The North Carolina Senate could vote as soon as tomorrow on a bill that would outlaw the retail sale of raw milk.
It’s a debate that’s pitting agriculture and health leaders against passionate raw milk advocates. For a long time in North Carolina, it’s been illegal to sell raw milk for human consumption.
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But a loophole in the law allows it to be sold as what’s called pet milk.
Farming leaders said the risk of bird flu makes this the time to close that loophole.
Farmers in North Carolina can legally sell raw milk as so-called pet milk - as long as it’s labeled not for human consumption. But many people drink it anyway, with some believing it’s more nutritious than pasteurized milk.
However, raw milk can also carry many types of diseases like E. coli, salmonella, tuberculosis and avian flu.
Senator Brent Jackson said the risk is even higher now that H5N1 -- or bird flu -- has caused a human death.
"Using the data that is out there, raw milk is not safe, generally," Jackson said. "Now that we know that avian flu can be transmitted to animals, and particularly in this case, cattle, dairy cattle, could be but also that it can be now transmitted to humans."
Raw milk advocates said it’s a personal choice that should be left up to consumers.
Emily Popa said selling raw milk for pets is a huge part of her business.
"My farm, my family, our personal income, would be reduced by at least 85 percent and they just think that that's OK because one person on the other side of the country died," Popa said.
The Senate farm bill would still allow herd shares, which is something like a subscription for raw milk, but it would ban its retail sale. It would also study the issue for future recommendations.
Dairy farmer and veterinarian Hubert Karreman told lawmakers he believes raw milk is more nutritious - an opinion that food safety experts disagree with - and he thinks the risk of catching avian flu or other illnesses from it is low.
“If you’re a believer and know about the land of milk and honey for people and other creatures, a place whose milk is pure and unprocessed, you’ll need to vote your conscience on this issue,” Karreman said.
Ellen Shumaker, a food safety scientist at NC State, said raw milk can contain bacteria like E. coli, Salmonella, Listeria, and Campylobacter, and it can be especially dangerous for kids under 5 years old.
"When I think about food borne illness outbreaks, the foods that cause it most frequently, raw milk and raw milk products are what comes at the top of the list," Shumaker said.