Raw Milk Laws State by State
Raw milk, the unprocessed, non-pasteurized liquid obtained from cows, goats, or sheep, has been a subject of ongoing debate in the United States. Advocates are keen to claim the benefits of drinking raw cow milk with its superior taste compared to pasteurized milk, while opponents argue that it poses significant health risks due to potential contamination with bacteria such as E. coli and Salmonella. As a result, raw milk laws differ vastly from state to state, causing confusion among both producers and consumers.
State-level regulations govern the legality of raw milk sales and distribution, with some allowing retail sales and others permitting farm sales only. In contrast, a few states have imposed an outright ban on any form of raw milk sale. Navigating these complex legal frameworks is a critical task for those interested in raw milk, whether they are producers, sellers, or consumers.
In this article, the reader will be guided through an overview of raw milk laws by each state. By comparing and contrasting various regulatory approaches, one can better understand the reasons behind these diverse regulations, as well as evaluate their effectiveness in striking a balance between public health concerns and the demand for raw milk in the market.
Navigating the world of raw milk laws can be a complex but important endeavor for enthusiasts and producers alike. "Raw Milk Laws State by State" provides a comprehensive overview of the regulations governing raw milk production and distribution across the United States. Gain insight into the intriguing raw milk French Paradox and the varying legal frameworks that impact raw milk availability and consumption.
Explore the nuances of raw milk production and its seasonal nature, shedding light on the impact of raw milk seasonality on its availability and flavor profile. Delve into the potential benefits of raw milk for athletic performance and compare its attributes with those of raw vs. plant-based milks.
Uncover valuable raw milk fast facts to deepen your understanding of the nutritional composition and unique qualities of raw milk. Additionally, gain a broader perspective by comparing raw milk with UHT milk, examining the differences and similarities between the two in the context of raw milk and UHT milk comparison.
"Raw Milk Laws State by State" equips consumers, producers, and enthusiasts with the knowledge needed to navigate the regulatory landscape and make informed decisions about raw milk consumption, fostering a deeper appreciation for this wholesome dairy product.
Federal Regulations on Raw Milk Consumption
FDA's Definition and Stance
The Food and Drug Administration (FDA) defines raw milk as milk from cows, goats, sheep, or other animals that has not been pasteurized to kill harmful bacteria. So, why is raw milk illegal in some states? The FDA strongly advises against consuming raw milk due to the risk of contamination with dangerous pathogens such as Salmonella, E. coli, Listeria, and Campylobacter. The agency emphasizes that pasteurization, which involves heating milk to a specific temperature for a set period of time, is a proven method to eliminate harmful bacteria without significantly altering the milk's nutritional content.
Interstate Sales and Transportation
The FDA has implemented regulations prohibiting the interstate sale and distribution of raw milk for direct human consumption. This includes both sales and transportation of raw milk and raw milk products. Under Title 21, Code of Federal Regulations (CFR), Section 1240.61, it is illegal to sell or transport raw milk across state lines. Individual states, however, have the authority to regulate the sale of raw milk within their borders. As a result, the rules on raw milk consumption and sale vary from state to state. Some states allow the sale of raw milk at retail stores, others permit sales on the farm where the milk is produced, and many states prohibit the sale of raw milk entirely.
State-Level Raw Milk Regulations
States Allowing Sales
Some states permit raw milk sales straight from farms, retail stores, and even farmer's markets. These states have implemented guidelines and regulations to oversee the production and distribution of raw milk, ensuring it is safe for consumption. A few examples of such states include:
Pennsylvania
Washington
South Carolina
States with Limited Sales
Other states have more restrictive laws regarding raw milk sales. In these states, raw milk can only be obtained through limited avenues while still adhering to strict regulations. So, in what states is raw milk legal?:
In Connecticut, raw milk can only be sold on the farm where it was produced.
In Arizona, raw milk sales are limited to farm-direct purchasing with proper labeling.
In Ohio, cow-share and herd-share agreements are allowed to distribute raw milk to their shareholders.
States Prohibiting Sales
Lastly, there are states where raw milk sales are explicitly prohibited, as they consider it a public health risk. Such states include:
Alaska
Nevada
Louisiana
Even in these states, individuals might still find ways to obtain raw milk through private arrangements. Moreover, it is essential for consumers and producers alike to be knowledgeable about their state's regulations and act accordingly, as there is a penalty for selling raw milk.
Raw Milk Legislation State by State
Without further ado, let’s now look at the individual legislation pertaining raw milk in every state:
Alabama
Sales of raw pet milk are legal.
👉 Learn more about raw milk laws in Alabama.
