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Since legalization of direct to consumer sales of raw milk in West Virginia, the State Department of Health has noted a dramatic increase in foodborne illness cases. Despite raw milk having prior loopholes with other forms of sale in the state, the number of illnesses prior to the new law were somewhat minimal.
Why are we seeing more illnesses linked to raw milk in West Virginia now? What exactly is raw milk, and why is it more dangerous? What should you do if you get sick?
Follow along as we discuss the issue of raw milk in West Virginia!
Although no specific outbreak has been reported, the overall number of cases of foodborne illness associated with raw milk in Virginia has increased.
Since 2024, there have been at least 12 reported cases of foodborne illness where raw milk was indicated as the exposure source.
To put that into perspective, between 2014 and 2023, the state saw an average of four cases a year, with just one outbreak between 2016 and 2024.
Since 2024, there have been five cases of Campylobacteriosis, four cases of Salmonella, two cases of Shiga toxin-producing Escherichia coli or STEC, and one case of Giardiasis.
So, what changed in 2024?
State House Bill 4911. That’s what.
Prior to June 7, 2024, raw milk was only legal under a “herd share” practice.
In 2016, West Virginia passed a law that legalized herd shares. This allows people to pay a monthly fee to purchase a “share of a dairy herd.” In exchange, they get a portion of the milk produced.
Now, milk can be sold directly to the consumer. No complicated herd sharing needed. However, there are still some rules in place to ensure that the consumer understands they are purchasing unpasteurized product.
While there are new rules for the sale of raw milk in West Virginia, most of them are for identification.
Not safety.
For example, the label must clearly say “unpasteurized raw milk” along with a warning that the milk has not been pasteurized and may increase the risk of foodborne illness. The farm name, address, and production date must also appear on the label.
Raw milk must be stored in a “system or device” that maintains a temperature of 35 to 40 °F until it is sold.
Consumers are directed to the State Department of Health for complaints regarding adulterated milk.
What’s missing from these rules?
Registration with the state, for one. Beth Southern, a spokeswoman for the state Department of Agriculture explained that the department does not keep track of who sells raw milk or where.
Also missing? Microbial testing.
Other states require certain pathogen testing. Or at the very least, coliform testing periodically. There is no mention of that in the rules. Nor is testing for bird flu. Which has become a common practice in the commercial dairy industry.
Which brings me to a point. Do you know the difference between raw milk and pasteurized milk? How about the potential risks?
Raw milk is a term used for milk that has not been pasteurized. It has not been heat treated to kill potential illness-causing germs that can make their way into dairy products.
It is, in the simplest terms.
Raw.
This term applies to milk from cows, sheep, or goats alike. The most effective and commonly employed heat treatment for raw milk is pasteurization.
Pasteurization is a widely used process invented in 1864, by the namesake inventor, Louis Pasteur. Pasteur discovered a way to heat treat beverages in order to kill harmful microorganisms. Microorganisms responsible for diseases such as listeriosis, typhoid fever, tuberculosis, diphtheria, Q fever, and brucellosis. Among others.
While the original intent for pasteurization was to help increase the shelf life and reduce spoilage of beer, wine, and other beverages, a more pressing issue of the time. In modern times, it is most commonly associated with milk. Though juices and certain shelf stable foods are also commonly pasteurized. Many illnesses prior to pasteurization were linked to milk and dairy products. A problem that has almost entirely been eradicated since widespread use of pasteurization.
In fact, since the mainstream application of pasteurization, the number of milk-related outbreaks has decreased from 25% to only 1%. With 70% of those outbreaks involving raw milk.
Raw milk is risky because without the heat treatment of pasteurization, potential germs found on dairy farms can make their way into the milk and sicken the consumer.
This notice about raw milk in West Virginia specifically mentioned Campylobacter Salmonella, STEC, and Giardiasis illnesses. These are very common in raw milk-related illnesses. Listeria has also been implicated in raw milk-related outbreaks.
Campylobacter is a bacteria commonly associated with raw milk. These bacterial infections can cause serious illness. People usually begin feeling sick around two to five days after ingesting campylobacter bacteria or something contaminated with it. Most people begin feeling better in about a week. However, some people may experience additional complications.
Campylobacter symptoms to look out for:
Certain people with weakened immune systems such as those with AIDS, receiving chemotherapy, or people with a blood disorder may develop a life-threatening infection if it spreads to the bloodstream.
Some raw milk-related infections involve E. coli bacteria. More specifically, STEC bacteria. Symptoms of this illness can range from mild to severe. Most people begin feeling sick around three to four days after exposure. However, some may begin feeling sick as early as one day or as late as 10 days or more after eating contaminated food.
E. coli symptoms to look out for:
People generally recover from E. coli infections within about a week (five to seven days). However, some people may experience other complications. The elderly, young children, and those with a weakened immune system may experience more severe symptoms or develop a serious complication. Hemolytic uremic syndrome, for example. A type of kidney failure that occurs when the toxin ruptures blood cells that end up clogging the filtering tubes of the kidney. This can be life-threatening.
Salmonella infections are also commonly associated with contaminated raw milk. These symptoms can begin anywhere from six hours to six days after exposure.
Symptoms to look out for include:
In most cases, symptoms are resolved within a week (four to seven days).
Giardiasis is the illness involving the microscopic parasite, Giardia.
Short-term symptoms may include:
Giardia symptoms often start 1 to 2 weeks after becoming infected with Giardia parasites. Even as long as 3 weeks!
These symptoms generally last for 2 to 6 weeks.
Around 1 in 3 people with Giardia infection experience long-term symptoms that can last for years.
Long-term complications may include:
Listeria infections are also common in raw milk-related outbreaks. This type of bacterial infection is complicated, in that they impact people who are pregnant differently than those who are not. More deadly outcomes often occur in the latter. Especially when the bacteria leave the digestive system and enter other parts of the body.
Intestinal illness often begins within around 24 hours of consuming contaminated food and lasts for around one to three days.
Intestinal Listeria infection symptoms to look out for:
Invasive illness happens when Listeria bacteria move beyond the digestive system and enter other parts of the body. If this happens, it usually occurs around two weeks after exposure.
Symptoms of invasive illness in non-pregnant people:
Invasive Listeria infections in those who are not pregnant are particularly deadly. 1 in 20 non-pregnant people with invasive listeriosis will die from their illness.
While personal symptoms of invasive illness are relatively milder for the pregnant person, the impact on the pregnancy can be devastating.
Symptoms of invasive illness in pregnant people:
If you have become sick from raw milk in West Virginia, reach out to your healthcare provider right away. Proper diagnosis can assist expedited treatment and help notify your local health department of a problem. Even if your illness is mild, reporting your illness can help others who are not so lucky.
Be sure to note the date information and retain product packaging, if possible. This could assist in the traceback investigation and you will likely be asked for this information.
It is also a good idea to get advice from a raw milk lawyer.
The Lange Law Firm, PLLC can help!
Call (833) 330-3663 for more your free, no obligation consultation to discuss the details of your situation. Or click here to email and a member of our compassionate team will get back with you shortly.
By: Heather Van Tassell (contributing writer, non-lawyer)
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