Last updated on: 2/20/2024 | Author:

State-by-State Raw Milk Laws

A pregnant brown and white dairy cow.
Source: AdstockRF

States may adopt their own laws on raw milk sales. Most states have state-wide laws, but a few leave decisions to local governments.

At the federal level, the U.S. 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 U.S. 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.”

StateRule or Law
(please consult you state or local government)
AlabamaRules of Alabama State Board of Health Bureau of Environmental Services Division of Food, Milk, and Lodging, Chapter 420-3-16: Production, Processing, Handling, or Distribution of Milk, Milk Products, and Frozen Desserts Sales of raw milk for human consumption are prohibited. Farmers may sell raw milk for animal consumption if they obtain a commercial feed license.
AlaskaAlaska Administrative Code, Title 18: Environmental Conservation, Chapter 32: Milk and Animal Products Processing, Article 1: Milk and Milk ProductsSales of raw milk for human consumption are legal. Farmers must register each year with the DEC Office of the State Veterinarian and it is the obligation of the farmer to ensure they are in compliance with state laws.
ArizonaArizona Revised Statutes: Title 3 - Agriculture, Chapter 4 - Dairies and Dairying, Article 1 - General Provisions, 3-601. Definitions, 3-606 - Sale of Milk, Milk Products, Raw Milk and Raw Milk Products; Regulation, 3-607. Annual Licenses; Revocation; Fees

Arizona Administrative Code: Title 3. Agriculture, Chapter 2. Department of Agriculture Animal Services Division, Article 8. Dairy and Dairy Products ControlR3-2-805. Grade A Raw Milk for Consumption

Sales of raw milk and raw milk products for human consumption are legal on the farm and in grocery stores as long as the package carries a required warning label, the farmer has a producer-distributor license for selling raw milk and cream (another license is required for other raw milk products), and state-approved bottling equipment is used on the farm.
ArkansasArkansas Regulations: Arkansas Department of Health, Arkansas State Board of Health Rules and Regulations Pertaining to Grade “A” Milk and Milk Products, Part I. Authority, Part II. Purpose and Statement of Policy

Arkansas Code Title 20. Public Health and Welfare § 20-59-248. Incidental Sales of Goat Milk, Sheep Milk, and Whole Milk That Has Not Been Pasteurized Not Prohibited–Definitions
Sales of raw milk are prohibited with the exception of "incidental sales" of up to 500 gallons per month of raw milk sold on the farm, with regulations including specific signage on the farm and label on the milk.
CaliforniaCalifornia Code: California Food and Agriculture Code, Division 15. Milk and Milk Products Act of 1947Sales of raw milk for human consumption are legal on farms and in stores as long as the milk meets "market milk" requirements and other regulations.
ColoradoCode of Colorado Regulations, Department of Public Health and Environment, Division of Environmental Health and Sustainability, 6 CCR 1010–4 Colorado Milk and Dairy Products RegulationsSales of raw milk are prohibited. The prohibition does not include cowshare programs, in which raw milk, cream, yogurt, and cottage cheese can be distributed by farmers. Distribution of raw milk butter and cheese is prohibited, even in cowshare programs.
ConnecticutConnecticut Statutes, Title 22 Agriculture. Domestic Animals, Chapter 430 Milk and Milk ProductsSales of raw milk are legal on farms and in retail stores if the farmers have producer and raw milk retailer permits from the State Agriculture Commissioner as well as a milk dealer license from the public health board where the farm is located.
Delaware4461 State of Delaware Milk Code, United States Department of Health and Human Services’ Grade “A,” Pasteurized Milk Ordinance 2015 RevisionRaw milk sales are illegal.
District of ColumbiaDistrict of Columbia Municipal Regulations: Title 25 Food and Food Code, Subtitle A: Food and Food Operations, Chapter 7 Sources, Specifications and Original Containers and Records for Food, 700 Sources- Compliance with Food Law, 702 Sources-Fluid Milk And Milk Products, 710 Specifications For Receiving-Eggs And Milk Products, PasteurizedRaw milk sales are illegal.
FloridaFlorida Statutes: Title XXXIII Regulation of Trade, Commerce, Investments and Solicitations, Chapter 502 Milk and Milk Products, 502.091 Milk and Milk Products Which May Be Sold

