By Emma Epperly

Washington Newspaper Publishers Association

Proposed legislation would make it illegal to sell “milk” products not produced by mammals.

Almond, oat and other nondairy “milks” could not be referred to or marketed as milk under Senate Bill 5349. The bill’s sole sponsor is Sen. Doug Ericksen (R-Ferndale).

“This is a product safety and consumer education bill,” Ericksen said, Tuesday, Jan. 29, at the Agriculture, Water, Natural Resources and Parks Committee public hearing.

South Carolina recently passed legislation similar to Ericksen’s proposal, but with a provision that enforcement would not be required until neighboring states passed similar legislation.

Ericksen said he is open to amending his bill to add something similar and to clarify what the state Department of Agriculture would need to do in compliance with the bill. There was no fiscal note requested on the bill, so under the current version state funding is not required.

“People have the right to know what they’re putting in their bodies,” Ericksen said.

“Really people are being fooled by the imitation milks,” Northwest Dairy Association representative Dan Coins said, noting that is a reason they are in support of this bill defining and clarifying what can be considered milk.

According to the National Milk Producers Federation, the Food and Drug Administration is not enforcing its regulations on the definition of milk.

The FDA defines milk as, “the lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy cows.”

Ericksen said he hopes passing this legislation will send a message to the FDA that Washington state wants federal milk definition regulations enforced.

This issue made national headlines in July 2018 when, at a Politico Pro Summit, FDA Commissioner Dr. Scott Gottlieb questioned whether the standard definition of milk as a product is being enforced correctly.

This is not an issue that is unique to dairy alone with Missouri passing legislation last year to regulate the term “meat.”

Other states are close behind, including Nebraska, Tennessee, Virginia and Wyoming with proposed legislation that would restrict the use of the word meat on meat alternatives’ packaging.