Please consider writing testimony in support of SB962 and HB456 for the "Mark Nakashima Act," which would legalize the direct sale of raw milk and raw milk products in Hawai'i. This legislation is essential for restoring food security, supporting local farmers, and ensuring Hawai'i aligns with the majority of states that recognize an individual's right to make personal food choices. It represents a critical step toward a more sustainable, self-sufficient food system.
This is a food security issue. Hawai'i's dairy industry was once thriving, with over 160 cow dairies operating independently. Restrictive regulations forced farmers to sell to a single processor at unsustainably low prices. That and the decision to import cheaper milk from California further devastated local dairy farms. Today, 95% of Hawai'i’s milk is imported, whereas it was once 100% before Meadow Gold acquired what was once Cloverleaf, the last remaining cow dairy. The current system places our islands at risk in the event of supply chain disruptions.
By legalizing direct-to-consumer raw milk sales, this bill would break the regulatory monopoly, empower small farmers, and restore competitive pricing. It would allow local dairy operations to thrive once again, reducing dependence on imports and enhancing food security. Other states, such as Maine and Pennsylvania, have successfully revitalized their dairy industries through raw milk legalization, proving that this approach works. This would also promote innovation and increase the diversity of value-added products our farmers can provide.
Concerns over raw milk safety are often overstated. Forty-eight states now allow some form of raw milk sales, and as legalization has expanded, there has been no corresponding increase in illness outbreaks. In contrast, pasteurized milk has been linked to over 80 outbreaks between 1998 and 2018, according to CDC data.
For further perspective, consider these recent outbreaks in commonly consumed foods:
2023: A salmonella outbreak in cantaloupe and pre-cut fruit led to six deaths and 158 hospitalizations in the U.S.
2024: The UK saw an E. coli outbreak linked to lettuce, causing two deaths and over 275 hospitalizations.
2023: An E. coli outbreak at McDonald’s sickened 75 people across 13 states.
If the government does not ban cantaloupe or lettuce, why single out raw milk?
Modern safety protocols ensure that raw milk can be produced responsibly. The proposed legislation includes rigorous safety standards, such as veterinary oversight, bacterial testing, and clear labeling. Cambridge University published an excellent article in their Journal of Epidemiology and Infection1 discussing how raw milk can be produced with a high level of hygiene and safety. It discusses how Germany has safely regulated raw milk under the Vorzugsmilch system since the 1930s and how the Raw Milk Institute (RAWMI) in California has developed a risk analysis and management system to assist dairy farmers in maintaining high safety standards. These models demonstrate that safe, regulated raw milk production is entirely feasible.
This bill also upholds the fundamental principles of free association and voluntary exchange. Consumers who seek raw milk are not asking for government permission—they simply want the right to engage in a mutually beneficial transaction with farmers. Other states have implemented “For Pet Use Only” labeling, allowing informed consent while providing an option for pet owners who value raw milk for its nutritional benefits. Even warning/advisory labeling goes beyond the labeling standards for food additives and dyes that are known carcinogens, endocrine disruptors, or contribute to hyperactivity yet remain widely available in processed foods.
What other ways could we have legal direct to consumer raw milk sales without the commercial mainstream grocery store? Here are a few:
· Farmers markets, Community Supported Agriculture (CSA), pet food supply stores, and natural food stores
· On-farm sales: the has the shortest supply chain and ensures consumers have a direct relationship with the producers.
· Herdshare agreements: consumers buy a share of a cow or goat and receive a portion of its milk as co-owner. They are not buying milk but rather receiving a product of their own livestock. Making this legal still allows the industry to grow and farmers to advertise.
Hawai'i already allows the sale of raw animal products, such as sushi, ceviche, and tartare. Banning raw milk while permitting these foods is inconsistent and illogical. If consumers can choose raw fish or raw beef, they should also have the right to choose raw milk.
This legislation is not just about milk—it is about food security, economic freedom, and Hawai'i’s right to control its own food system. By passing the "Mark Nakashima Act," you will help restore local agriculture, expand consumer choice, and pave the way for a more resilient and abundant food future for our islands.
Reference: Berge AC, Baars T (2020). Raw milk producers with high levels of hygiene and safety. Epidemiology and Infection. 148, e14, 1-7. https://doi.org/10.1017/S0950628820000060
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