Alaska
The sale of raw milk, raw yogurt, kefir, cheese, ice cream (how long does cream last?), cream, and butter is legal directly to the consumer. Sales at retail stores are legal if the producer has registered with the Department of Environmental Conservation (DEC) and met other regulatory requirements. Retail stores selling raw milk must also register with DEC. Distribution of raw milk and other raw dairy products through a herdshare agreement is legal by statute.
👉 Learn more about raw milk laws in Alaska.
Arizona
Retail sales of raw milk, cream, butter, yogurt, and kefir are legal, with a required license. The state department of agriculture deems herdshares illegal.
👉 Learn more about raw milk laws in Arizona.
Arkansas
On-farm sales of raw cow, goat, or sheep milk are legal without the need for a license. Producers can sell up to 500 gallons per month. See all reports.
👉 Learn more about raw milk laws in Arkansas.
California
Retail sales of raw milk, butter, cream, and kefir are legal with a required license. See all reports.
👉 Learn more about raw milk laws in California.
Colorado
Distribution of raw milk through herdshares is legal, with producers needing to register with the state. Delivery from the farm is allowed by other herdshare co-owners.
👉 Learn more about raw milk laws in Colorado.
Connecticut
Retail sales of raw milk are legal, requiring registration with the commissioner of agriculture. Herdshares are legal by statute. See all reports.
👉 Learn more about raw milk laws in Connecticut.
Delaware
The sale or distribution of raw milk for human consumption is illegal. Sales of raw pet milk are legal if the producer is registered with the Delaware Department of Agriculture.
👉 Learn more about raw milk laws in Delaware.
Florida
Sales of raw pet milk are legal with a required Master Feed Registration. Sales of other raw pet dairy products by producers and distributors are allowed. See all reports.
👉 Learn more about raw milk laws in Florida.
Georgia
Direct-to-consumer sales of raw milk are legal for producers who have obtained a permit from the Georgia Department of Agriculture. Sales of raw pet milk are legal if the producer has a Commercial Feed Permit. Herdshares are illegal by statute. Sales of any raw dairy product for human consumption other than milk and cheese aged 60 days are illegal. Sales of any raw dairy product other than milk for pet consumption are illegal. See all reports.
👉 Learn more about raw milk laws in Georgia.
Hawaii
In Hawaii, the sale of raw milk for human consumption is strictly prohibited by law. While the legality of herdshares remains unclear, the state claims that they are also illegal. Currently, there are no farmers selling raw pet milk, and national manufacturers have ceased selling raw pet milk in retail stores. In 2021, the health department conducted raids on stores, seized products, and banned the sales of raw pet milk.
👉 Learn more about raw milk laws in Hawaii.
Idaho
In Idaho, retail sales of raw milk and other raw dairy products are legal, provided that a permit is obtained. The distribution of raw milk and related products through herdshare agreements is also legal if the producer has registered with the Idaho Department of Agriculture. Furthermore, unpermitted non-retail sales are lawful if the producer is registered with the state and owns no more than three cows, seven goats, or seven sheep.
👉 Learn more about raw milk laws in Idaho.
Illinois
Moving on to Illinois, on-farm sales of raw milk are legal, but they require two permits: a dairy farm permit and a distribution point permit. Further details can be found in the provided reports.
👉 Learn more about raw milk laws in Illinois.
Indiana
In Indiana, there is no specific law regarding herdshares; however, the state is aware of their existence and has not taken any action against them. Sales of raw pet dairy products are allowed.
👉 Learn more about raw milk laws in Indiana.
Iowa
In Iowa, the sale of raw milk and other raw dairy products on the farm and through direct delivery to the consumer is legal if the producer maintains a farm with no more than ten dairy animals actively producing milk at any given time.
👉 Learn more about raw milk laws in Iowa.
Kansas
Proceeding to Kansas, on-farm sales of raw milk, as well as sales of raw butter, cream, yogurt, kefir, and unaged cheese, are legal without requiring a permit.
👉 Learn more about raw milk laws in Kansas.
Kentucky
In Kentucky, there is no legislation on herdshares, and while the state acknowledges their presence, no actions have been taken to outlaw them. Sales of raw goat milk are legal if the farmer holds a permit, and consumers must have a written recommendation from a physician.
👉 Learn more about raw milk laws in Kentucky.
Louisiana
In Louisiana, selling raw milk for human consumption is prohibited by law. Currently, no farmers are selling raw pet milk, but national manufacturers continue to sell raw pet dairy in retail stores. More information can be found in the provided reports.
👉 Learn more about raw milk laws in Louisiana.
