Sen. Eric Buckson, R-Camden.

PHOTO COURTESY OF legis.delaware.gov

Sen. Stephanie Hansen, D-Middletown

PHOTO COURTESY OF legis.delaware.gov

Agriculture Secretary Michael Scuse

PHOTO COURTESY OF agriculture.delaware.gov

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Legislative Hall
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By Joseph Edelen

DOVER — There were 44 dairy farms in the First State in 2014 but that total has dwindled to just 13 in 2024.

Now, in an attempt to provide an economic boost to Delaware’s dairy farmers and give consumers a choice, Sen. Eric Buckson, R-Camden, is leading a proposal to legalize the sale and distribution of raw milk in the state.

“Folks want products that are organic. They want to trust the food sources that they have, not just because of something like pasteurization, but because of the additives that are included in the milk that you consume, the food products that you consume,” Sen. Buckson said during the bill’s May 15 committee hearing.

“To the consumer, it’s your choice. To the dairy industry, it’s still your choice. But (this is) also a way to say we’re going to help to keep you viable.”

Senate Bill 273 would call on the Department of Agriculture to create a raw milk permit for Delaware providers, which would allow them to sell the product direct to consumer. Raw milk comes from cows, sheep or goats that is not pasteurized, which is a method used to kill harmful bacteria.

Lawmakers attempted to pass a more expansive version of the law in 2014, which would have allowed the product to be sold in grocery stores, Sen. Buckson said.

So, when the Camden Republican approached Department of Agriculture secretary Michael Scuse about legalizing the sale of raw milk, the cabinet member said his support was contingent on several safety measures.

This included on-farm daily testing of the product, which would require participating dairy farms to invest in technology to carry out the tests, as well as monthly testing by an independent laboratory and monthly inspections by Department of Agriculture staff.

“When it comes to regulations, we also made it very clear that we would be working with the (Division) of Public Health to develop regulations to make sure that we can alleviate many of the concerns that Public Health has with our consumers consuming raw milk,” Mr. Scuse said.

The legislation has received pushback from Sen. Stephanie Hansen, D-Middletown, because of recent bird flu mutation trends throughout the nation. In nine states, there have been 42 cattle herds that have tested positive, and at least three dairy workers have contracted avian influenza in recent weeks: two in Michigan and one in Texas.

“Just the ability to then provide an environment where the mutation is going to occur at a more rapid pace than it might do otherwise, that’s the concern here,” Sen. Hansen said.

During the bill’s May 15 committee hearing and its May 23 consideration on the Senate floor, the Middletown Democrat and Mr. Scuse went back and forth on these factors.

The agriculture secretary noted that daily testing will not cover the bird flu because there is no sign of its presence on Delmarva; or in Pennsylvania, where raw milk sales are legal, and where many Delawareans go to get the product.

Further, he said, recent outbreaks in other states caused moving infected cattle to premises that were not impacted and Delaware has protections in place when moving cattle from outside of the region into the state that would prevent such an outbreak from occurring.

But Sen. Hansen noted that federal agencies like the Food and Drug Administration and the Centers for Disease Control and Prevention have recommended humans not consume raw milk due to it not being pasteurized, also listing nearly a dozen nationwide health groups that recommended the same.

“In the face of all of them that say we should not sell … raw milk, you’re asking us to set that aside because ‘we got a plan,’” Sen. Hansen said.

In response, Mr. Scuse said, “Every one of those that you just mentioned will point out that you should not eat raw seafood, they will also point out that you should make sure that your hamburgers (are cooked) through … this is no different than what we all currently are doing that they recommend we do not do.”

Lawmakers then questioned the fiscal benefit this would have for Delaware dairy farmers.

Stephanie Knutsen, co-owner of G&S Dairy in Harrington, testified that the legislation would double their profits by switching five of their 50 cows to raw milk production.

In 2006, she said, 3% of the Delaware population consumed raw milk, and that figure is closer to 5% now. Using those figures and other consumption statistics, she predicted the bill would create $15.6 million for Delaware dairy farms.

“How we’re producing raw milk and the sanitary ways that we’re doing it now.… It’s not nearly as scary… when it’s been produced using this model that includes testing, more rapid refrigeration (and) chilling (and) farmer training on risk management strategies,” Ms. Knutsen said.

Following more than an hour of debate, Senate Bill 273 received bipartisan passage, with five Democratic senators voting no. The bill will head to the House of Representatives for further consideration.