Unpasteurized-milk bill fails to get out of House committee

The House Agriculture, Forestry and Economic Development Committee spent nearly two hours Friday debating House Bill 1536, which would allow the sale of unpasteurized milk at Arkansas farms.

The raw-milk bill was one of several items taken up by members on the 61st day of the session, which also included discussion on debit cards for inmates and pre-adjudication probation programs.

In addition, the House of Representatives approved a bill to restrict the type of claims that could be brought against the Department of Human Services’ Youth Services Division through the state Claims Commission.

HB1536, by Rep. Randy Alexander, R-Springdale, allows the sale of up to 500 gallons a month of raw cow milk. It is already legal to sell unpasteurized goat milk.

Eight representatives backed the bill, while nine opposed it. It needed 11 votes to pass. The bill initially passed by a voice vote, but a committee member who had voted for the bill called for a roll-call vote, assuming that the chairman had ruled that the bill failed.

Alexander said he will present the bill to the committee again.

“I think it’s a matter of time until it passes,” he said. “It’s hard to imagine a more natural food than raw milk.”

Raw-milk fans say it tastes better than pasteurized milk and that it’s more healthful; critics say unpasteurized milk is a health hazard.

He said eating any raw food carries some risk, pointing to E. coli breakouts from peanut butter or spinach.

“Far more people have become ill, even to the point of death, from eating vegetables than from any other type of food product,” Alexander said. “The risk of drinking raw milk is minuscule.”

Milk is pasteurized, or heated to a high temperature, to kill bacteria that cause illnesses such as tuberculosis, brucellosis or typhoid fever, according to the U.S. Food and Drug Administration.

In the United States, milk is typically heated to at least 161 degrees Fahrenheit for not less than 15 seconds, according to the International Dairy Foods Association.

The bill states that the Arkansas Department of Health may inspect facilities where the milk is produced and may require sellers to post signs and label bottles that the milk is unpasteurized, as well as recommend guidelines for processing and storing the milk.

Members of the committee repeatedly said they were concerned that people would get ill from unpasteurized milk and that the department won’t be able to test it to ensure it’s safe.

Rep. Dan Douglas, R-Bentonville, questioned how the department would track down each farmer with one or two cows who is selling the milk.

“How are we going to know … who these small farmers are?” he said. “How are we going to know who is going to be selling raw milk out there and how would the Health Department know where to go inspect if there’s no provision for registering these small producers?”

Alexander said he would leave it to the department to decide whether to require farmers to register.

“I personally would be very comfortable with no testing at all. I would buy the milk, I would drink the milk,” Alexander said.

Several people who testified said they would welcome inspection by the Health Department.

Benita Clifton, 60, of Greenbrier, who sells goat milk, disagreed.

“My only concern with this bill is the Health Department, because I will not have anyone trompling diseases into my barn,” Clifton said.

According to the National Conference of State Legislatures, 30 states allow consumers to purchase raw milk, including Missouri,Oklahoma and Texas.

Alexander said people should be able to put anything into their body they want to.

“We’ve evolved over time in our society to believing that its necessary for government to write every rule, to set every guideline for some of the most mundane, common activities,” he said.”I think reasonable regulation is appropriate but I think the common sense of our citizens will address these issues, most of the time. Will there be an idiot that causes a problem for himself and others? Sure, you can’t fix stupid.”

BILL ON PRE-ADJUDICATION

The House of Representatives approved 91-0 a bill that would allow the state’s judicial districts to create pre-adjudication probation programs.

Rep. Darrin Williams, D-Little Rock, said House Bill 1470 would not provide additional funding to the districts, but would allow them to try new approaches within their existing budgets. He said drug courts were one example of a pre-adjudication program that was already in use in the state.

Under the bill, offenders who successfully complete the program could have their cases expunged.

CLAIMS COMMISSION

In other business, the House voted 92-1 in favor of legislation that prevents the Claims Commission from hearing certain claims against the Human Services Department’s Youth Services Division. Under HB1878, acts committed by youthful offenders while they’re in custody or after they’re released would be exempt from Claims Commission review.

Rep. Hank Wilkins, D-Pine Bluff, said the bill extends the same protection to the Youth Services Division as the Department of Community Correction and the Department of Correction for inmates who have been released from their custody.

The Claims Commission on Dec. 19 awarded a claim to the family of a man who was murdered by a 16-yearold who was released early from the division’s custody. The family was awarded $1.5 million by the commission, a figure that was reduced to $500,000 by the Joint Budget Committee’s Claims Subcommittee.

INMATE DEBIT CARDS

The House Committee on City, County and Local Affairs approved a bill that would allow county sheriffs to issue debit cards to inmates upon their release to clear their commissary accounts.

Rep. Harold Copenhaver, D-Jonesboro, said House Bill 1822 would give sheriffs the option of using the debit cards or a check when the inmate is released.

Copenhaver said that checks are sometimes misplaced or never cashed, which creates budget and bookkeeping problems for some sheriffs’ offices. Debit cards would also make it easier for inmates to get and spend their money, he said.

Front Section, Pages 1 on 03/16/2013

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