State-by-State1 Review of Raw Milk Laws
Please note: every state has very discrete laws and regulations. Read detailed information provided below the map.
- Retail Store Sales Legal
- Farm-to-Consumer Sales Legal2
- Herdshares Legal
- No Law on Herdshares3
- Sale for Pet Food Legal
- Cannot Be Legally Obtained in Any Way
- Other
April 22, 2020
1 Other forms of raw milk distribution may also be allowed in any particular state.
2 Some states further limit the direct-to-consumer sales to on-farm only or other location restriction.
3 There is no law either legalizing or prohibiting herd shares. State is aware herd share programs currently exist and has taken no action to try to stop them.
4 On-the-ground situation may be more restrictive because of agency actions or agency interpretation of statutory language (Nevada and Wisconsin). Please see these states in the chart below for more details.
5 A traditional herd share is not permissible since the farmer must go through state requirements to set up their herd as a security and further comply with the requirements for the sale of a security (Montana). Please see below chart for more details.
The map above indicates the most permissive category for obtaining raw milk in each state. Please see the chart below for a more detailed look at how raw milk can legally be obtained in your state. See the glossary below the chart.
Due mainly to the federal ban on raw milk for human consumption in interstate commerce, the laws are different state to state.
State raw milk laws have been changing in recent years. If you have specific questions, please Contact Us.
If you have questions about the laws applicable to you in your state, you should consult with a licensed attorney. Farm-to-Consumer Legal Defense Fund (FTCLDF) members: you are welcome to contact FTCLDF concerning laws that apply to your farm.
Copyright © 2010-2020 Farm-to-Consumer Legal Defense Fund farmtoconsumer.org. The map is the property of the Farm-to-Consumer Legal Defense Fund. This map may not be reproduced or altered without the express, written permission of FTCLDF and if permission is granted all reproductions must cite FTCLDF as the source of the original material. This map is not intended to be used as or construed as legal advice.
BY STATE – LEGALITY OF RAW MILK SALES/DISTRIBUTION
The below chart complements the interactive Raw Milk Nation Map© above and at farmtoconsumer.org/raw-milk-map
This chart goes into more detail than the map by summarizing the specific laws for each state.
If there is a stated legal limit on the number of lactating animals producing milk, herd size, or the volume of milk sold each month, the chart reflects that.
A couple of states have no law on herd shares, yet selling raw milk in these states is still illegal. A herd share allows people to buy shares of a milking animal or herd and pay the farmer to care for the animals and milk them. As owners of the animals, the shareholders are entitled to the milk from their own animals and are not actually buying the milk.
The sale of raw pet milk is legal in almost every state if the producer has a commercial feed license or its equivalent or has otherwise fulfilled state specific requirements to sell pet food. Most states, however, will not issue commercial feed licenses for the sale of raw pet milk. The chart shows only those states where it is known that raw milk producers have received permits or otherwise are in compliance with the law.
| State | Statute or Regulation | Retail Store Sales Legal | On Farm Sales Legal | Off Farm Sales Legal | Herd Shares Legal | Sale for Pet Food Legal | License Required for Human Consumption Sales | Summary |
|---|---|---|---|---|---|---|---|---|
| Alabama | Ala. Admin. Code r. 420-3-16.12 (only pasteurized milk may be sold) | No | No | No | No law on herd shares | Yes, if producer has obtained a commercial feed license through the Department of Agriculture | N/a | Only Grade A pasteurized milk for human consumption may be sold. |
| Alaska | 18 AAC 32.060; 18 AAC 32.010 | No | No | No | The ban on unpasteurized milk does not apply to people who own a cow, goat, or sheep and use the milk for their personal use. | Yes, but must be denatured or colored and clearly marked for animal consumption only. | N/a | Herd shares are expressly permitted by statute. |
