- The milk producer is registered with the state Board of Animal Health (BOAH).
- For each sale, either the milk producer or the consumer provides a sanitary container for the milk that has been prepared in a sanitary manner and the container is filled in a sanitary manner.
- At the place where the milk is sold, the milk producer displays a sign that is easy for a consumer to read and that states, "Raw Milk products are sold here. Raw Milk products are not pasteurized."
- The raw milk or raw milk product is prominently labeled, in at least a one-half (1/2) inch font, "This product contains Raw Milk. Consume at your own risk.".
There are a number of legal issue I see arising from this amendment. First, the terms "sanitary container" or "sanitary manner" are undefined. What exactly "sanitary" means to one farmer may not be the same to another. (But Grade A regulated dairies know exactly what sanitary means because unsanitary milk is rejected when tested).
Second, the disclaimer that "Raw Milk products are not pasteurized" seems inadequate to me to explain the risks associated with drinking raw milk to a consumer. Many consumers who purchase raw milk are well informed and know the risks, but many may simply buy raw milk having heard it's healthier (whether that's true or not) and assume that "healthier" also means "safe." Whether you are fan of government regulation or not, few can argue that as a result of the USDA, FDA, BOAH, and industry self-regulation, the United States has one of the safest food supplies in the world.
Contact your Indiana state representative and let them know what you think of this amendment.
Update, February 9, 2012: SB398 did not pass out of the Indiana Senate and the raw milk issue, at least in legislative terms, appears to be dead for this year.