Raw milk advertising could be legal in Oregon with bill

Oregon raw milk producers could legally advertise their product under a bill considered by a legislative committee Tuesday.

The state is among 30 nationwide that allow the sale of unpasteurized milk.

Oregon sets tight restrictions: Raw milk must be purchased at the farm that produced it, and the farm can have only two producing cows and three cows total.

The law, in place since the 1950s, also says raw-milk sellers can't advertise. The statute does not define advertising.

But a McMinnville farmer challenged that in 2013 after an Oregon Department of Agriculture inspector forced her to remove milk prices from her farm's website or face fines or jail time.

"I felt at the time that listing the price on the website was not advertising, but ODA felt it was advertising," Christine Anderson, owner of Cast Iron Farm in McMinnville, told the committee.

The nonprofit Institute for Justice took on the case. In a lawsuit filed in November 2013, it argued that the state was violating the First Amendment right of Oregon farmers to speak about a product that is perfectly legal to sell.

In a settlement agreement a year ago, the state agreed not to enforce the advertising ban and to bring forward a bill to remove it.

Rep. Brad Witt, chairman of the House committee on Agriculture and Natural Resources, said he is committed to moving the bill as quickly as possible.

In the United States, milk has been pasteurized since the 1890s.

Unpasteurized milk is controversial, although a dozen states allow it to be sold at retail stores.

Supporters tout its supposed health benefits, saying it can improve allergies, eczema and other health issues.

Opponents point out that it has been linked to foodborne illness, such as listeria, salmonella, E. coli 0157 H7, bovine, tuberculosis, diphtheria, typhoid and streptococcal infections.

tloew@statesmanjournal.com, (503) 399-6779 or follow at Twitter.com/SJWatchdog

About the bill

House Bill 2446 would allow unregulated producers engaged in small-scale, on-premises sales to advertise raw milk directly to consumers.