Last updated on: 2/2/2018 | Author: ProCon.org

Raw Milk Laws State-by-State

(as of Apr. 19, 2016)

I. Introduction   II. State Law Summary   III. Raw Milk Laws by State   IV. Sources

 

I. Introduction
Raw milk laws

States may adopt their own laws on raw milk sales. However, at the federal level, the US Food and Drug Administration (FDA) bans the interstate sale or distribution of raw milk. All milk sold across state lines must be pasteurized and meet the standards of the US Pasteurized Milk Ordinance.

According to US Federal Regulation (21 CFR § 1240.61), “No person shall cause to be delivered into interstate commerce or shall sell, otherwise distribute, or hold for sale or other distribution after shipment in interstate commerce any milk or milk product in final package form for direct human consumption unless the product has been pasteurized.”

As of Apr. 2016, the sale of raw milk in stores is legal in 13 states. 17 states only permit raw milk sales on farms; 8 of the states that prohibit sales allow acquisition of raw milk only through “cow-share” agreements; and in 20 other states all sales of raw milk are prohibited.

Drinking or otherwise consuming raw milk is legal in all 50 states. With the exception of Michigan, no state expressly prohibits the sale of raw milk as animal feed.

 

II. State Law Summary
The categories in this summary are listed from least restrictive to most restrictive. Many states that allow the retail sale of raw milk for human consumption also allow the purchase of raw milk on farms or the acquisition of raw milk through cow-share agreements. Click on each state for more information.
13 states allow the sale of raw milk in retail stores
11 states allow raw milk to be sold in any retail store: Arizona, California, Connecticut, Idaho, Maine, Nevada, New Hampshire, New Mexico, Pennsylvania, South Carolina, and Washington
1 state requires that the store be owned by the producer of the milk: Utah
1 state allows raw goat or sheep milk (not cow milk) to be sold in any retail store: Oregon

 

17 states allow sales of raw milk only on the farm on which it was produced
10 states allow on-farm sales of raw milk: Arkansas, Illinois, Kansas, Massachusetts, Minnesota, Nebraska, New York, Oklahoma, Texas, and Wisconsin
4 states allow on-farm sales of raw milk as well as delivery of raw milk directly from the farm to consumers:
Missouri, South Dakota, Vermont, and Wyoming
3 states allow on-farm sales of raw goat milk (not cow milk): Kentucky, Mississippi, and Rhode Island

 

8 states allow raw milk to be obtained only through “cow-share” agreements
8 states allow people to obtain raw milk only through cow-share agreements: Alaska, Colorado, Michigan, North Dakota, Ohio, Tennessee, Virginia, and West Virginia

 

20 states prohibit the sale of raw milk for human consumption
Raw milk illegal states
Alabama, Alaska, Colorado, Delaware, Florida, Georgia, Hawaii, Indiana, Iowa, Louisiana, Maryland, Michigan, Montana, New Jersey, North Carolina, North Dakota, Ohio, Tennessee, Virginia and West Virginia

 

 

III. Raw Milk Laws by State
 

Raw milk state laws   Legal Status and Additional Information   Applicable Statutes & Codes
  All quoted information in this column is taken from the state government website or from Real Raw Milk Facts, “Raw Milk Facts State by State,” realrawmilkfacts.com (accessed Feb. 6, 2013)   All statute and code abbreviations in this column are taken from the state government website or from Real Raw Milk Facts, “Raw Milk Facts State by State,” realrawmilkfacts.com (accessed Feb. 6, 2013)
       
