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As of Friday, the sale of raw milk is legal in West Virginia. Consumption carries risks

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While West Virginia legalizes the sale of raw milk, outbreaks of bird flu among dairy cows continue in nine states across the country.

Bill 4911allowing the sale of raw milk received broad support from Republicans in both the state House and Senate during the regular legislative session earlier this year. Governor Jim Justice let the bill without his signature. The law comes into force on Friday.

Bird flu H5N1 has been detected in 81 dairy herds, none of which are in West Virginia, according to the Centers for Disease Control and Prevention. Bird flu does not normally infect people, but since April 1, three people have been infected contract the virus after contact with cows.

West Virginia Agriculture Secretary Kent Leonhardt said that even if the sale of raw milk were legalized, the risk of West Virginia residents contracting the bird flu virus would be minimal. The U.S. Food and Drug Administration prohibits the interstate sale of raw milk. Federal RegulationDairy cows must test negative for bird flu before being transported across national borders.

“We are currently subject to this rule,” Leonhardt said. “None of these cows are coming into the state of West Virginia.”

Marie KrauseDairy scientist and associate professor at West Virginia University’s Davis College of Agriculture, Natural Resources and Design, said the bird flu outbreak is another reason people should avoid raw milk.

“I love dairy products, I really do, I just don’t think [drinking raw milk] is worth the risk,” Krause said. “I don’t think it was worth the risk before H5N1 came along, and now I think we just have one more reason not to consume raw milk.”

Even before the H5N1 outbreak in cows Centers for Disease Control and Prevention advised people not to drink raw milk or eat raw milk products to prevent germs such as Campylobacter, Cryptosporidium, E. coli, Listeria, Brucella and Salmonella.

Consumption of raw milk has been legal in West Virginia since 2016 under herd-sharing programs. According to the state Department of Health, over the past decade there have been an average of 3.9 foodborne illnesses per year in West Virginia among people who reported exposure to raw milk. Since 2016, the state has investigated a single suspected outbreak linked to raw milk.

Krause pointed out that the bird flu virus has not been detected in cattle in West Virginia, but has been detected in Ohio.

“Ohio is not far from here,” she said. “West Virginia is not a big milk producing state. We don’t have big dairy herds, but that doesn’t mean the disease can’t come here and that our cows can’t get infected. I wouldn’t drink raw milk in the first place, and I think that’s just another reason not to drink raw milk.”

Krause and Leonhardt agree that there is no risk of bird flu for people who drink pasteurized milk.

“I want to reassure the public that our pasteurized milk supply is safe,” Leonhardt said. “Pasteurization neutralizes bird flu, and in other states where bird flu has been found in the milk from these cows, the milk is discarded and does not enter the food supply. But if it is pasteurized, it is safe.”

During pasteurization, milk is heated to high temperatures to reduce the number of pathogens and the risks associated with drinking the milk, Krause said.

“There are bacteria in milk, and often they get into the milk during milking or processing,” she said. “Or they could be in the cow if the cow has a mild infection in the mammary gland. So there are a lot of bacteria in milk, and milk is an excellent breeding ground for those bacteria.”

Whether or not someone gets unwell after drinking raw milk is a “gamble” and depends on the bacterial load, she said.

According to Krause, “myths” about the nutritional benefits of consuming raw milk are not based on scientific evidence. The pasteurization process reduces pathogens in milk and also slightly lowers vitamin B levels, but not enough to affect a person’s nutritional status, she said.

“You can get these vitamins in large quantities from other foods, and milk doesn’t actually contain that many B vitamins, apart from vitamin B2 (riboflavin),” said Krause. “It contains quite a lot of them, and that’s still the case even when it’s pasteurized.”

Some people think raw milk tastes better, she said, but that may be because it has a higher fat content.

The law requires that raw milk containers must carry the following warning: “Consumption of unpasteurized raw milk may increase the risk of foodborne illness, especially in children, the elderly, immunocompromised persons, and persons with certain medical conditions.” In addition, the seller’s address and the date of manufacture must be indicated.

The law authorizes the state Department of Agriculture to consult with the state Department of Health to develop additional rules for the sale of raw milk. However, no novel rules have been implemented so far. The state legislature would have to approve them. Leonhardt said he would consult with state health officials to determine if more rules are needed.

“I’m not a medical professional,” Leonhardt said. “… I’m going to reserve my judgment on that because I want to hear the opinion of medical professionals if they believe that… In general, there are other states that allow raw milk to be sold without additional regulations. So I think at this point we’ll probably just go ahead and follow suit.”

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