Raw milk legislation gains supporters in Wisconsin, but illegal to sell homemade muffins

An attempt to legalize the sale of unpasteurized milk direct from a farm to consumers has gained some traction in the Wisconsin Legislature, but opponents say they aren’t backing down.

sorenne.doug.muffinAssembly Bill 697 would allow a dairy farmer to sell raw milk, and raw-milk products such as butter and cheese, directly to consumers on the farm where the milk and dairy products were produced. Current law generally prohibits the practice.

AB 697, which now has sponsorship from at least 18 members of the Assembly and three members of the Senate, also exempts dairy farmers from needing a dairy plant or food processing license if the only milk products they process are raw-milk items sold on the farm.

In 2015, state officials suspended for 30 days the Grade-A milk production permit of a Durand dairy farm blamed for a raw-milk illness outbreak that sickened nearly 40 people.

Raw milk advocates say the risks to public health have been exaggerated and the decision to buy an unpasteurized dairy product ought to be left to the consumer.

Wisconsin is one of only two states to ban entrepreneurs from selling cookies, muffins and breads simply because they are made in a home kitchen.

“That means that even if you sell one cookie at a farmers market, to your neighbor, somewhere in your community, you can go to jail for up to six months or even be fined up to $1,000. That’s not only unfair, it’s unconstitutional,” attorney Erica Smith told Wisconsin Watchdog Wednesday on the Vicki McKenna Show , on NewsTalk 1310 WIBA.

Smith is with the Institute for Justice, a nonprofit law firm that “fights against unreasonable government restrictions on individuals’ economic liberty,” according to the Virginia organizations website.

Prove that it’s safe.