| Arizona | AZ Statutes: 3-601, 606, 607; AZ Admin Code: R3-2-805 | Retail sale only permitted after an involved permitting process. | Yes | Yes | No law on herd shares. The Department of Agriculture takes the position that herd shares are not legal since there is an avenue to sell raw milk. | Yes | Yes, a dairy farm permit is required and the minimum Pasteurized Milk Ordinance standards must be complied with. Cattle must be tested before sales of raw milk for consumption may begin, and annually thereafter. | Raw milk and raw milk products may be sold at retail, but must be shelved separately and clearly labeled as raw milk. Raw milk and raw milk products may not be sold or used by restaurants and similar food service establishments. Animals must be tested periodically for certain infectious diseases, and bottling must occur on the farm where produced. Approved, sanitary equipment and capping stock must be used. |
| Arkansas | Ark. Code Ann. Sec. 20-59-248 | No | Yes | No | No law on herd shares | To be determined | No | On-farm sales of goat and cow raw milk are legal at a volume of less than 500 gallons per month. |
| California | CA Code Div. 15, Pt. 1, Ch. 1: S 32510; S 35787; S 35891; S 35861; S 35921; S 33222; S 33226; S 32513; S 35017; S 17:11380; S 35756 Food and Agriculture | Yes | Yes | Yes | Yes | Yes | Yes | Raw milk is legal for retail sale, but the producer’s facilities must be inspected and a license obtained, if the producer distributes off site. The raw milk is classified according to regulatory standards and must be clearly labeled with a potential health hazards warning. Herd shares are permitted by Department of Agriculture policy only when the milk production complies with the regulations set forth for raw milk retail sales. |
| Colorado | 6 CCR 1010-4; 6 CCR 1010-3; CRS 25-5.5-117 | No | No | No | Yes | Yes, must be dyed in accordance with State Department of Public Health requirements. | Yes | Herd share distribution of raw milk is legal. Producers must be registered with the state, milk must be labeled as unpasteurized with required warning language, and the producer must provide information concerning sanitation and testing of herd cattle to herd share participants. Group pick-up and delivery is allowed among herd share co-owners. Share agreements must be in writing and include a bill of sale and boarding contract. See “Colorado Revised Statutes Title 25. Health Products Control And Safety — Article 5.5. Dairy Products, Imitation Dairy Products, And Frozen Desserts — Part 1. Dairy Products — 25-5.5-117. Raw milk” |
| Connecticut | §22-172; §22-167; §22-133-113c | Yes | Yes | No, with the exception of raw milk cheese, aged over 60 days, and produced by a licensed producer. | Yes | Yes | Yes | Retail sales permitted with a license and subject to inspection of the fluid product, which must pass state or locally adopted inspection standards for maximum bacterial colonies per milliliter. Licensure requirements depend upon farm’s production volume (more or less than 250 pounds of product per day). Herd must be tested annually and milk must be labeled, with prominent warning language. Local health regulations may also apply. Producer must register with the CT Department of Agriculture and obtain a permit to operate. |
| Delaware | Fed. Grade A Pasteurized Milk Ordinance 2001 Revision adopted by reference | No | No | No | No law on herd shares | To be determined | No | Delaware has adopted the Federal regulations regarding milk sales. Sales of all raw dairy is prohibited. |
| District of Columbia | See USDA standards for Grade Milk | No | No | No | No law on herd shares | To be determined | No | Raw milk cannot be legally purchased. DC has adopted USDA standards which require pasteurization of all milk and milk products. |
| Florida | FL Statutes: 502-091; FL Admin. Code: 5D-1.001 | No | No | No | No | Yes | No | Retail sale of raw milk is illegal. “Sale” is defined as the transfer of milk or milk products that involves any direct or indirect form of compensation in exchange for the right to acquire such milk or milk product. |
| Georgia | GA Rules and Regulations.: 40-2-1-.01; GA Code: 26-2-238, 242(a), 249 (12); 40-5-8-.02; 2-13-6 | No | No | No | No, no milk or milk product may be sold, offered for sale, or delivered for the purpose of human consumption if it is not in compliance with state law, which references the USFDA Pasteurized Milk Ordinance. | Yes, a license is required under the commercial feed laws. | No | Sale of raw milk cheese processed according to applicable laws and aged according to federal requirements is legal. |
| Hawaii | HI Admin. Rules: §11-15-46 | No | No | No | No law on herd shares | To be determined | No | There is no law addressing herd shares; however, in 2017 there were several bills presented that did not pass which would have made herd shares expressly legal. |
