Raw Milk Law Takes Effect Today

  West Virginians are now allowed to drink raw milk through animal-sharing agreements.

The law that was passed by the Republican-led Legislature and signed by Democratic Gov. Earl Ray Tomblin went into effect Monday.

The law lets people strike agreements to share milk-producing animals and drink raw milk. It maintains a ban on selling or distributing raw milk.

People have to sign a document acknowledging the health risks before entering agreements. Animals need to have passed health tests within the last year.

Tomblin vetoed a similar bill last year. In his veto message, he wrote that the bill would pose a serious risk to public health, since raw milk can contain particularly dangerous bacteria for children, pregnant women and people with compromised immune systems.

State Won't Penalize Lawmaker Who Gave Out Raw Milk

West Virginia health officials won’t penalize a state lawmaker who illegally handed out raw milk at the Capitol.

A letter from the Bureau for Public Health last week says Del. Scott Cadle clearly violated state law by offering raw milk to the public on March 3. But the bureau recognized it was a first-time offense.

The letter says one other House delegate and several others became sick around the time they drank the raw milk. There also had been a stomach illness circulating at the Capitol. An investigation into whether people got sick because of raw milk continues.

Gov. Earl Ray Tomblin recently signed a bill letting people share milk-producing animals and drink raw milk. Selling and distributing raw milk will remain prohibited, still punishable by $50 to $500 in fines.

Illness After Lawmakers Tip Celebratory Raw Milk Spurs Probe

  West Virginia health officials are investigating whether lawmakers and others became ill from drinking raw milk at the Capitol shortly after passing a law loosening restrictions on drinking it.

So far, state and county health officials say they haven’t received reports of raw-milk-related illnesses. Raw milk may contain dangerous bacteria, including Listeria, Salmonella and E. Coli.

State Health Officer Dr. Rahul Gupta said officials also are probing whether someone illegally distributed it, which could yield fines of $50 to $500.

Delegate Scott Cadle said he brought in raw milk last week and drank it with friends. He said the milk was fine, and an unrelated stomach virus circulating the Capitol kept him from working Monday.

Gov. Earl Ray Tomblin signed a bill last Thursday letting people share milk-producing animals and drink raw milk. It maintains selling and distribution bans.

W.Va. Governor Signs Raw Milk Bill

After vetoing a similar bill last year, Gov. Earl Ray Tomblin has signed a proposal letting West Virginians drink raw milk through animal-sharing agreements.

Tomblin signed the bill Thursday after lawmakers passed it.

The bill would let people strike agreements to share milk-producing animals and drink raw milk. It would maintain a ban on selling or distributing raw milk.

People would have to sign a document acknowledging the health risks. Animals would need to have passed health tests within the last year.

In his veto message last year, Tomblin wrote that the bill would pose a serious risk to public health, since raw milk can contain particularly dangerous bacteria for children, pregnant women and people with compromised immune systems.

It becomes effective in late May.

The Legislature Today: Tomblin Says 'Probably Could' Sign $1 Tobacco Tax

Senators want to raise the state’s tobacco tax by $1, but Governor Tomblin says that could cause a loss of business in the border counties. Still, Tomblin says if the measure is approved by the House of Delegates he “probably could” sign it.

More than a week after lawmakers voted to override Governor Tomblin’s veto of the Right-to-Work measure, members of the business community are still debating its worth. We meet two West Virginia business owners, one of which pulled his membership from the West Virginia Chamber of Commerce over the bill.

In the House, Delegates vote on a bill that would allow certain people to consume raw milk. A similar bill was vetoed by Governor Tomblin last year.

House Passes Raw Milk Bill, Goes to the Governor

After a veto from Governor Tomblin last year, members of the Senate and the House have both taken up a bill that would allow West Virginians to consume raw milk. Members of the Senate passed the bill earlier this month on a vote of 22 to 12, and yesterday, Delegates cast their final votes.

Senate Bill 387 would allow West Virginians to enter herd-sharing agreements, or shared ownership of milk producing animals. After filing the agreements with the state Department of Agriculture, it would then be legal for all of the owners to drink the raw milk produced by the animal. The herd-sharers would also be required to meet state and federal standards set by the state veterinarian and report any instances of illnesses.

The bill would not allow the owners to sell or distribute the raw milk to anyone else.

Delegate Kelli Sobonya, a Republican from Cabell County stood in favor of the bill.

“There’s many products that remain legal in West Virginia that have presented true dangers,” Sobonya noted, “Tobacco’s still legal, yet we keep talking about how dangerous it is; artificial sweeteners, certain legal drugs are dangerous. Ladies and gentlemen, this bill has been discussed for several years. Let’s get this out of the House, back to the Senate for a House message, let it go to the governor. If you’re against it, vote against it, but if you’re for liberty and food freedom, vote for it.”

Delegate Don Perdue is a Democrat from Wayne County and the former chair of the House Health Committee. He stood against the bill.

“We bring this down to suggest it’s an issue of freedom. It’s freedom we’re talking about here; freedom to do whatever you want. Well folks, that means we need to get rid of all the public health laws; smoking in buildings, we need to get rid of all of those; that’s what’s being said. And the troubling thing about that is; your right to be sick ends where my right to be healthy begins,” Perdue said.

House Health Committee Chair Joe Ellington spoke in support of the bill, citing other foods like raw meats, certain vegetables, and even water that could contain harmful bacteria.

“So you have to put in perspective as far as numbers. Yes there are potential serious infections, yes people can potentially die, but as I mentioned last year, most of the things we’re exposed to everyday can do the same thing,” Ellington explained.

Senate Bill 387 passed 88 to 11 and now goes to the governor for consideration.

In the governor’s veto message last year, Tomblin said the bill could pose serious risk to public health particularly in children, pregnant women, and people with compromised immune systems.

Appalachia Health News is a project of West Virginia Public Broadcasting, with support from the Benedum Foundation.

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