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House passes limited raw‑milk retail bill amid Department of Health concerns
Summary
Lawmakers approved a compromise amendment to allow producers to sell unpasteurized milk at producer-owned retail outlets with batch testing, labeling and temperature controls. The House passed the bill 65–9; the Department of Health had voiced safety concerns on the floor.
The Utah House passed first substitute House Bill 311 on Feb. 6 to allow limited retail sales of unpasteurized (raw) milk under strict conditions designed to preserve traceability and reduce public‑health risk.
Representative Carrie Gibson, the bill sponsor, described the measure as a negotiated compromise that permits a producer to sell raw whole milk at a producer‑owned retail outlet (the transcript uses the phrase “cell phone retail store” to indicate a single-owner retail outlet) provided each batch is tested for standard plate count and coliform count and monthly pathogen testing is performed. Gibson said the bill requires clear labeling that the product is unpasteurized and “may be unsafe,” that the product remain chilled (no higher than 41°F), and that pasteurized milk cannot be sold at the same outlet to avoid consumer confusion.
On the floor, Representative Steve Clark described one local store’s practice of giving raw milk away, and Representative Reesen repeated that the Utah Department of Health strongly opposes the bill for safety reasons. Representative Gibson acknowledged those concerns but said the statutory controls and testing requirements would reduce risk and preserve traceability in the event of an outbreak.
Gibson framed her vote recommendation in free‑enterprise terms: “I am a free enterprise type of guy,” she said, arguing that demand exists and the Legislature’s role is to regulate to protect public safety while allowing consumer choice. The House adopted the substitute bill after floor amendment and passed it 65 yes, 9 no, 1 absent. The bill will be referred to the Senate.
The floor debate recorded explicit safety concerns from the health agency and a sponsor’s description of testing and retail restrictions intended to address them; the transcript does not record detailed risk modeling or a public‑health analysis beyond those assurances.