| Idaho | ID Admin Code: 02.04.13.004; 02.04.13.006; 02.04.13.218 ID Statutes: 37, Ch. 11. | Yes, registration requirement with the State. | Yes, Small Herd Raw Milk Permit required. | Yes, if labeling requirements are met | Yes. The herd share arrangement must be registered with the state, and the milk must be received on the farm, only by the share owner. The herd share must be evidenced by a written bill of sale, with boarding terms satisfactory to the state. The dairy must provide information concerning health practices and herds must be tested every 4 to 6 months. See “Idaho Statutes — Title 37 – Food, Drugs, and Oil — Chapter 11 – Acquisition of Raw Milk” | Yes | Raw milk for retail producers must meet Federal Pasteurized Milk Ordinance unless they are registered as a small herd producer or they have registered a herd share arrangement with the state. | Retail sales are legal so long as producer has a state permit and processes the milk on the premises where produced, in accordance with state approved equipment in which bottling and capping are integral in one system. A “small herd” is defined as no more than 3 cows; no more than 7 sheep; or no more than 7 goats. |
| Illinois | 77 IL Admin Code §775.55/td> | No | Yes | No | Yes | Yes | Dairy farm must have a dairy farm permit and a distribution point permit. | Retail sales of milk and cream only are legal only on the farm where the milk is produced; all dairy facilities must maintain a state permit. Warning signage must be prominently posted at the point of farm sales. In addition, the farmer must maintain transaction records and a recall procedure in the event of raw milk related illness. |
| Indiana | IN Code: 15-2. 1-23-8; 15-18-1-21(a); 15-19-7-40 | No | No | No | No law on herd shares | Yes, per Indiana Commercial Feed Law. Requires a “not for human consumption” label. Per Indiana Board of Animal Health guidance, raw milk for animals can only be purchased from the farm in bulk. | No | Per Indiana statutes, milk and milk products must all be pasteurized except for raw milk cheese aged more than 60 days. |
| Iowa | IA Code Title V Ch. 192: 192.103 | No | No | No | No law on herd shares | To be determined | No | Only Grade A pasteurized milk and milk products may be sold to the final consumer. |
| Kansas | KS Statutes: Ch. 65, Art. 7: 65-784; 65-789; 65-771(cc); 65-778 | No | Yes, includes butter, cream, and milk | No | No law on herd shares | Yes | No | On-farm retail sales are permitted, but producer may not advertise to the public except for on-site signage which clearly indicates that the milk sold is raw. Containers must also be clearly labeled as raw. |
| Kentucky | KRS Sec. 217C.090 permits the secretary to issue regulations allowing sale, by doctors note, of raw goat milk. 902 KY Admin regs. 50:120 Raw goat milk must have a permit from the cabinet, and inspection is required; record keeping requirement; on farm sales only | No | Yes, goat milk only with doctor’s prescription | No | No law on herd shares | Yes | N/a | On farm sales of raw goat milk are legal, if the dairy has a permit, and if the purchaser has a written recommendation from a physician. The farmer must maintain records concerning physician recommendations and the volume of goat milk sold under those conditions. |
| Louisiana | LA Rev. Stats. Title 40, Ch. 4 Pt. VII, Subpart B: 40-922; Title 51, Part VII, Ch. 9: 51:VII.919; 51:VII.103 | No | No | No | No law on herd shares | No | N/a | Only Grade A pasteurized milk is allowed to be sold. |
| Maine | ME Rev. Stat. Title 7, Pt. 7, Ch. 601: 7 M. R. S. A. §2910; 7 M.R.S.A. §2902-B; Title 22, Subtitle 2, Pt. 5, Ch. 562: 22 M.R.S.A. §2491 | Yes | Yes | Yes | No law on herd shares | Yes | Yes | Retail sale of raw milk and milk products is legal, but the products must be labeled as not pasteurized. Licenses are required for milk distributors (defined as any person who offers for sale or sells to another any milk or milk products in its final form), and permits are required for milk producers (defined as any person who operates a dairy farm and provides, sells, or offers milk or milk product(s) for sale). |
| Maryland | MD Code: Title 21, Subtitle 4, Pt. IV: §21-434; Pt. I: §21-401 | No | No | No | No. Code of Maryland Regulations 10.15.06.02(B)(29) prohibits the sale of raw milk and defines sale to include the “right to acquire milk and milk products…through…an agistment agreement which is the sale of shares or interest in a cow…” |
Yes | N/a | Selling raw milk for human consumption is illegal. “Sale” includes the right to acquire milk and milk products. |
