The West Virginia Senate passed House Bill 4911 on Friday, March 8, 2024, which would legalize the sale of raw milk. (Getty Images)
According to the state Department of Health, foodborne illnesses linked to exposure to raw milk have increased after West Virginia legalized direct-to-consumer sales.
Consumption of raw or unpasteurized milk that can pose a health riskhas been legal in West Virginia since 2016 through herd shares, which allow people to pay a monthly fee to buy a share of a dairy herd and receive a portion of the milk produced.
In 2024 the legislature passed House Bill 4911which enables the direct sale of raw milk.
According to the state Department of Health, between 2014 and 2023, West Virginia experienced an average of about four foodborne illnesses per year among people who reported raw dairy as an exposure. Between 2016 and 2024, the state investigated a single suspected outbreak linked to raw milk.
Since House Bill 4911 became law in June 2024, there have been 12 foodborne illnesses in the state in which raw milk was a burden, the state Department of Health said. During the same period, the state has not investigated any outbreaks linked to raw milk.
The reported illnesses include five cases of campylobacteriosis, which causes diarrhea and spreads from animals, including cows, to humans; four cases of salmonella, a bacteria that causes diarrhea, fever and stomach pain; two cases of Shiga toxin-producing Escherichia coli, or STEC, a disease that can cause diarrhea, abdominal pain and fever and lead to kidney failure; and a case of Giardiasisa disease caused by a parasite that causes stomach cramps, bloating, stomach discomfort, and loose stools.
“Consumption of raw milk can result in serious health risks, particularly for certain vulnerable populations,” Gailyn M. Markham, communications director for the state Office of Shared Administration, wrote in an email to West Virginia Watch. “Raw milk that has not been pasteurized can be a source of food-borne illness. While good farm practices can reduce contamination, they cannot guarantee protection from harmful bacteria.”
According to the Department of Health, consumption of sawmilk was a potential risk factor for transmission of the bacteria, but other factors may have played a role, so the state cannot confirm that the raw milk caused the illnesses.
The bill to legalize direct sales of raw milk received broad support from Republicans in both states House of Representatives and the senate during the regular legislative session last year. Then-Gov. Jim Justice allowed the bill to become law without signing it.
The law requires that containers of raw milk be clearly marked as “unpasteurized raw milk” and include the name and address of the seller, the date of manufacture, and a warning that consumption of raw milk may augment the risk of foodborne illness. State Department of Agriculture rules Require that milk be stored in a system or device that maintains a temperature of 35 to 40 degrees Fahrenheit until sold. All complaints of adulterated milk received by the Department of Agriculture shall be forwarded to the State Department of Health.
Beth Southern, a spokeswoman for the state Department of Agriculture, said the department has not received any reports of illnesses related to the sale of raw milk. The department does not track who is selling raw milk and where, she said.
Marie Krause, an associate professor at West Virginia University’s School of Agriculture and Food Systems, said it’s tough to say whether the augment in foodborne illnesses is alarming without knowing how much raw milk was sold in the state during that period. She reiterated the Health Ministry’s position that the cases involved raw milk but may not have been caused by the raw milk.
“In addition, since there have been no outbreaks associated with raw milk consumption, this means that no more than one person who consumed raw milk became ill at this time,” she wrote in an email to West Virginia Watch.
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