An act TO AMEND THE LAWS CONCERNING SALES OF RAW 10 MILK, the official text

Stricken language would be deleted from and underlined language would be added to present law.

1 State of Arkansas                As Engrossed: S3/31/25
2 95th General Assembly
                                         A Bill

3 Regular Session, 2025                                            SENATE BILL 464

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5 By: Senators A. Clark, B. Davis

6 By: Representatives C. Cooper, Vaught

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8                                  For An Act To Be Entitled

9   AN ACT TO AMEND THE LAWS CONCERNING SALES OF RAW

10  MILK; TO ALLOW SALES OF RAW MILK AND RAW MILK

11  PRODUCTS AT LOCATIONS OTHER THAN THE FARM WHERE THE

12  RAW MILK OR RAW MILK PRODUCT IS PRODUCED; TO DECLARE

13  AN EMERGENCY; AND FOR OTHER PURPOSES.

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15

16                                       Subtitle

17                       TO AMEND THE LAWS CONCERNING SALES OF

18                       RAW MILK; TO ALLOW SALES OF RAW MILK AND

19                       RAW MILK PRODUCTS AT LOCATIONS OTHER

20                       THAN THE FARM WHERE THE RAW MILK OR RAW

21                       MILK PRODUCT WAS PRODUCED; AND TO

22                       DECLARE AN EMERGENCY.

23

24 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

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26  SECTION 1. Arkansas Code � 20-59-248, as amended by Acts 2025, No.

27 125, is amended to read as follows:

28  20-59-248. Incidental sales of goat milk, sheep milk, and whole milk

29 that has not been pasteurized Sale of raw milk and raw milk products not

30 prohibited -- Definitions.

31  (a) For purposes of As used in this section:

32  (1) "Incidental sales of goat milk, sheep milk, and whole milk

33 that has not been pasteurized" are those sales where the average monthly

34 number of gallons sold does not exceed five hundred gallons (500 gals.);

35  (2) "Locally produced whole milk products" means whole milk that

36 has been produced on an Arkansas farm;

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    As Engrossed: S3/31/25                                                  SB464

1            (2) "Raw milk" means goat milk, sheep milk, and whole milk that

2 has not been pasteurized;

3            (3) "Raw milk product" means a consumer product that is the

4 result of processes that include raw milk or raw cream as an ingredient

5 including without limitation butter, buttermilk, cheese, cottage cheese,

6 kefir, yogurt, colostrum, and other derivative products that use raw milk as

7 an ingredient; and

8            (3)(A)(4)(A) "Whole milk" means the lacteal secretion obtained

9 by the complete milking of one (1) or more healthy cows, properly fed and

10 kept, that when offered for sale contains at least three and one-fourth

11 percent (3.25%) of butterfat and eight and one-fourth percent (8.25%) solids

12 not fat.

13                   (B) "Whole milk" does not include lacteal secretion

14 obtained within fifteen (15) days before or five (5) days after calving or a

15 longer period if necessary to render the milk practically colostrum free.

16     (b) This subchapter does not:

17           (1) Prohibit incidental sales of raw goat milk, raw sheep milk,

18 raw milk, raw milk products, and whole milk that has not been pasteurized

19 directly to consumers:

20                   (A) At the farm where the milk is produced;

21                   (B) At a farmer's market; or

22                   (C) At a natural food store; or

23                   (D) Via delivery from the farm where the milk is produced;

24 or

25           (2) Preclude the advertising of incidental sales of goat milk,

26 sheep milk, raw milk, raw milk products, and whole milk that has not been

27 pasteurized.

28     (c) With respect to raw milk and whole milk that has not been

29 pasteurized, the seller shall:

30           (1) Post at the point of sale a sign that is no smaller than two

31 feet by four feet (2 x 4) eighteen inches by twenty-four inches (18" x 24")

32 that includes the following information in large, clear text:

33                   (A) The name and address of the farm with seller's contact

34 information; and

35                   (B) The following statement:

36                   "This product, sold for personal use and not for resale, is

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    As Engrossed: S3/31/25                                                  SB464

1 fresh whole milk that has NOT been pasteurized. Neither this farm nor the

2 milk sold by this farm has been inspected by the State of Arkansas. The

3 consumer assumes all liability for health issues that may result from the

4 consumption of this product."; and

5              (2) Affix a label to the bottle or package that includes:

6              (A) The name and address of the farm; and

7              (B) The following statement:

8              "This product, sold for personal use and not for resale, is

9 fresh whole milk that has NOT been pasteurized. Neither this farm nor the

10 milk sold by this farm has been inspected by the State of Arkansas. The

11 consumer assumes all liability for health issues that may result from the

12 consumption of this product."

13  (d) A farmer who sells fresh whole unpasteurized milk shall permit

14 inspection of his or her cows and barns by his or her customers upon request.

15  (e) Raw milk products produced in this state may be sold at a location

16 that is not the farm where the raw milk product is produced if:

17             (1) The raw milk product is clearly labeled with the following

18 statement:

19             "WARNING: This product, sold for personal use and not for resale,

20 is a product that has NOT been pasteurized and may contain harmful bacteria

21 that can cause serious illness. The consumer assumes all liability for health

22 issues that may result from the consumption of this product.";

23             (2) The raw milk product is always refrigerated or on ice and

24 kept at a temperature at or below forty degrees Fahrenheit (40� F) before the

25 sale to the consumer; and

26             (3) The consumer signs an acknowledgment of risk that the

27 consumer assumes all liability for health issues that may result from the

28 consumption of the raw milk product.

29

30  SECTION 2. EMERGENCY CLAUSE. It is found and determined by the

31 General Assembly of the State of Arkansas that under present state law, raw

32 milk products are not allowed to be sold in farmers' markets; that legalizing

33 the sale of raw milk products, especially unpasteurized cheese, increases the

34 potential for farmers to produce more products for sale; that farmers need

35 immediate certainty on the law to be able to produce raw milk products,

36 especially as the biggest goat cheese production month is April; and that

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    As Engrossed: S3/31/25                                             SB464

1 this act is immediately necessary to provide certainty on the law concerning

2 the sale of raw milk products. Therefore, an emergency is declared to exist,

3 and this act being immediately necessary for the preservation of the public

4 peace, health, and safety shall become effective on:

5           (1) The date of its approval by the Governor;

6           (2) If the bill is neither approved nor vetoed by the Governor,

7 the expiration of the period of time during which the Governor may veto the

8 bill; or

9           (3) If the bill is vetoed by the Governor and the veto is

10 overridden, the date the last house overrides the veto.

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12                          /s/A. Clark

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