Ohio Bill 406 Seeks to Legalize Direct Farm-to-Consumer Raw Milk Sales, Mandating Strict Regulations and Waivers

Columbus, Ohio – Ohio House Bill 406, introduced on August 5, 2025, aims to legalize the direct sale of raw milk from farms to consumers, a move that proponents argue will empower local farmers and provide consumer choice while critics raise significant public health concerns. The proposed legislation, known as the "Farm-to-Consumer Access to Raw Milk Act," seeks to replace existing "herd share" agreements and pet-use designations, which currently serve as the primary avenues for raw milk consumption in the state.

The bill, sponsored by Representatives Kellie Deeter (R-Norwalk) and Levi Dean (R-Xenia), outlines a comprehensive regulatory framework. It mandates that raw milk retailers obtain specific licenses from the Ohio Department of Agriculture, conduct monthly testing for pathogens like Salmonella, Listeria, and E. coli, and require consumers to sign liability waivers acknowledging health risks. Sales would be restricted to the farm where the milk is produced or at registered farm markets, with new regulations slated to take effect on January 1, 2027.

Representative Deeter emphasized the bill's intent to regulate an already existing, albeit unregulated, market. "We know that there’s a large market for this milk and it is being consumed by humans, not necessarily pets," Deeter stated, adding, "The goal with this bill is to legalize and regulate a narrow path for what is currently being done, but in a way that is healthier for the public." She described her stance as a "liberty advocate" rather than solely a raw milk advocate.

However, the legislation faces strong opposition from health experts and some lawmakers due to the inherent risks of unpasteurized milk. Representative Anita Somani (D-Dublin), an OB-GYN, expressed skepticism about the efficacy of monthly testing, noting, "If it’s on the shelf for more than a few days, it may end up growing bacteria." She warned that raw milk consumption can lead to severe foodborne illnesses, particularly for immunocompromised individuals, pregnant women, and young children, citing FDA data linking raw milk to over 2,500 hospitalizations and three deaths between 1998 and 2018.

Despite health warnings, the popularity of raw milk has seen a recent surge, with weekly sales increasing by 21% in 2024, driven by "eat local" and unprocessed food movements. The current Ohio law prohibits commercial raw milk sales unless the producer was selling it before October 31, 1965, or through herd share programs where consumers own a portion of a dairy animal. HB 406, which awaits committee assignment and its first hearing, represents a significant legislative effort to formalize and regulate this growing segment of the agricultural market within Ohio.