THE SENATE

S.B. NO.

451

THIRTIETH LEGISLATURE, 2019

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to dairy producers.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


SECTION 1. The legislature finds that consumers' food preferences have shifted toward locally-produced food in recent years. Additionally, many small farms have the capability and desire to offer unpasteurized dairy products to consumers that seek locally-produced dairy products. However, certain regulations limit or prohibit access to unpasteurized dairy products.

The legislature further finds that at least thirty-five states permit some form of sale or distribution of unpasteurized cow, sheep, or goat milk for human consumption, twelve of which permit the sale of unpasteurized milk in retail stores.

The legislature additionally finds that one way to meet the demand for unpasteurized dairy products is through herdshare programs through which customers who have purchased an ownership interest in dairy animals or a herd of dairy animals can obtain those products. The legislature also finds that herdshare programs do not distribute unpasteurized milk to the general public and that people who want to obtain unpasteurized milk through a private contractual arrangement such as a herdshare agreement should be able to do so.

The purpose of this Act is to increase access to dairy products by permitting the establishment of herdshare programs.

SECTION 2. Chapter 157, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"157-   Herdshare agreements. (a) Notwithstanding any law to the contrary, the acquisition of unpasteurized milk or unpasteurized milk products by a consumer pursuant to a herdshare agreement shall not be prohibited.

(b) Under a herdshare agreement, a consumer shall:

(1) Acquire either an ownership interest or ownership rights in a dairy animal;

(2) Agree to pay or reimburse the producer or producer's designee for the care and boarding of a dairy animal proportional to the consumer's ownership interest or right in that animal;

(3) Be entitled to receive a proportional share of the unpasteurized milk production of a dairy animal as provided in the herdshare agreement; and

(4) Sign a waiver of understanding that unpasteurized milk and unpasteurized milk products are not pasteurized.

(c) No consumer shall sell or resell unpasteurized milk or unpasteurized milk products obtained through a herdshare agreement.

(d) No producer of unpasteurized milk shall publish any statement that implies approval or endorsement by the department of health.

(e) As used in this section:

"Dairy animal" includes but is not limited to cows, goats, and sheep.

"Unpasteurized milk" means milk from a dairy animal that has:

(1) Not been heated; or

(2) Been heated to a temperature or for a time that is less than what is required for pasteurization under the definition of "pasteurized milk" in section 157-1.

"Unpasteurized milk products" means cream, butter, yogurt, or any other product made from unpasteurized milk."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

Dairy Products; Unpasteurized Milk; Herdshare Agreements

 

Description:

Allows consumers to obtain unpasteurized milk by entering into herdshare agreements with producers.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.