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Utah House adopts substitute restricting cow-share programs while removing transportation from raw-milk bill

Utah House of Representatives · February 7, 2006
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Summary

After extended floor debate about public-health risks and consumer choice, the Utah House substituted and amended H.B. 69 to prohibit cow-share arrangements and left transportation of raw milk out of the bill; the substitute passed on a recorded vote.

The Utah House of Representatives on the floor substituted and amended H.B. 69, the Utah Dairy Act amendments, narrowing the bill—s reach on raw milk sales and explicitly prohibiting "cow-share" arrangements.

Representative Bradley Johnson, sponsor of the bill, told colleagues the measure would allow dairy owners to deliver raw milk to a store they own and clarify Department of Agriculture and Food authority to charge fees to administer the program. Johnson said the change would permit a dairy owner to transport and sell raw milk at a store the owner operates but emphasized safeguards for safe handling during transport.

Opponents, including Representative Gibson and Representative Gibbs (who offered the motion to substitute), said the original version raised public-health concerns. Representative Gibbs cited handouts from the Department of Agriculture and Food and reports of recent foodborne illness outbreaks in several states and argued the substitute was needed to maintain consumer confidence in milk products. He said the substitute eliminates the transportation provision and makes cow-share arrangements illegal, closing what he called an unregulated loophole.

Supporters of consumer choice, including Representatives Hutchings and Noel, said adults should be allowed to choose raw milk and warned the law might create undue restrictions on traditional arrangements; Representative Hutchings described cow-share-style informal arrangements as a private choice. Representative Ferry and others warned the spread of unpasteurized milk into metropolitan retail venues could multiply exposure and harm the broader dairy market.

The House agreed to delete the first substitute and adopt a second substitute version of H.B. 69. The motion to substitute passed on a division and recorded vote, and later procedural motions to circle the bill were taken as the sponsor asked to circle the measure for further internal handling.

The measure—s final action on the House floor was adoption of the second substitute language that (1) retained definitions negotiated with agricultural stakeholders, (2) removed transportation provisions that would have explicitly expanded retail sale venues, and (3) prohibited cow-share programs. The House vote on the motion to substitute recorded 38 yes and 30 no votes.

The bill as substituted will be prepared for subsequent committee handling or assignment as the sponsor and stakeholders consider next steps.

The House proceeded to other calendar business after the vote; no final Senate concurrence or enactment date was recorded on the floor.