1. Alabama   Sale of raw milk for human consumption is prohibited.   Ala. Admin. Code r. 420-3-16-.12
2. Alaska   Sale of raw milk for human consumption is prohibited. Raw milk may be legally obtained through ownership of a cow, sheep, or goat, including through cow-share agreements, but only where a legal contract clarifying ownership of the animal is established.   18 AAC 32.020; 18 AAC 32.060
Alaska’s Department of Environmental Conservation Raw Milk Factsheet
3. Arizona   Retail sale of raw milk in stores is allowed. “Raw milk for retail sale must be clearly labeled and displayed/offered separately from pasteurized milk; Cattle producing raw milk must be tested for tuberculosis and brucellosis before beginning production and every 12 months.”   AZ St §3-606
4. Arkansas   On-farm sale of raw milk is allowed. The sale of up to 500 gallons of raw cow’s milk or raw goat’s milk is permitted only on farms (not in retail stores).   Act 1209
5. California   Retail sale of raw milk in stores is allowed. “Raw milk must have warning either on display or, if sold from place of production, may be attached to bottle. 17 CCR § 11380. Raw milk for consumption to have not greater than 10 coliform bacteria/mL and not greater than 15,000 bacteria/mL. CA Food & Ag Code § 35781 (a)(1).”   CA Food & Ag § 35891
6. Colorado   Retail sale of raw milk is prohibited. Raw milk may be legally obtained through cow-share agreements.   C.R.S.A. § 25-5.5-117
7. Connecticut   Retail sale of raw milk in stores is allowed. “Retail raw milk only to be sold in its unprocessed form, with no added ingredients or processing. C.G.S.A. § 22-173a. Only pasteurized milk may be served at food service establishments. C.G.S.A. § 22-193. Regulatory standards for retail raw milk found at CT ADC §§ 22-133-124 thru 22-133-132, including bacterial sampling standards at CT ADC § 22-133-129.”   C.G.S.A. § 22-129
8. Delaware   Sale of raw milk for human consumption is prohibited.   Code Del. Regs. 16 4000 4461
9. Florida   Sale of raw milk for human consumption is prohibited.   F.S.A. § 502.091
10. Georgia   Sale of raw milk for human consumption is prohibited. “The sale of raw milk cheese properly processed and aged according to Federal requirements is legal. The sale of raw milk for animal consumption is legal if the distributor is licensed under the commercial feed laws. The Georgia Department of Agriculture currently has several distributors of raw goat milk for pet food under license.”   O.C.G.A. 26-2-242
11. Hawaii   Sale of raw milk for human consumption is prohibited.   Hawaii Admin. Rule §11-15-46
12. Idaho   Retail sale of raw milk in stores is allowed. Raw milk may also be legally obtained through cow-share agreements. “Producers of raw milk for retail sale must have permit; retailers aside from grocery stores/food retailers must also have permit. Bacterial counts < 15K/mL, coliform < 25/mL, other applicable limits available at ID ADC 02.04.13.060.”   ID ADC 02.04.13.001-999
13. Illinois   On-farm sale of raw milk is allowed.   410 ILCS 635/8
14. Indiana   Sale of raw milk for human consumption is prohibited. In an Apr. 19, 2016 email to ProCon.org, the Indiana State Board of Public Health confirmed that cow-share agreements are not recognized as legal by the state of Indiana.   IN ST 15-18-1-21
15. Iowa   Sale of raw milk for human consumption is prohibited.   I.C.A. 192.103
16. Kansas   On-farm sale of raw milk is allowed. “Raw milk bacterial count < 100K/mL. Kan. Admin. Regs. 4-7-6. Farm sales of raw milk may not be promoted beyond sign on premises, which must identify milk as raw.”   K.S.A. 65-771
17. Kentucky   Sale of raw cow milk for human consumption is prohibited. On-farm sale of raw goat milk is allowed with doctor’s recommendation.   902 KAR 50:110
902 KAR 50:120
18. Louisiana   Sale of raw milk for human consumption is prohibited.   La. Admin. Code tit. 51, pt. VII, § 919
19. Maine   Retail sale of raw milk in stores is allowed. “Must be labeled ‘Not pasteurized.’ Bacterial limits < 50K/mL. Coliform < 10/mL. Code Me. R. 01-001 Ch. 329, § V.”   7 M.R.S.A. § 2902-B
20. Maryland   Sale of raw milk for human consumption is prohibited.   MD Code, Health – General, § 21-434
21. Massachusetts   On-farm sale of raw milk is allowed. “Bacterial limits < 20K/mL, Coliform < 10/mL. 330 MA ADC 27.06. Containers must be conspicuously labeled as raw and carry required warning text. Containers must be sold within 5 days of filling. Sign must be posted conspicuously in raw milk sale area. 330 MA ADC 27.08.”   MGLA 94 § 13. 330 MA ADC 27.01 et seq
Raw Milk Guidelines
22. Michigan   Sale of raw milk for human consumption is prohibited. Raw milk may be legally obtained through cow-share agreements.   MCLA 288.538
Policy # 1.40
23. Minnesota   On-farm sale of raw milk is allowed.   M.S.A. § 32D.20
24. Mississippi   Sale of raw cow milk for human consumption is prohibited. On-farm sale of raw goat milk is allowed.   Miss. Code Ann. § 75-31-65
25. Missouri   On-farm sale of raw milk is allowed. Delivery and sale of raw milk directly from farm to consumer is allowed, including at farmers’ markets.   MO Code 196.935
26. Montana   Sale of raw milk for human consumption is prohibited.   Mont.Admin.R. 32.8.103
27. Nebraska   On-farm sale of raw milk is allowed.   Neb.Rev.St. § 2-3969
28. Nevada   Retail sale of raw milk in stores is allowed. “Certified milk producers must meet standards set by county raw milk commissions (which must be established and set regulations prior to sale being permitted); certified raw milk must have bacteria count < 10K/mL and coliform < 10/mL.” As of Apr. 1, 2016 there were no raw milk commissions in Nevada imposing a de facto ban on the sale of raw milk.   NRS 584.207-08
29. New Hampshire   Retail sale of raw milk in stores is allowed. On-farm sale of raw milk is also allowed. “The following requirements do not apply to a producer that sells fewer than 20 quarts/day. Must be clearly labeled as raw and carry specific warning, unless sold at the farm, in which case a sign with warning is sufficient; bacteria count < 20K/mL, coliform < 10/mL.”   N.H. Rev. Stat. § 184:30-a
