H.R. 7880 — Interstate Milk Freedom Act of 2026

This section prohibits, notwithstanding the Federal Food, Drug, and Cosmetic Act and section 361 of the Public Health Service Act (42 U.S.C. 264), any Federal department, agency, or court from taking action to prohibit, interfere with, regulate, or restrict interstate traffic of unpasteurized milk or milk products packaged for direct human consumption if (1) the action is based solely on the lack of pasteurization deeming the product adulterated, misbranded, or in violation of federal law; (2) the state of origin allows such distribution for direct consumption (e.g., retail sale, farm-to-consumer, cowshare); (3) the product is produced, packaged, and moved in compliance with that state's laws, including labeling requirements; and (4) it is transported to another state allowing such distribution, regardless of differences in state laws. (Thus, this limits federal authority—typically exercised via adulteration standards or communicable disease regulations—to regulate raw milk interstate commerce between permissive states.) This section specifies that it does not preempt state law and includes definitions for terms such as "cowshare," "milk," "milk product," "packaged for direct human consumption," "pasteurized," and "unpasteurized."