milk

Although it was first introduced in August of 2025, House Bill 406 just had its first hearing in the House Agriculture Committee on March 25. During the hearing, an amended substitute version of the bill, sponsored by Representatives Deeter (R-Norwalk) and Dean (R-Xenia) was accepted by the Committee.  This means that at future hearings, the House Agriculture Committee will consider the substitute version of the bill, which is available to read here. 

The sale and consumption of raw milk have been widely debated across the country over the past few years, with proponents of raw milk claiming its health benefits, and opponents citing safety concerns (historically, the U.S. Food and Drug Administration has cautioned consumers to avoid raw milk because it could cause illness). So, if passed, how would Substitute H.B. 406 change the landscape for raw milk in the state of Ohio?

Current law

First things first—what does Ohio law currently say about raw milk? For all intents and purposes, Ohio Revised Code Section 917.04 (available here), outlaws the sale of raw milk to end, or “ultimate,” consumers in the state.

It is important to note that while current Ohio law does prohibit the sales of raw milk to the “ultimate consumer,” it does not prohibit animal owners from consuming raw milk from their own animals.  As a result, the use of “herd share agreements” has proliferated throughout the state. A herd share agreement sells ownership in an animal, rather than selling the raw milk from the animal.  Under the agreement, a person who pays the producer for a share of ownership in the animal may take their share of milk from the animal. The Ohio Department of Agriculture (ODA) challenged the use of herd share agreements as illegal in the 2006 case of Schitmeyer v. ODA, but the court did not uphold the ODA’s attempt to revoke the license of the dairy that was using herd share agreements.  As a result, it appears that the herd share agreement approach for raw milk sales is currently legally acceptable.

Proposed language

Definitions

If passed, Sub. H.B. 406 would legalize the sale of raw milk and raw milk products for retailers who register as raw milk retailers with ODA.  The bill defines “raw milk” as “unpasteurized milk from a cow, goat, or sheep,” and “raw milk products” as “all products derived from raw milk, including cream, butter, yogurt, cheese” and other products specifically allowed by ODA.  

The bill would also formally define “herd-share agreement” as “an agreement in which a person acquires an undivided interest in a milk-producing mammal with the owner of such a mammal that includes an arrangement under which the person receives raw milk for personal use not to be sold or distributed for profit,” thus codifying the decision reached in Schitmeyer v. ODA.

Registration

To sell raw milk or raw milk products, Sub. H.B. 406 would require retailers to register annually with ODA. The bill further charges ODA with setting the fees and process for this registration, as well as with “establishing requirements governing the sanitary production, storage, transportation, manufacturing, handling, sampling, testing, examination, and sale of raw milk and raw milk products.”

Labeling, liability, and location requirements

 Sub. H.B. 406 specifically spells out some of the basic requirements for the labeling and sale of raw milk and gives ODA the authority to establish other rules and regulations.

For the sale of raw milk or raw milk products to ultimate consumers, the bill requires that the label must state: “RAW MILK: This product has not been pasteurized and may contain harmful bacteria.”

Sub. H.B. 406 would require registered raw milk retailers to provide a liability waiver that must be signed by each consumer “acknowled[ing] the risks of consuming raw milk or raw milk products.” Further, the retailer would be required to keep the signed liability waiver in their records for a minimum of two years.

Finally, the bill would only allow raw milk and raw milk products to be sold on the farm where the raw milk or raw milk products are produced, or at a registered farm market.

Testing

Retailers would have to pass several safety tests in order to sell raw milk. Sub. H.B. 406 would require raw milk retailers to have a licensed, accredited veterinarian test all milking animals for brucellosis and tuberculosis at a frequency determined by ODA.  Raw milk retailers would also be required to report every brucellosis and tuberculosis test result to ODA. 

In addition to testing animal health, the bill would require raw milk retailers to test their water source and their milk monthly with an accredited laboratory. The milk would have to be tested for salmonella, listeria, e. coli 0157:H7, campylobacter, and staphylococci.  Farms would also be subject to routine ODA inspections.

Ohio Quality Milk Production Service Program

Finally, Sub. H.B. 406 would establish the Ohio Quality Milk Production Service Program under ODA.  The program’s purpose would be to improve the quality, health, and safety of milk and milking animals through research, testing, sampling, and education. The program would be modeled after the Cornell University College of Veterinary Medicine’s Quality Milk Production Services program, which tests milking animals, milk, and equipment and water sources used on dairies. More information about their services is available here.  

Stay tuned

Sub. H.B. 406 would change Ohio law significantly. Current law essentially outlaws the sale of raw milk to the end consumer, and Sub. H.B. 406 would legalize and set up a regulatory framework for the sale of raw milk and raw milk products. Stay tuned to the Ohio Ag Law blog as we follow this bill on its way through the General Assembly.