Florida Administrative Code, Department of Agriculture and Consumer Services, Chapter 5D-1 Milk, Milk Products and Frozen Desserts, 5D-1.001 Documents Incorporated by Reference and Definitions
Sales of raw milk for human consumption are prohibited, including via cowshare programs. Farmers may sell raw milk for animal consumption on their farms and in retail stores.
GeorgiaOfficial Code of Georgia, Chapter 2, Title 26Sales of raw milk for human consumption are legal. The farmer must obtain a permit and the product must be tested and labeled appropriately.
HawaiiHawaii Administrative Rules, Title 11 Department of Health, Chapter 15 Milk, § 11-15-46 Milk and Milk Products which May Be SoldRaw milk sales are illegal.
IdahoIdaho Administrative Code, Animals Division Rules, 02.04.13, Rules Governing Raw MilkSales of raw milk are legal on farms, in retail stores, and in restaurants if the farmers have a raw milk permit. Herd share programs are legal if the farm or dairy is registered
IllinoisIllinois Administrative Code, Part 775 – Grade A Pasteurized Milk and Milk ProductsSales of raw milk are legal on the farm where the animals are located with a permit and only within five days of milk production.
IndianaIndiana Code, Title 15, Article 18-1, Section 20Sales of raw milk for human consumption is prohibited.
IowaSenate File 315Sales of raw milk are legal on farms where no more than ten animals are actively producing milk at once. Medical exams of the animals and bacteria testing of the milk are required, among other requirements.
KansasKansas Statutes, Chapter 65, Public Health Article 7 Milk, Cream and Dairy ProductsSales of raw milk are legal on farms as long as the only promotion of sales is a sign on the farm that indicates the milk is raw and the letters of which are a uniform size; and as long as the containers are clearly labeled as ungraded raw milk.
KentuckyKentucky Statues, Chapter 217C..090

Kentucky Administrative Regulations, Title 902, Chapter 050, Regulation 120
Sales of raw milk are prohibited with the exception that a person who has the written recommendation from a doctor may purchase raw goat milk.
LouisianaLouisiana Administrative Code, Title 51 Public Health—Sanitary Code, Part VII. Dairy Products Regulations, Chapter 3. Sampling, Examination, Inspections, Grading, Enforcement Procedures and Standards of Dairy Products Including Frozen Desserts, Subchapter C. Grading, Enforcement Procedures and Standards, §323. Grades of Milk and Milk Products to be SoldRaw milk sales are illegal.
MaineMaine Statues, Title 7: Agriculture and Animals, Part 7: Milk and Milk Products Chapter, 601: Milk and Milk ProductsSales of raw milk and raw milk products are legal if the products are labeled "not pasteurized."
MarylandCode of Maryland, Health - General, Title 21. Food, Drugs, and Cosmetica, Subtitle 4. Milk Products, Part IV. Prohibited Acts, § 21-434. Sale of Raw Milk or Farmstead CheeseRaw milk sales are illegal.
MassachusettsGeneral Laws, Part I, Title XV Chapter 94, Section 16J: Establishment of Rules and Regulations by Boards of Health of Cities and Towns for Handling and Sale of MilkMassachusetts allows local governments to set raw milk laws. If raw milk sales are allowed, the sales must comply with sections 12 and 13.
MichiganManufacturing Milk Law of 2001, Grade A Milk Law of 2001, Act 266 of 2001, 288.538 Pasteurized Milk and Milk Products Offered for Sale; Requirements.Raw milk sales are illegal, however herd share agreements are allowed.
MinnesotaMinnesota Statues, Chapter 32D. Dairy Law, Processing and Manufacturing Requirements, 32D.20 Limitation on SaleSales of raw milk, cream, and skim milk are only legal if "occasionally secured or purchased for personal use by a consumer" at the farm or dairy.
MississippiMississippi Code, Title 75. Regulation of Trade, Commerce and Investments, Chapter 31. Milk and Milk Products, Article 1. General Provisions, §75-31-65)Sales of raw goat milk are legal if they are "incidental," sold directly to the customer on the farm or dairy, there are no more than nine milk-producing goats on premises, the milk is not advertised for sale. The milking area must be clean, have a cement or comparable floor, be enclosed by a wall or screen that prevents insects from entering, have a fly strap, and use sterile containers.
MissouriMissouri Statutes, Title XII Public Health and Welfare, Chapter 196 Food, Drugs and Tobacco, Fluid Milk and Fluid Milk Products, 196.935 State Milk Inspection Required on All Graded Fluid Milk or Milk Products — Pasteurization Required, Exception

