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Preamble:
WHEREAS the Food and Drug Regulations under the federal Food and Drug Act prohibits the sale of raw or unpasteurized milk for human consumption, regardless of producer practices or direct farm to consumer intent; and
WHEREAS this restriction prevents small scale dairy producers, particularly those in rural areas, from legally selling milk and dairy products directly to consumers, despite growing interest in farm-direct food and local agricultural economies; and
WHEREAS Alberta producers can sell other unprocessed farm products, such as eggs, vegetables, and certain meats, under the provincial Marketing of Agricultural Products Act and Public Health Act, with oversight mechanisms including labelling and food safety inspections; and
WHEREAS national surveys report that 2% to 4% of Canadians currently consume raw milk through informal or unregulated channels, indicating consumer interest for local, minimally processed dairy options despite the prohibition; and
WHEREAS regulated models in American jurisdictions such as South Dakota permit raw milk sales directly from farms through licensed systems with requirements for regular microbial testing, clear labelling, refrigeration, and producer recordkeeping; and
WHEREAS introducing a regulated pilot program under federal legislation would allow provinces to assess risks, benefits, and enforcement needs of on farm raw milk sales while supporting economic diversification in rural areas.
Operative Clause:
THEREFORE, BE IT RESOLVED that the Rural Municipalities of Alberta advocate to the Government of Canada to amend Division 8 of the Food and Drug Regulations to permit, under specified conditions, the on-farm sale of unpasteurized dairy products directly to informed consumers; and
FURTHER BE IT RESOLVED THAT such legislative amendments allow provinces to develop frameworks that include producer food safety training, product labelling requirements, traceability, on-farm oversight, and the option to pilot direct sale programs in rural municipalities.
Member Background:
Under the Food and Drug Regulations, Division 8, raw or unpasteurized milk and cream are prohibited from being sold in Canada for human consumption, regardless of sale method or intended use. This prohibition was introduced in 1991 in response to public health concerns surrounding potential contamination with Escherichia coli, Listeria monocytogenes, and Salmonella, all of which are known to cause serious foodborne illnesses.
While the risk of contamination in raw milk is real, modern food safety practices such as closed milking systems, refrigeration, regular microbial testing, and sanitary inspections have evolved significantly. Several international jurisdictions, including parts of the European Union, permit the sale of raw milk through regulatory frameworks that require producer registration, temperature controls, labelling, testing, and traceability (e.g., Commission Regulation (EU) No 2010/605).
In Alberta, other direct-to-consumer agricultural products, such as meat, eggs and vegetables, are permitted under provincial legislation, including the Marketing of Agriculture Products Act and Public Health Act. These allow for direct-to-consumer sale under specific conditions, such as safe handling practices, labelling, and licensing, where necessary. However, no equivalent regulatory flexibility exists for dairy products, which limits small-scale producers from participating in the growing market for local, minimally processed foods.
U.S. models provide examples of how raw milk can be safely regulated. For instance, South Dakota permits on-farm sales of raw milk if the producer is licensed and complies with monthly pathogen testing, clear labelling (including “Raw Milk” warning statements), refrigeration requirements, and recordkeeping obligations. These standards form the basis of educational material issued by the South Dakota Department of Agriculture and Natural Resources to support producer compliance.
A 2023 review by Alberta Agriculture and Irrigation concluded that the risks associated with raw milk outweighed the benefits; however, no pilot programs or regulatory pathways were explored to assess these risks under controlled conditions. Meanwhile, consumer interest in locally based food systems continues to grow. National surveys, such as the Canadian Centre for Food Integrity’s Public Trust Research, report that more than 60% of Canadians consider buying locally produced food as an important factor in their purchasing decisions.
Raw milk advocacy efforts across Canada have included legal challenges (Affleck v. The Attorney General of Ontario, 2021 ONSC 1108) lobbying campaigns and policy efforts at the municipal and regional level. The Southeast Alberta Chamber of Commerce has identified a notable discrepancy between dairy and other agricultural products that are permitted to be sold directly from farms. The organization’s policy calls for the development of a regulatory model in Alberta that would permit the legal sale of raw milk with appropriate safeguards such as food safety training, microbial testing, and labelling. In Quebec, raw milk is permitted for certain types of cheese under Regulation P-29, r.1, but not for fluid consumption. British Columbia and Manitoba have seen limited movement toward raw milk access, with most attempts stalled due to regulatory constraints and public health positions.
For rural municipalities, this issue affects both current and potential small-scale dairy operations. It also intersects with broader rural development goals, such as expanding local food production, supporting farm diversification, and enabling fair market access. Allowing provinces to explore regulated, small-scale pilot programs would provide governments with data on safety, compliance and economic viability without requiring immediate large-scale deregulation
RMA Background:
RMA has no active resolutions directly related to this issue.
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