Maine
Moving on to Maine, retail sales of raw milk, as well as sales of raw butter, cream, yogurt, and kefir, are legal, but a permit is required. Additionally, unlicensed and unregulated direct-to-consumer sales of all raw dairy products are legal in towns that have passed the local food sovereignty ordinance. Refer to the provided reports for more details.
👉 Learn more about raw milk laws in Maine.
Maryland
In Maryland, the sale of raw milk is illegal according to statutory laws, and the distribution of herdshares is prohibited by regulation. However, sales of raw pet milk are legal if the producer is registered with the state. Supplementary information can be found in the provided reports.
👉 Learn more about raw milk laws in Maryland.
Massachusetts
Raw milk can be legally sold on-farm with a required certificate of registration. Refer to all available reports.
👉 Learn more about raw milk laws in Massachusetts.
Michigan
Herdshares, under written policy 1.40, are legal for distributing raw milk without enforcement of pasteurization requirements. However, there is a court case where the farmer distributing raw cream and butter to shareowners was not held in contempt of court, violating state dairy laws. Access all reports.
👉 Learn more about raw milk laws in Michigan.
Minnesota
On-farm sales of raw milk and raw cream are legal without requiring a permit. The law states that the pasteurization requirement does not apply to milk, cream, or skim milk purchased occasionally for personal use directly from the place or farm of production. Read all reports.
👉 Learn more about raw milk laws in Minnesota.
Mississippi
Goat milk on-farm sales are legal, with a maximum of nine lactating goats for the producer.
👉 Learn more about raw milk laws in Mississippi.
Missouri
On-farm sales of raw milk and raw cream are legal. Producers without permits can sell via delivery, while permit holders can sell at farmers' markets and other direct-to-consumer venues, excluding retail stores.
👉 Learn more about raw milk laws in Missouri.
Montana
Unregulated, direct-to-consumer sales are legal for producers with no more than five lactating cows, ten lactating goats, or ten lactating sheep on their farm. Review all reports.
👉 Learn more about raw milk laws in Montana.
Nebraska
On-farm sales of raw milk and raw cream are legal without requiring a permit.
👉 Learn more about raw milk laws in Nebraska.
Nevada
Raw milk sales are de facto illegal, as sales are only legal if approved by the county milk commission, which has not approved anyone thus far. Raw pet milk sales are legal, but state law mandates the use of a toxic dye to denature the milk. Access all reports.
👉 Learn more about raw milk laws in Nevada.
New Hampshire
Retail sales of raw milk, raw butter, cream, yogurt, and kefir are legal, with a required permit. The allowance for retail sales and sales to restaurants is determined by the county or municipality. Unregulated producers can directly sell to consumers on-farm, at farm stands, or farmers' markets, with a daily limit of up to 20 gallons of raw milk or equivalents processed into raw butter, cream, yogurt, kefir, or cheese aged 60 days or more.
👉 Learn more about raw milk laws in New Hampshire.
New Jersey
Raw pet milk sales are legal if the producer is registered with the state department of agriculture. However, distribution or sale of raw milk for human consumption is illegal.
👉 Learn more about raw milk laws in New Jersey.
New Mexico
Retail sales of raw milk and raw cream are legal, but a permit is required. Municipalities, like Albuquerque, can choose to ban sales. There are no specific laws on herdshares.
👉 Learn more about raw milk laws in New Mexico.
New York
On-farm sales of raw milk are legal, but a permit is required.
👉 Learn more about raw milk laws in New York.
North Carolina
So,is raw milk legal in NC? Distribution of any raw dairy product through herdshares is legal. Raw pet milk sales without a permit are also legal, but producers of pet milk must submit labels to the Department of Environment and Natural Resources.
👉 Learn more about raw milk laws in North Carolina.
North Dakota
Sales and distribution of raw milk and raw dairy products directly to consumers are legal, including through herdshares and CSAs.
👉 Learn more about raw milk laws in North Dakota.
Ohio
Distribution of raw milk and raw milk products through herdshares is legal by court decision in Darke County, and by policy for the rest of the state. Sales of raw pet milk are legal if the producer has a commercial feed permit.
👉 Learn more about raw milk laws in Ohio.
Oklahoma
On-farm sales of raw milk are legal, and there are allowances for "incidental sales," defined as raw cow or goat milk sales of no more than 100 gallons per month.
👉 Learn more about raw milk laws in Oklahoma.
Oregon
Retail sales of raw goat milk and sheep milk, as well as raw cream, are legal with a permit. Unlicensed on-farm sales of raw cow, goat, and sheep milk are allowed with specific limitations on the number of lactating cows, goats, and sheep.
👉 Learn more about raw milk laws in Oregon.
