During consideration of the farm bill (H.R. 2), Representative Thomas Massie (R-Ky.) introduced an amendment to prohibit federal interference in the interstate transportation of unpasteurized milk and milk products between states that allow for the distribution of such products for direct human consumption.
The House rejected Massie’s amendment on May 18, 2018 by a vote of 79 to 331 (Roll Call 201). We have assigned pluses to the yeas because the U.S. Constitution does not give the federal government any authority over what foods a person chooses to consume. In other words, it is illegal for the federal government to make raw milk illegal. While the federal government does have authority to “regulate Commerce … among the several States,” there is no reason for federal interference in a scenario such as this, where a product is legally sold in each of the states in question. Massie’s amendment would have limited federal overreach and should have been supported.