30. New Jersey   Sale of raw milk for human consumption is prohibited.   N.J.S.A. 24:10-57.17
31. New Mexico   Retail sale of raw milk in stores is allowed. On-farm sale of raw milk is also allowed. “Bacteria < 20K/mL, coliform < 50/mL. Seller of raw milk must have permit to use grade A labeling/advertising for product. Requires testing of all cows before production of milk and every 12 months thereafter. Must be bottled at farm. Bottles must be conspicuously labeled as raw and carry warning text. Raw milk must be displayed separately from pasteurized milk products.”   NM ST § 25-8-1
32. New York   On-farm sale of raw milk is allowed. “Milk must be sold directly to consumer from a farm licensed by the NY AGRI & MKTS where produced, sign must be posted warning that milk does not have protection of pasteurization; Bacteria count < 30K/mL; quarterly pathogen testing conducted.”   1NYCRR Part 2.3
33. North Carolina   Sale of raw milk for human consumption is prohibited. Sale of raw milk for animal feed is permitted. “Any raw milk sold as animal feed must be clearly labeled with the text “NOT FOR HUMAN CONSUMPTION. IT IS NOT LEGAL TO SELL RAW MILK FOR HUMAN CONSUMPTION IN NORTH CAROLINA.”   N.C.G.S.A. § 130A-279
34. North Dakota   Sale of raw milk for human consumption is prohibited. Raw milk may be legally obtained through cow-share agreements.   N.D. Admin. Code § 33-33-04-12
S.B. 2072
35. Ohio   Sale of raw milk for human consumption is prohibited. Raw milk may be legally obtained through cow-share agreements.   OH ST 917.04
Schmitmeyer v. Ohio
36. Oklahoma   On-farm sale of raw milk is allowed.   OK. Stat. T. 2 § 7-406 & OK Stat. T.2 § 7-414
37. Oregon   Retail sale of raw goat or sheep milk (not cow milk) is allowed. On-farm sale of raw cow milk is allowed. On-farm sale is prohibited on farms with 3 or more cows.   O.R.S. § 621.012
38. Pennsylvania   Retail sale of raw milk in stores is allowed. On-farm sale of raw milk is also allowed. “Raw milk must come from cows certified by department as in good physical health and disease free; cows must be tested for brucellosis and tuberculosis at least once a year; bacterial limits < 20K/mL, coliform < 10/mL.”   7 Pa. Code § 59.302
39. Rhode Island   Sale of raw cow milk for human consumption is prohibited. The sale of raw goat milk directly from producer to consumer is permitted only with a doctor’s prescription.   RI ST § 21-2-2
40. South Carolina   Retail sale of raw milk in stores is allowed. On-farm sale of raw milk is also allowed. “Unlawful for anyone without a permit to manufacture, sell, or give away raw milk. Must be clearly labeled as raw with statement indicating milk has not been pasteurized. Farms must be inspected prior to production and every 3 months after production begins. Bacterial count < 10K/mL, coliform < 10/g, zero presence of pathogenic organisms.”   SC ADC 61-34
41. South Dakota   On-farm sale of raw milk is allowed. Delivery of raw milk directly from farm to consumer is also allowed, including at farmers’ markets. “Farms making sales direct to consumer or making delivery must still have permit for production of milk. Milk must be clearly labeled as ‘raw.'”   SD ST § 39-6-3
42. Tennessee   Retail sale of raw milk is prohibited. Raw milk may be legally obtained through cow-share agreements.   Tenn. Code Ann. § 53-3-119
43. Texas   On-farm sale of raw milk is allowed. “Bacteria < 20K/mL, coliform < 10/mL, pathogen count zero. 25 TX ADC § 217.28.”   25 TX ADC § 217.32
44. Utah   On-farm sale of raw milk is allowed. Off farm sale of raw milk is allowed if store is owned by the producer. Bottles must be labeled raw and carry warning label. Obtaining raw milk through cow-share agreements is permitted.   Utah Dairy Act
45. Vermont   On-farm sale of raw milk is allowed. Delivery of raw milk from farm to consumer is also allowed. “Raw milk sales are prohibited at farmers markets, but advertising is not restricted. Producers of more than 12.5 gallons/day must meet bacteriological stds: bacteria < 15K/mL, coliform < 10/mL. Must be clearly labeled as raw and carry required warning.”   6 V.S.A. § 2775-78
46. Virginia   Sale of raw milk for human consumption is prohibited. In an Apr. 19, 2016 phone call with ProCon.org, the Virginia Department of Agriculture confirmed that cow-share agreements are legal and are authorized on a case-by-case basis.   2 VAC 5-490-70 through 75
47. Washington   Retail sale of raw milk in stores is allowed. Raw milk may also be legally obtained through cow-share agreements. “Must have warning label with required text. If sold at food establishment, sign with warning text must be posted nearby. Herd must have tested negative for brucellosis, Q fever, and tuberculosis within previous 12 months. Monthly retail testing: bacterial count < 20K/mL, coliform < 10/mL; somatic cell <750k/ml (cow & sheep) or <1 million/ml (goat).”   WAC 246-215-041
48. West Virginia   Sale of raw milk for human consumption is prohibited. Raw milk may be legally obtained through cow-share agreements.   W. Va. Code St. R. § 64-34
S.B. 387
49. Wisconsin   On-farm sale of raw milk is allowed. “The sale or distribution of raw or unpasteurized milk is illegal. The law exempts the ‘incidental sale’ of raw milk directly to a consumer at the dairy farm where the milk is produced, for consumption by that consumer (or the consumer’s family or nonpaying guests). But those sales are also illegal if done as a regular business, or if they involve advertising of any kind.”   WI St 97.24
WDATCP Raw Milk Q&A
50. Wyoming   On-farm sale of raw milk is allowed. Delivery of raw milk directly from farm to consumer is also allowed, including at farmers’ markets. Raw milk may be legally obtained through cow-share agreements.   WY ADC AGR FSF Ch. 3 s 8
Wyoming Food Freedom Act