Pennsylvania
Retail sales of raw milk are legal, including sales in restaurants, with a permit. Producers selling in retail stores must use mechanical bottling methods. Consumers can bring their own containers for on-farm purchases.
👉 Learn more about raw milk laws in Pennsylvania.
Rhode Island
Raw milk sales are generally illegal, except for consumers with a physician's prescription for raw goat milk. Currently, no farmers are selling raw pet milk, but national manufacturers sell raw pet dairy in retail stores.
👉 Learn more about raw milk laws in Rhode Island.
South Carolina
Retail sales of raw milk are legal with a permit. In 2020, the state proposed regulations to legalize the sale of raw cream and raw buttermilk dairys in South Carolina.
👉 Learn more about raw milk laws in South Carolina.
South Dakota
Discover legal on-farm sales of raw milk in South Dakota. Sales of raw cream are also permitted, but a permit is required. Delivery is also legal. Explore all reports.
👉 Learn more about raw milk laws in South Dakota.
Tennessee
Find out about the legal distribution of raw dairy products through herdshares in Tennessee. Producers with a dairy plant permit can sell raw butter. Additionally, producers with a commercial feed permit can sell raw pet dairy products. Explore all reports.
👉 Learn more about raw milk laws in Tennessee.
Texas
Learn about the legal sale of raw milk and raw milk products in Texas. Producers with a permit from the Texas State Department of Health Services can sell these products on the farm and through delivery to the final consumer. Explore all reports. Can I order raw milk online? Yes and some raw milk delivered, see this map.
👉 Learn more about raw milk laws in Texas.
Utah
Discover the legal retail sales of raw milk and raw milk products in Utah. Licensed producers with a majority ownership in the retail store can sell these products. They can also sell on-farm and deliver and/or sell via a refrigerated mobile unit. Unlicensed producers can sell up to 120 gallons of raw milk a month at the farm. Herdshares are legal, and producers with no more than two cows, 10 goats, and 10 sheep can distribute raw milk and any other raw dairy product to their shareholders. Explore all reports.
👉 Learn more about raw milk laws in Utah.
Vermont
Learn about the legal on-farm sales of raw milk in Vermont. Producers meeting basic requirements can sell up to 87.5 gallons a week without a permit. Producers meeting additional requirements can sell up to 350 gallons per week and can also deliver and sell at farmers’ markets. Explore all reports.
👉 Learn more about raw milk laws in Vermont.
Virginia
Find out about the policy of the Virginia Department of Agriculture and Consumer Services regarding the distribution of raw milk and raw products through herdshares in Virginia. Explore all reports.
👉 Learn more about raw milk laws in Virginia.
Creambrook Farm, Middlebrook, VA is a working raw milk farm. The raw milk is grassfed, lab tested & sold to Virginians through a herd share, like a milk subscription.
Washington
Discover the legal retail sales of raw milk and raw cream in Washington. A license is required, and sales to restaurants are also permitted. Explore all reports.
👉 Learn more about raw milk laws in Washington.
West Virginia
Learn about the legal distribution of raw milk through herdshares in West Virginia. Herdshare producers must register with the state. Explore all reports.
👉 Learn more about raw milk laws in West Virginia.
Wisconsin
On-farm sales of raw milk in Wisconsin are legal as "incidental sales," which are defined as not occurring in the regular course of business (although the definition of "regular course of business" remains unclear in the state). Moreover, sales of raw milk are permitted to individuals who have a bona fide ownership interest in the milk producer license. Farmers holding a milk producer license can issue stock to those seeking raw milk, provided that the sole purpose of the business is not the sale of raw milk and the investors assume the risk of loss for their investment. For more information, refer to all available reports.
👉 Learn more about raw milk laws in Wisconsin.
Wyoming
In Wyoming, unregulated producers can legally sell raw milk and other raw dairy products at retail stores, on-farm, through delivery, and at other direct-to-consumer venues like farmers’ markets. Distribution of raw milk via herdshare agreements is also legal by regulation. To access comprehensive reports, kindly refer to the relevant sources.
👉 Learn more about raw milk laws in Wyoming.
Recent Legislative Changes
In recent years, there have been several legislative changes surrounding raw milk sales and consumption in various states across the United States. In 2013, Mississippi lifted its ban on raw milk sales and now allows consumers to purchase raw milk directly from farms. This change was a result of concerted efforts by local farmers and raw milk advocates who believed in the nutritional benefits and the right to choose their own food sources.
Another significant change occurred in 2017, when West Virginia passed legislation allowing herd share agreements. This enables consumers to enter into a legal contract with a farmer and purchase a share of a cow, goat, or sheep's milk production. The consumer would then receive a portion of the raw milk produced by the shared animal. This has expanded access to raw milk for West Virginians, who previously were not allowed to buy or sell raw milk directly.
