapter and rules adopted under it during the preceding state fiscal year and report the determinations to the milk sanitation board.

(B) The director shall do ~~both~~ all of the following:

(1) Adopt rules in accordance with Chapter 119. of the Revised Code establishing requirements for continuing education courses for weighers, samplers, and testers licensed under section 917.09 of the Revised Code;

(2) Review continuing education courses for weighers, samplers, and testers licensed under section 917.09 of the Revised Code and grant approval to those that meet the requirements established in rules adopted under division (B)(1) of this section.

(3) Adopt rules in accordance with Chapter 119. of the Revised Code governing the sanitary production, storage, transportation, manufacturing, handling, sampling, testing, examination, and sale of raw milk to the ultimate consumer and for animal feed. The rules shall include a requirement that a raw milk retailer or a raw milk feed retailer enroll in a quality milk production service program that is approved by the director. The rules also shall establish requirements governing the use of labels required by section 917.04 of the Revised Code to be placed on final delivery containers used for the sale of raw milk to ultimate consumers and for the sale of raw milk as animal feed, including a requirement that each label contain the name and address of the farm where the milk was produced and the date of bottling.

Sec. 917.04. (A) No ~~raw milk retailer~~ person shall sell, offer for sale, or expose for sale raw milk to the ultimate consumer except a ~~raw milk retailer~~ person who~~, prior to October 31, 1965, was engaged continuously in the business of selling or offering for sale raw milk directly to ultimate consumers,~~ holds a valid raw milk retailer license issued under section 917.09 of the Revised Code~~, and is subject to the rules regulating the sale of raw milk adopted under this chapter~~.

(B) No person shall fail to label, in accordance with rules adopted by the director of agriculture under section 917.02 of the Revised Code, all final delivery containers used for the sale of raw milk to ultimate consumers with the words "~~this~~ RAW MILK: This product has not been pasteurized and may contain ~~disease producing organisms~~harmful bacteria."

(C)(1) No person shall sell raw milk to the ultimate consumer without providing a liability waiver, developed by the department of agriculture, that acknowledges the risks of consuming raw milk to the ultimate consumer and obtaining the signature of the purchaser.

(2) No person shall purchase raw milk without first signing a liability wavier acknowledging the risks of consuming raw milk.

(3) A person that sells raw milk to the ultimate consumer shall keep and maintain the liability waiver for a minimum of two years after the waiver is signed.

(D) A raw milk retailer shall test for salmonella, listeria, e. coli O157:H7, campylobacter, and staphylococci once per month. The raw milk retailer shall use an accredited laboratory to perform the tests.

(E)(1) No person shall sell raw milk to the ultimate consumer if the raw milk does not pass the required testing described in this section and section 917.042 of the Revised Code.

(2) A raw milk retailer shall immediately suspend the sale of raw milk if brucellosis, tuberculosis, or any other communicable disease is detected.

(F) No person shall sell, offer for sale, or expose for sale raw milk unless the person does so on the farm where the raw milk is produced or at a registered farm market.

Sec. 917.041. (A) No person shall sell, offer for sale, or expose for sale raw milk as animal feed except a person who holds a valid raw milk feed license issued under section 917.09 of the Revised Code.

(B) No person shall fail to label, in accordance with rules adopted by the director of agriculture under section 917.02 of the Revised Code, all final delivery containers used for the sale of raw milk as animal feed with the words "RAW MILK FOR ANIMAL FEED: NOT FOR HUMAN CONSUMPTION."

(C) No person who holds a valid raw milk feed license shall sell raw milk for human consumption unless the person also holds a valid raw milk retailer license in accordance with this chapter and does so in accordance with this chapter and rules adopted under it.

Sec. 917.042. (A)(1) A raw milk retailer and a raw milk feed retailer shall ensure the testing of all milking animals for brucellosis and tuberculosis conducted by a licensed accredited veterinarian in a manner and frequency determined by the director of agriculture.

(2) A raw milk retailer shall report every brucellosis and tuberculosis test result to the director in a manner determined by the director.

(B) A raw milk retailer and raw milk feed retailer shall test the water source used in raw milk production once per month. Such a retailer shall use an accredited laboratory to perform the tests.

(C) The director or the director's designee shall routinely inspect and sample farms that produce raw milk for sale to the ultimate consumer and raw milk for sale as animal feed.

(D) The director shall make all testing documents and inspection results available to the public on the department of agriculture's web site.

Sec. 917.07. The dairy industry fund is hereby created in the state treasury. All inspection fees and license fees collected under this chapter shall be deposited into the fund together with all fine moneys received by the treasurer of state pursuant to division ~~(F)~~(H) of section 917.99 of the Revised Code and any other moneys collected under this chapter.

Moneys credited to the dairy industry fund shall be used to operate and pay expenses of the division of dairy in the department of agriculture.

Sec. 917.09. (A) The director of agriculture may issue the following types of licenses:

(1) Producer;

(2) Processor;

(3) Milk dealer;

(4) Raw milk retailer, which shall be valid for one year after issuance and renewed in the same manner as an initial license;

(5) Weigher, sampler, or tester;

(6) Milk hauler.;

(7) Raw milk feed retailer, which shall be valid for one year after issuance and renewed in the same manner as an initial license.

(B) The director may adopt rules establishing categories for each type of license that are based on the grade or type of dairy product with which the licensee is involved.

