At N.C. Commissioner of Agriculture Steve Troxler's request, North Carolina's annual Farm Act is trying to eliminate loopholes that allow people to legally buy unpasteurized milk.
Troxler is a longtime critic of raw milk, citing the risks posed by E. coli, listeria and salmonella.
It is the discovery of highly pathogenic avian influenza in raw milk that has brought increased urgency to the issue, Troxler told WUNC. People who are potentially exposed to the virus by drinking raw milk could, Troxler said, be allowing it a chance to mutate to transmit more quickly among humans.
"Now is the time to just say, 'Folks we need you to drink pasteurized milk.' There is no scientific evidence anywhere that shows that there is any difference in the nutritional value or health benefits," Troxler said.
Senate Bill 639, the state's annual Farm Act, would ban a practice known as "herdsharing."
That is a legal loophole that allows a customer to buy partial ownership of a cow, goat or sheep and then, by doing so, be able to buy the milk that animal produces. It's a way of getting around the state's rules that largely requires that milk be pasteurized before it can be sold to humans.
There are more than 25 farms in North Carolina that allow herdshare agreements, according to A Campaign for Real Milk. That's an advocacy group that touts raw milk as "an alternative to industrial milk."
Last April, state agriculture officials found bird flu in a North Carolina dairy herd after four cows that had been brought into the state from Texas transmitted the disease to the herd, Troxler said.
Consumers can buy raw milk at nearly 100 additional places in the state, according to the raw milk advocacy group. Many descriptions of North Carolina raw milk sellers on the site nod at the state law that the product can't be sold for human consumption but can be sold for pets to drink.
"That's a wink-wink. We know that people are buying it and consuming it," Troxler said.
Under state law, sales of milk that officials believe is unpasteurized could be halted and the milk destroyed by order of a local judge.
Risks from raw milk
As much as 4.4% of the nation's population drinks raw milk, according to 2022 research from U.S. Food and Drug Administration researchers.
When milk is pasteurized, it is heated up to kill potential pathogens. Milk is sent through tubes, with very hot water running through tubes on the other side. After reaching 161 degrees Fahrenheit for 15 seconds, the milk is considered pasteurized.
"Not pasteurizing milk is a step back that we don't need to do," Troxler said.
Some people who drink raw milk believe pasteurization burns off nutritional benefits.
That is not the case, according to the FDA, which also says that raw milk won't cure lactose intolerance, isn't better at preventing osteoporosis and won't boost gastrointestinal health.
Pasteurizing milk does kill off bacteria like e. coli, salmonella and listeria that can quickly grow in it if left alone.
"Milk basically has all of the things that any self-respecting bacteria would want to grow in. It’s got sugar, it’s got protein, it’s got fat, it’s got minerals, growth factors. It’s got everything that will make it possible for bacteria to grow very quickly," Gabriel Keith Harris, a N.C. State University professor and food science expert, wrote earlier this year.
Harris also warned that is is not possible to immunize yourself against a disease by drinking raw milk that contains it.
The Senate Agriculture Committee has approved the Farm Act. It is set to appear in the Senate Judiciary Committee on Tuesday and must be approved by two more before appearing on the Senate floor. If approved there, it would be sent to the House for consideration.
This story uses a photo from N.C. Health News, which previously covered a similar topic.