States Hesitant to Pass Food Safety Laws in 2015 Request Your Free Consultation


After the first week of the year, it appears few state legislatures plan on tackling potential bills dealing with the issue of food safety. According to the National Conference of State Legislatures (NCSL), laws linked to food safety are not a “hot issue” for state lawmakers this year.

With most states boasting the best financial conditions since the economic downturn of 2008 in the new year, it may mean that health departments across the country receive much needed funding again. With increased resources for inspecting restaurants, grocery stores, and other entities, it could greatly improve the nation’s food service industry.

Furthermore, 2015 should have fewer obstacles for those wanting to push new legislation through. On the federal and state level, the GOP took control of law-making bodies across the country. In around 30 of the nation’s states, Republicans gained control of both chambers last November. Of the nation’s 7,383 combined legislative seats, Republicans obtained roughly 4,100 of them and also control the governor’s office in 33 states.

What about food safety laws?

The few indications of state movement on food issues so far seem to be primarily focused on so-called cottage food industries. These are certain foods made in private homes and sold to the public. This is the same trend that was around when Republicans last had control of state legislatures in 2010. During that time, roughly two dozen states passed cottage food laws. These bills made most kitchens exempt from having to obtain licenses or having inspections made by state or federal food safety agents.

Related bills involve pushes to sell raw milk in grocery stores. As of now, raw milk is banned in stores in 12 states and only legal in 10. 28 states allow for raw milk to be sold on the farm or via herd-share agreements. The interstate sale and transportation of raw milk is prohibited by the Food and Drug Administration.

Wisconsin may look to move forward with raw milk legislation as it did in 2010. After a bill was passed lifting the ban on unpasteurized milk, the then-governor, Democrat Jim Doyle, vetoed it.

While states like Wisconsin look to begin the legislative year this week, it does not seem that there is much concern over food safety, though there is still plenty of time for legislation changes.