Missouri Regulations, Title 2 Department of Agriculture, Division 80 State Milk Board, Chapter 3 Production and Distribution of Grade "A" Retail Raw Milk and Milk Products & Chapter 4 Grade "A" Raw Milk for Pasteurization and Grade "A" Milk or Milk Products from Points Beyond the Limits of Routine Inspection
Sales of raw milk are legal as long as the farmer has a permit.
MontanaSB199Raw milk sales are legal from small dairies as a "homemade food" if the consumer is informed that the milk "has not been licensed, permitted, certified, packaged, labeled, or inspected per any
official regulations."
NebraskaNebraska Statutes, Chapter 02 – Agriculture, 2-3969 Sale of Milk and Milk Products; Conditions.Sales of raw milk and cream are legal if sold directly from farmer to consumer.
NevadaNevada Administrative Code, Chapter 584 – Dairy Products and Substitutes, Raw Milk, 2031 Permit to Produce Certified Raw MilkSales of raw milk are legal. However, the county milk commission must approve the producer. Only one county has a milk commission and it has not approved any producer.
New HampshireNew Hampshire Statutes Title XIV Milk and Milk Products, Chapter 184 Inspection and Sale of Dairy Products, Milk for Drinking, Section, 184:30-A Pasteurization Required.Raw milk sales are legal.
New JerseyNew Jersey Statutes, Title 24 Food and Drugs, 10-57.17. Pasteurization RequiredRaw milk sales are illegal.
New MexicoTitle 21 Agriculture and Ranching, Chapter 34 Dairy and Egg Producers, Part 2 Retail Sale of Raw MilkSales of raw milk are legal with a permit.
New YorkNew York Codes, Rules and Regulations, Title 1 – Department of Agriculture and Markets, Chapter I - Milk Control, Subchapter A - Dairy Products (Article 4, Agriculture and Markets Law), Part 2 – Requirements for the Production, Processing, Manufacturing and Distribution of Milk and Milk Products, Section 2.3 – General Permits; Permit to Sell Raw Milk; Permit to Ship into the State; Permit to Produce MilkSales of raw milk are legal on licensed farms directly to consumers
North CarolinaNorth Carolina General Statutes, Chapter 106 Agriculture, Article 28C - Grade "A" Milk Sanitation., § 106-266.35. Sale or dispensing of milk.Raw milk sales are illegal.
North DakotaNorth Dakota Century Code, Chapter 4.1 Dairy Product Regulation, 25-40. Shared Animal Ownership Agreement - Raw MilkRaw milk sales are illegal. Herdshares are legal
OhioOhio Code, Title 9 Agriculture-Animals-Fences, Chapter 917 Dairy Products, Section 917.04 | Sales of and Labeling for Raw MilkRaw milk sales are technically legal. However, the law requires that vendors have been continuously selling raw milk since before October 31, 1965, and no vendors in the state meet that requirement, according to the National Council of State Legislatures..
Oklahoma2021 Oklahoma Statutes, Title 2. Agriculture, §2-7-414. Construction of Act.Sales of raw milk are legal on the farm.
OregonOregon Statutes, Title 49. Food and Other Commodities; Purity, Sanitation, Grades, Standards, Labels, Weights and Measures, Chapter 621 Milk; Dairy Products; Substitutes, 012 Exception for Small-Scale On-Farm Sales.Sales of raw milk are legal on small-scale farms.
PennsylvaniaPennsylvania Code, Title 7 Agriculture, Chapter 59a. Milk Sanitation, Subchapter F. Raw Milk for Human ConsumptionSales of raw milk are legal with a permit.
Rhode IslandState of Rhode Island General Laws, Title 21 Food and Drugs, Chapter 2 Milk Sanitation Code, § 21-2-2. Declaration of policy.Raw milk sales are illegal unless a person has a written and signed prescription from a doctor for raw goat milk.
South CarolinaSouth Carolina Regulations, Chapter 61 Department of Health and Environmental Control, 61–34. Raw Milk for Human Consumption.Sales of raw milk are legal with a permit.
South DakotaSouth Dakota Codes, Title 39 Food and Drugs, Chapter 39–6 Milk and Milk Product Grades and Standards, 39-6-3. Sale of Raw Milk at Place Where Milk Produced PermittedSales of raw milk are legal with a license.
TennesseeTennessee Code , Title 53 Food, Drugs And Cosmetics, Chapter 3 Dairy Law of the State of Tennessee, Part 1 General Provisions, 119. Use of Milk from Hoofed Mammal for Owner’s Personal Consumption or Use — Safe Milk-Handling Course — Cooperative Agricultural Extension Funding — Records — Penalty.Raw milk sales are illegal, but farmers may use raw milk for personal consumption.
TexasTexas Administrative Code, Title 25 Health Services, Part 1 Department of State Health Services, Chapter 217 Milk and Dairy, Subchapter B Grade A Raw Milk and Raw Milk Products, Rule §217.31 Selling of Raw Milk to the ConsumerSales of raw milk are legal with a permit and only on the farm directly to the consumer.
UtahUtah Code, Title 4 Utah Agricultural Code, Chapter 3 Utah Dairy Act, Part 5 Special Programs, Section 502 Exemption