(C) Except as provided in section 917.091 of the Revised Code and division (J) of this section, no person shall act as or hold the person's self out as a producer; processor; milk dealer; raw milk retailer; weigher, sampler, or tester; or milk hauler; or raw milk feed retailer unless the person holds a valid license issued by the director under this section.

(D) Each person desiring a license shall submit to the director a license application on a form prescribed by the director, accompanied by a license fee in an amount specified in rules adopted under section 917.02 of the Revised Code. The applicant shall specify on the application the type of license and category requested and shall include any other information required by rules adopted under section 917.02 of the Revised Code.

(E) Each applicant for a weigher, sampler, or tester license or registration, prior to issuance of the license or registration, shall pass an examination that is given in accordance with section 917.08 of the Revised Code and rules adopted under section 917.02 of the Revised Code.

Each applicant for any other type of license issued under this section, prior to issuance of the license, shall pass an inspection that is made in accordance with rules adopted under section 917.02 of the Revised Code.

(F) The director shall not issue a license to an applicant unless the director determines, through an inspection or otherwise, that the applicant is in compliance with the requirements set forth in this chapter and the rules adopted under it.

(G) Examinations that must be passed prior to issuance of a weigher, sampler, or tester license, inspections that must be passed prior to issuance of any other type of license issued under this section, procedures for issuing and renewing licenses, and license terms and renewal periods shall comply with rules adopted under section 917.02 of the Revised Code.

(H) Suspension and revocation of licenses shall comply with section 917.22 of the Revised Code and rules adopted under section 917.02 of the Revised Code.

(I) Each licensed weigher, sampler, and tester annually shall meet the continuing education requirements established in rules adopted under division (B) of section 917.02 of the Revised Code.

(J) A person whose religion prohibits the person from obtaining a license under this section, in place of a license, shall register with the director as a producer; processor; milk dealer; raw milk retailer; weigher, sampler, or tester; or milk hauler; or raw milk feed retailer.

The person claiming the exemption from licensure shall register on a form prescribed by the director and shall meet any other registration requirements contained in rules adopted under section 917.02 of the Revised Code. Upon receiving the person's registration form and determining that the person has satisfied all requirements for registration, the director shall notify the person that the person is registered to lawfully operate as a producer; processor; milk dealer; raw milk retailer; weigher, sampler, or tester; or milk hauler; or raw milk feed retailer.

A registrant is subject to all provisions governing licensees, such as provisions concerning testing, sampling, and inspection of dairy products. A registrant is subject to provisions governing issuance of a temporary weigher, sampler, or tester license under section 917.091 of the Revised Code. A registration shall be renewed, suspended, and revoked under the same terms as a license.

(K) Notwithstanding the requirements for a license or registration under this section, the director shall issue a license or registration to operate as a producer; processor; milk dealer; raw milk retailer; weigher, sampler, or tester; or milk hauler,; or raw milk feed retailer as applicable, in accordance with Chapter 4796. of the Revised Code to an individual if either of the following applies:

(1) The individual holds a license or registration in another state.

(2) The individual has satisfactory work experience, a government certification, or a private certification as described in that chapter as a producer; processor; milk dealer; raw milk retailer; weigher, sampler, or tester; or milk hauler,; or raw milk feed retailer as applicable, in a state that does not issue the applicable license or registration.

Sec. 917.99. (A) Whoever violates division (C) of section 917.09 of the Revised Code is guilty of a misdemeanor of the second degree on a first offense and a misdemeanor of the first degree on each subsequent offense.

(B) Whoever violates section 917.13 or 917.14 of the Revised Code is guilty of a misdemeanor of the first degree on a first offense, a felony of the fifth degree on a second offense, and a felony of the fourth degree on each subsequent offense.

(C) Whoever violates division (A), (B), (C), (D), or (G) of section 917.05 of the Revised Code is guilty of a misdemeanor of the fourth degree.

(D) Whoever violates division (E) or (F) of section 917.05 of the Revised Code is guilty of a misdemeanor of the second degree on a first offense and a misdemeanor of the first degree on each subsequent offense.

(E) Each day of violation of a provision described in divisions (A) to (D) of this section constitutes a separate offense.

(F) Whoever recklessly violates division (A) of section 917.04 of the Revised Code or division (A) of section 917.041 of the Revised code is guilty of a misdemeanor of the first degree on a first offense, a felony of the fifth degree on a second offense, and a felony of the fourth degree on each subsequent offense.

(G) Whoever recklessly violates division (B), (C), (D), (E), or (F) of section 917.04 of the Revised Code, division (B) or (C) of section 917.041 of the Revised Code, or division (A) or (B) of section 917.042 of the Revised Code is guilty of a misdemeanor of the second degree on a first offense and a misdemeanor of the first degree on each subsequent offense.

(H) The court imposing a fine under ~~divisions (A) to (D) of~~ this section shall order that not less than fifty per cent of the fine be disbursed to the treasurer of state for deposit into the dairy industry fund created in section 917.07 of the Revised Code. Subject to that minimum percentage, the court's order shall specify the percentage of the fine that the clerk of the court shall disburse to the treasurer of state. The clerk of the court shall disburse the remainder of the fine to the county treasurer.

Section 2. That existing sections 917.01, 917.02, 917.04, 917.07, 917.09, and 917.99 of the Revised Code are hereby repealed.

Section 3. Sections 1 and 2 of this act take effect on January 1, 2027.

Section 4. This act shall be known as the Farm-to-Consumer Access to Raw Milk Act.