In 2018, Utah saw an amendment to its raw milk regulations, which now permits the sale of raw milk at additional locations beyond the farm where it is produced, such as farmers' markets and retail stores. This change resulted from a growing demand among consumers for more accessibility to raw milk, proving that Utah's raw milk producers have a viable market.
It's important to note that these changes have not come without controversy and ongoing debates. Opponents argue that raw milk poses health risks due to possible bacterial contamination. This debate has led some states, such as New York and Louisiana, to maintain strict bans on the sale and consumption of raw milk.
While the legal landscape surrounding raw milk sales and consumption continues to shift, it is essential for consumers and producers to stay well-informed about the laws in their states when choosing a dairy warehouse near me. This will ensure compliance with regulations and promote a safe and responsible environment for raw milk enthusiasts.
Potential Health Benefits and Risks
Proponents' View
Proponents of raw milk argue that it contains a rich array of nutrients, enzymes, and beneficial bacteria, which are otherwise destroyed or degraded during pasteurization. They believe that these components can provide potential health benefits, such as:
Improved digestion: Raw milk contains lactase, an enzyme that helps some individuals digest lactose, the sugar found in milk.
Stronger immune system: Raw milk contains probiotics, which are beneficial bacteria that may support a healthy gut and immune system.
Better nutrient absorption: Some claim that pasteurized milk proteins can be difficult for the body to process, suggesting that raw milk allows for better nutrient absorption.
Opponents' View
On the other side, opponents of raw milk consumption cite the potential health risks associated with its consumption, primarily due to the presence of harmful bacteria. Some of the concerns they raise include:
Foodborne illness: Raw milk can harbor dangerous bacteria, such as E. coli, Listeria, and Salmonella, which can cause severe illness, especially in young children, pregnant women, the elderly, and individuals with compromised immune systems.
Increased risk of severe symptoms: In comparison to other foodborne illnesses, those caused by raw milk consumption can sometimes lead to more severe symptoms and complications, including kidney failure, paralysis, and even death.
Unpredictability: Since the quality of raw milk varies depending on factors like environment, animal health, and farming practices, it can be difficult to determine which raw milk products are safe to consume and which may present health risks.
Safety Precautions and Best Practices
Before consuming or handling raw milk nearby, it is essential to follow certain safety precautions and best practices to reduce the risk of potential health hazards. Adhering to these guidelines ensures that the milk remains suitable for consumption.
First and foremost, obtain raw milk from reliable sources, such as reputable dairy farms or licensed raw milk producers. By doing so, you can ensure that the milk you consume is handled and produced with strict hygiene standards in place.
One of the essential steps to maintain the quality of raw milk is keeping it cold. Raw milk should be stored at temperatures below 40°F (4°C) to slow down the growth of harmful bacteria. Always transport raw milk in insulated coolers with ice packs to ensure that it remains cold until it reaches your home or the final destination.
When handling raw milk, make sure to keep all equipment clean and sanitized. This includes milk containers, bottles, and utensils used for pouring or serving the milk. Regularly washing these items in hot, soapy water and properly drying them can help prevent cross-contamination.
It is highly recommended to consume raw milk within a week of purchase to ensure its freshness and reduce any potential health risks. In case of any unusual taste, odor, or curdling, discard the remaining milk immediately, as it indicates spoilage.
Lastly, consuming raw milk might not be suitable for everyone, especially for individuals with weakened immune systems such as young children, pregnant women, elderly individuals, and those with chronic illnesses. These vulnerable populations should exercise caution and consult with healthcare professionals before consuming raw milk.
Conclusion
Raw milk laws vary significantly from state to state. Some states have stringent regulations, while others adopt a more lenient approach. It is crucial for consumers and producers alike to understand their local laws and guidelines to avoid potential legal issues and unforeseen consequences.
In some states, raw milk can be legally sold directly from a dairy farm near me or through farmers' markets. Consumers in these states generally have greater access to obtaining raw milk. However, it is essential for both buyers and sellers to monitor regulations as they can change over time.
Other states have more restrictive laws, allowing raw milk to be only used for animal consumption or requiring a share program of any type. This can limit the availability of raw milk for consumers, and producers need to be cautious in adhering to these laws to avoid penalties.
Regulations surrounding raw milk are aimed at balancing public health concerns with consumer choice. Understanding these laws on a state-by-state basis is necessary for navigating the complex world of raw milk. As the laws continue to evolve across the nation, staying informed and up-to-date is crucial for those involved in its distribution and consumption.