 

IV. Sources
  1. A Campaign for Real Milk, “State Updates,” realmilk.com (accessed Feb. 6, 2013)
  2. Farm to Consumer Legal Defense Fund, “FDA Steps Up Enforcement Against Raw Milk,” farmtoconsumer.org, Apr. 26, 2010
  3. Farm to Consumer Legal Defense Fund, “Raw Milk Nation – Interactive Map,” farmtoconsumer.org, Oct. 19, 2015
  4. National Association of State Departments of Agriculture (NADSA), “Raw Milk Survey” , nasda.org, July 19, 2011
  5. National Conference of State Legislatures (NCSL), “Summary of Raw Milk Statutes and Administrative Codes” , ncsl.org (accessed Feb. 6, 2013)
  6. National Conference of State Legislatures (NCSL), “NCSL Updated Summary of Raw Milk Statutes and Administrative Codes” , ncsl.org (accessed Apr. 19, 2016)
  7. Ohio Raw Milk, ohiorawmilk.info (accessed Feb. 15, 2013)
  8. Real Raw Milk Facts, “Raw Milk Facts State by State,” realrawmilkfacts.com (accessed Feb. 6, 2013)
  9. US Department of Health and Human Services, “US Pasteurized Milk Ordinance” , 2011
  10. United States Code of Federal Regulations (21 CFR § 1240.61) – Mandatory Pasteurization for all Milk and Milk Products
For more information about the debate surrounding raw milk, please read our pro and con question “Is raw milk more healthful than pasteurized milk?“
 
 

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