INDIANAPOLIS, Ind. — The raw milk debate recently rose to the forefront of the Indiana legislature after an amendment to legalize the sale of raw milk passed and later died on the vine late last week at the Statehouse.

Due to food safety concerns, the original amendment to Senate Bill 398 was killed and a new amendment was introduced on Monday, Feb. 13, to further turn the issue over to the Indiana Board of Animal Health (BOAH). The new amendment stipulates a summer study be conducted by BOAH on the potential health implications of consuming unpasteurized raw milk.

“We’re very happy that the issue is now in the hands of the Board of Animal Health; along with experts from Purdue and state health officials, we believe we will be able to take a better look at this issue and see what solutions we can come up with to move forward,” said Doug Leman, executive director of the Indiana Professional Dairy Producers.

Leman, along with Bob Kraft, director of state government relations for Indiana Farm Bureau, and Dr. Mike Schutz, a dairy specialist with Purdue University Cooperative Extension and president of the National Dairy Practices Council, sent pointed letters to state senators last week pleading for the demise of original amendment and requests for a summer study on the often controversial topic of debate.

“Milk is one of the safest whole foods on the market thanks to the process milk goes through to ensure no harmful bacteria or pathogens make it to consumers,” said Leman. 

“While raw milk may be an option in several other states, there needs to be further study here in Indiana to determine the safest procedures for the sale of raw milk to consumers.”

According to Leman, the original bill ensures that the sale of raw milk only be allowed for pet consumption and not intended for human use. The original amendment by Sen. John Waterman (R-District 39), who did not return Farm World’s calls by deadline, would have legalized the sale of raw milk directly to the public. Leman, Kraft and Schutz contended that it may not be completely thought out to make it legal to sell raw milk without any oversight for standards for the proper process to sell it.

“The safety and reputation of our food supply is a matter of critical importance to all Indiana agriculture,” asserted Kraft. 

“Farm Bureau recognizes that there is a demand among some consumers for raw milk and would not object to a comprehensive survey, with information provided by experts in both human and bovine health. However, the (original) amendment to SB 398 was not the product of such an analysis.”

Additionally, Farm Bureau asserted that “we do not feel the language of the amended bill would adequately protect dairy farmers from liability for death or illness caused by consumption of raw milk, notwithstanding the labeling and notice requirements included in the amendment.”

As originally written the amendment would have permitted producers with fewer than 20 cows to register to sell raw milk. Additionally, requirements insisted that the milk be filled in a “sanitary container” in a “sanitary manner.” Also, the producer would’ve been required to post a sign that states: “Raw milk products are sold here. Raw milk products are not pasteurized,” as well as similar labeling on the milk or dairy product container.

“I can tell you from my legal perspective if anyone thinks that selling raw milk under these guidelines is going to protect the farmer from liability if someone gets sick, they are sorely mistaken,” said Todd J. Janzen, an attorney with Plews Shadley Racher & Braun, LLP.

One of the leading concerns among many raw milk critics is the questionable safety of consuming raw milk.

“I am concerned with legalizing the sale of raw milk, especially when strict hygiene and testing standards with oversight of those selling unpasteurized milk directly to the consumers is not in place,” offered Schutz in a letter to the Indiana Senate.

According to Schutz, farms that may qualify to sell raw milk under such an amendment, “may not even meet the minimal hygiene or bacteria count standards required for manufacturing grade farms.”

Many would agree that proponents of raw milk are passionate and that the issue has become one of the industry’s most heated food debates. Some raw milk supporters have even held protests on Capitol Hill to fight the U.S. Food and Drug Administration for farms vying to sell raw milk to consumers directly. 

“The intensity with which raw milk supporters believe in this product is almost unheard of, certainly for a food,” said Sarah Klein, an attorney for the Center for Science in the Public Interest. 

According to the Center for Disease Control and Prevention (CDC), between 1998 and 2009, 93 outbreaks due to consumption of raw milk or raw milk products were reported. These resulted in 1,837 illnesses, 195 hospitalizations and 2 deaths. 

“Milk is perceived to be safe, because it is,” said Leman. “But it’s only safe because of the process of pasteurization and the inspection of licensed Grade A farms. Milk is one of the most intensely inspected food products on our shelf, when you begin to limit that component it poses a great risk to consumers and the dairy industry.”