| Massachusetts | Gen. Laws of MA: Pt. 1, Title XV, Ch. 94: G.L. c 94, §12, §13, §16J, §40; Code of MA Regs: 330 CMR 27.00; 330 CMR 27.07 Sanitation requirements for Grade “A” Raw milk | No | Yes | No | No | Yes | Yes, must have a certificate of registration which requires inspection and other requirements as laid out in the regulations. | Grade A raw milk is allowed to be sold for retail, which is regulated by the state and needs to comply with numerous provisions. “Retail” means farm-to-consumer, on farm sales only. There is policy interpretation 2010-1 which interprets herd shares or cow shares to be sales of milk and therefore they are only permitted if the producer holds a certificate of registration. This letter is dated November 15, 2010. |
| Michigan | Herdshares are permitted by Department Policy by way of a document titled: MDARD Policy # 1.40, dated 3/12/2013 Regarding Fresh Unprocessed Whole Milk. | No | No | No | Yes, for milk and cream only. | Yes | No | Herd shares require: Signed and dated written contract; workable means of communication; that milk is from single farm; that fresh milk is intended for human consumption and not for sale or resale; and that milk cannot be distributed from a licensed food establishment. Dairy products are not permitted under MDARD policy. |
| Minnesota | Minn. Stat. Ann. Sec. 32D.20 | No | Yes | No | No law on herd shares | Yes | No | Pasteurization requirement does not apply to milk, cream or skim milk occasionally secured or purchased for personal use by a consumer at the place or farm where the milk is produced. |
| Mississippi | MS Code Title 75, Ch 31, Art. 1: §75-31-65 | No | Yes, but limited to goat milk | No | No law on herd shares | To be determined | No | On farm sales are allowed, but they are limited to incidental sales of goat milk only. “Incidental” is defined as no more than 10 goats on farm and 9 producing at one time. Producer may not advertise and sanitary standards, as described per statute, are observed. |
| Missouri | MO Stat: Title XII, Ch. 196: 196.935; MO Regs. Title 2, Div. 80, Ch. 3: 2 CSR 80-3.030,-3.040, -3.070 | No | Yes | Yes | No law on herd shares | Yes | Yes | By Milk Board policy, both on farm and off farm sales are permitted for raw milk to the end consumer. A producer may only sell at a farm stand or other limited retail type establishment if they comply with state requirements under the Retail Raw Milk Permit. This permit is still limited to farm-to-consumer sales (no grocery store, restaurants, etc.) |
| Montana | MT Admin Rules Title 32, Ch. 8, Sub-Chapter 1; 32.8.102; 32.8.103 | No | No | No | Herdshares may be permitted only with state agency exemption. Please contact FTCLDF. | To be determined | No | Raw milk is banned for retail sale and cannot be legally purchased. Statute provides that no retail raw milk dairies will be licensed to sell Grade A raw milk for public consumption. |
| Nebraska | Nebraska Revised Statutes Ch. 2, Art. 39 | No | Yes | No | No law on herd shares | To be determined | No | Milk and cream produced by farmers exclusively for sale at the farm and sold directly to consumers for consumption and not for resale is exempt from the Nebraska Milk Act. |
| Nevada | NV Admin Code Ch. 584: NAC 584.2031; NV Statutes Title 51, Ch. 584: NRS 584.205 & 207 | Yes | Yes | Yes | No law on herd shares | To be determined | Yes, per county milk commission. | Raw milk sales are legal in Nevada, but only dairies that have been certified by a county milk commission and have otherwise met statutory requirements may obtain a license to sell raw milk. Only one county has a milk commission currently, and there are no dairies licensed to sell raw milk in that county. |
| New Hampshire | NH Statutes Title XIV, Ch. 184: 184:30-a, 79, 84; Code of NH Rules Ch. He-P 2300, Pt. He-P 2303: He-P 2303.01 | Yes | Yes, if direct to consumer | Yes, if direct to consumer, or served at a boarding house where signage clearly indicates that raw milk is served. | No law on herd shares | To be determined | Yes, except for on-farm or farm market producers/sellers who sell less than an average of 20 quarts per day. | Sales of raw milk or cream from the producer, store, or milk pasteurization plant to the final consumer or milk or cream from a producer to stores is allowed. It is also permitted to sell raw milk cheese aged a minimum of 60 days above 35 degrees F and labeled as unpasteurized. Also permitted are the direct sales of raw milk yogurt if clearly labeled. |
| New Jersey | NJ Statutes Title 24, Subtitle 1, Ch. 10, Art. 6: 24:10-57.17 | No | No | No | No | No | N/a | Statute clearly prohibits any sale or distribution of raw milk to ultimate consumers. |
