Proposed legislation addresses definition of “milk”

By Emma Epperly, WNPA Olympia News Bureau

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

Almond, oat and other non-dairy milks could not be referred to or marketed as milk under Senate Bill 5349. The bill’s prime and sole sponsor is District 42 senator Doug Ericksen (R-Ferndale).

“This is a product safety and consumer education bill,” said Ericksen at the agriculture, water, natural resources and parks committee public hearing.

Non-dairy milk substitutes have become increasingly popular in recent years. Adrienne Renz is the general manager of the Downtown Bellingham Community Food Co-op and said the substitutes allow people to have options. While these substitutes may be selling more, they have not affected sales of dairy products at the Co-op.

“We have no formal definition [of milk],” Renz said. “Our goal is to provide options to people to fit their dietary restrictions.”

Renz also specified that while the Co-op does sell a large selection of non-dairy substitutes, it is ultimately manufacturers who bear responsibility for labeling and naming their products.

Edaleen Dairy has seen a decrease in milk sales over the past decade, general manager Mitch Moorlag said, but there’s no way to tell whether that can be directly connected to a rise in milk substitute popularity.

“Having them there certainly doesn’t help,” Moorlag said.

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.

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

“Really, people are being fooled by the imitation milks,” Northwest Dairy Association representative Dan Coins said, explaining why the association supports the bill.

The bill touches on a national level with the Food and Drug Administration and milk producers.

According to the National Milk Producers Federation, the FDA is not enforcing their own 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.”

Moorlag said Edaleen would support the proposed bill if it moves forward because they believe there needs to be a stricter definition of what is considered milk.

“People need to be aware of the big nutritional differences between dairy milk and non-dairy substitutes,” Moorlag said. “There is a particular concern about the differences in their levels of protein.”

The Co-op said they will continue to sell non-dairy substitutes but will adhere to the laws of the state of Washington, should they change. They are confident their vendors will comply with any updates in federal and state regulations.

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

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

Additional reporting by Gwen Roley