Utah Code, Title 4 Utah Agricultural Code, Chapter 3 Utah Dairy Act, Part 5 Special Programs, Section 501 Cow Share Program Notification
Sales of raw milk are legal with a permit and only on the farm directly to the consumer who may not resell the milk. Cow shares are legal.
VermontVermont Statutes, Title 6: Agriculture, Chapter 152: Sale of Unpasteurized (Raw) MilkSales of raw milk are legal on the farm and at farmers' markets and by CSA (Community-Supported Agriculture) organizations.
VirginiaVirginia Administrative Code, Title 2. Agriculture, Agency 5. Department of Agriculture And Consumer Services, Chapter 490. Regulations Governing Grade "A" Milk, 2VAC5-490-5. Grade "A" Pasteurized Milk Ordinance.Raw milk sales are illegal.
WashingtonTitle 15: Agriculture and Marketing, Chapter 15.36: Milk and Milk Products, Section 15.36.012: Definitions, Findings—2006 c 157Sales of raw milk and cowshares are legal.
West VirginiaWest Virginia Code, Chapter 19. Agriculture., Article 1. Department of Agriculture., 19-1-7. Shared Animal Ownership Agreement to Consume Raw MilkSales of raw milk via cowshares are legal.
WisconsinState of Wisconsin, Department of Agriculture, Trade and Consumer Protection, Raw MilkRaw milk sales are illegal. Bona-fide owners and employees of the dairy farm may obtain and consume raw milk from the dairy farm.
WyomingWyoming Department of Agriculture, Wyoming Food Rule, Chapter 3 -Food CareRaw milk sales illegal. Those who own dairy animals, their families, employees, and non-paying guests may consume raw milk from the farm.

Additional Source

National Conference of State Legislatures, “State Milk Laws,”, Aug. 29, 2016