| New Mexico | NM Statutes Section 25-8-1; NM Regs. Title 21, Ch. 34, Pt. 2: 21.34.2.9, 2.12 NMAC | Yes | Yes | Yes | No law on herd shares | Yes | Yes, if producer/seller wants to use “Grade A” designation. | Raw milk retail sales of “Grade A” designated milk and milk products are permitted, and the producer must obtain a state permit in order to advertise or label milk as “Grade A.” Raw milk offered for retail sale must be clearly labeled with a health risk warning, as provided in the statute. On-farm sale of raw milk is also allowed. State regulations require testing of all cows before production of milk and every 12 months thereafter. Milk must be bottled at the farm. Raw milk must be displayed separately from pasteurized milk products. |
| New York | NY Codes, Rules & Regs. Title 1 Ch. 1 Subch. A Pt. 2: 1 NYCRR 2.3 | No | Yes, with a permit | No | Yes, with a permit | Yes | Yes | Direct to consumer, on farm sales of raw milk are allowed if the producer/seller has obtained a state license and if milk is bottled in accordance with statutory requirements and appropriate signage is posted on the point of sale. Currently permits are only issued for sale of fluid raw milk. State law requires a permit for raw milk sellers or those who “otherwise make raw milk available for consumption by consumers.” Thus herd shares would appear to be included in license/permit requirements. |
| North Carolina | NC Gen. Statutes Ch. 130A, Art. 8, Pt. 9: 130A-279; NC Admin Code Title 15A, Ch. 18, Subch. 18A, §1200: T15A-C18-S18A.1210; NCAC 09G.2010 | No | No | No | Yes | Yes (see North Carolina General Statutes 130A-279) | No | All forms of distribution of raw milk for human consumption are prohibited. Herd shares are expressly permitted. Distribution for animal feed must be conducted in accordance with state and federal regulations. |
| North Dakota | Currently: ND Statutes: Title 4.1, Ch. 4.1-25; Title 33, Art.33-33, Ch. 33-33-04: 33-33-04-12 | No | No | No | Yes, see ND Century Code Section 4.1-25-40 | To be determined | No | Sale of raw milk is not permitted. Distribution by shared animal arrangement is expressly allowed by statute. |
| Ohio | ORC Title IX, Ch. 917: §§917.02, 04, 09 | No | No | No | Yes | To be determined | No | Raw milk sales are illegal in Ohio, but there is a grandfather provision for those engaged in the continuous sale of retail raw milk since 1965. There are no longer any raw milk producers meeting this criterion in Ohio. Herd share arrangements have been allowed pursuant to court ruling. Schmitmeyer v. Oh. Dept. of Agriculture, Darke County Ct. Comm. Pls. No. 06-CV-63277 (Dec. 29, 2006). |
| Oklahoma | OK Statutes Title 2, Ch. 1, Art 7: §2-7-406; §2-7-414; 2-7-408; 2-7-403; §2-7-417 | No | Yes | No | No law on herd shares | Yes | No | Incidental raw milk sales on the farm and direct to consumers are permitted without a license. Incidental sales are not defined for cow milk, but are defined for goat milk as no more than 100 gallons sold per month. |
| Oregon | OR Statutes Title 49, Ch. 621: 621.012, .116, .003, .072, .076 | Goat and sheep milk only. | Yes | No | No law on herd shares | Yes | No to small herd, on-farm, direct-to-consumer milk sales. Yes to retail store sales of goat or sheep milk. | On farm sales of raw cow, sheep, or goat milk are permitted, so long as the milk is bottled on premises and the producer maintains a limited group of producing animals on premises: not more than 3 cows, 9 sheep, or 9 goats, max. Raw goat or sheep cheese is permitted to be sold in retail stores if it has been aged for at least 60 days, and raw fluid goat and sheep milk may be sold in retail stores if the producer has obtained a license and the milk is bottled on premises. |
| Pennsylvania | PA Statutes Title 31, Ch. 13: 31 P.S. §646; PA Code of Regs. Title 7, Pt. III, Subpt. B, Ch. 61, Subch. C: 7 Pa. Code §59.302, .773; §59a.401-416; 007 Pa. Code §7.24; §9.34 | Yes | Yes | Yes | No law on herd shares | Yes, mentioned along with milk for human consumption, and milk must be from a tested, disease-free herd. | Yes | Retail sales of raw fluid milk and of cheese are allowed so long as the producer has obtained a state permit and the milk and cheese production conform to state sanitary standards. End consumers who purchase raw milk on the farm may use their own containers. Otherwise, containers for raw milk must be labeled in accordance with state requirements. Milk bottled for retail re-sale must be bottled and capped by mechanical means. The state may exempt producers with only one cow from the statutory requirements. |
| Rhode Island | RI Regs. See 2001 Pasteurized Milk Ordinance; RI Gen. Laws: Title 21, Ch. 2: §21-2-2, et seq. | No | Yes, goat milk only with prescription | Yes, goat milk only with prescription | No law on herd shares | To be determined | Yes, with restrictions | Sales of fluid raw milk and raw milk products (with the exception of licensed raw milk cheese) are generally illegal, except that a person may purchase raw goat milk pursuant to a physician’s prescription. |
| South Carolina | SC Regs.Ch. 61: 61-34 §§ 1, 3, 9; 61-25 Ch. 1 Defs. P26 | Yes | Yes | Yes | No law on herd shares | Yes | Yes | Raw milk sales are legal in retail establishments, so long as the producer/distributor has a state permit. Raw milk is subject to the same requirements and standards as pasteurized milk, including facilities inspection and herd testing. |
| South Dakota | SD Admin Rules Title 12, Art. 12:05, Ch. 12:05:14: 12:05:14:01; SD Statutes Title 39, Ch. 39-6: 39-6-3; Title 40, Ch. 40-32: 40-32-2; 40-32-4 | No | Yes | Yes, if by delivery from the farm on which the milk was produced | No law on herd shares | Yes | Yes | On farm and delivery direct from the farm sales are legal, if the producer has first completed an educational course and obtained a state license. Raw milk containers must be clearly labeled by the producer as raw milk. In addition, producer/sellers must maintain purchaser records for a minimum of 90 days. |
| Tennessee | Tenn. Code Ann. 53-3-119; Attorney General opinion No. 12-04 (on butter and value added products) | No | No | No | Yes, by statute | Yes | No | Direct sales are allowed for pet consumption only. Must be labeled as pet food. Herd shares are allowed by statute. Value added products are allowed along with the herd share. |
| Texas | Texas Administrative Code: Title 25, Section 217.32 | No | Yes | No | No law on herd shares | To be determined | Yes | Direct to consumer on-farm sales are legal, so long as producer/seller has a state permit and otherwise complies with state requirements for Grade A raw milk for retail sale. |
| Utah | UT Statutes Title 4, Ch. 3: 4-3-14; UT Admin Rules R70-330: R70-330-5; UT Statute 4-3-9.5 | Yes | Yes | Yes | Yes, see Title 4 Utah Agricultural Code / Chapter 3 Utah Dairy Act | Yes, but must be denatured/decharacterized in accordance with state regulations. | Not for those producers who sell direct to consumer, on farm, and less than 120 gallons per month. | Utah does allow sales in retail stores under certain circumstances as well as delivery off the farm by licensed dairies. Raw milk and raw milk products must be labeled as raw, in accordance with state established labeling standards. Raw cheese, processed under statutorily established conditions, may be sold in retail venues as well as on farm. |
| Vermont | VT Statutes Title 6, Pt. 6, Ch. 152, Subch. 1: 6V.S.A. §2672; Subch. 3, Art. 1: 6 V.S.A. §2721, §2723; §2775-2778 | No | Yes | Yes, but only for delivery regarding prepaid advance sales. | No law on herd shares | Yes, but must be denatured/decharacterized in accordance with state regulations. | No license required if producer sells no more than 25 quarts of milk per day | Direct to consumer sales on farm are legal. Off-farm delivery of advance milk orders is also legal for larger volume/delivery (Tier II) producers. Vermont classifies raw milk producers into two tiers: Tier I for those who sell 12.5 gallons per day, and Tier II for those who sell more than 350 gallons each week or who deliver their product. Tier II producers are required to obtain and maintain a state license. All raw milk producers/sellers are required to maintain frozen daily samples of their milk for 2 weeks, are required to maintain a customer contact list and record of transactions, and must label their product. There is a 4 day permitted maximum time between milking and transfer of the milk to the purchaser. |
| Virginia | 2 VAC 5-490-70 through 75 | No | No | No | No law on herd shares | To be determined | No | Sale of raw milk and raw milk products are illegal in Virginia. |
| Washington | Rev. Code of WA Title 15, Ch. 15.36: RCW 15.36.012, .041, .051, .231; Title 16, Ch. 16-101; Ch. 15.37: RCW 15.37.100; WA Admin Code Title 246, Ch. 246-215: WAC 246-215-020 | Yes, for milk and cream and subject to labeling and signage requirements established by state law. | Yes | Yes, but statute provides that raw milk for off site consumption may be sold in retail stores only. | Yes. See Washington State Code — Title 15 — Chapter 15.36 — Section 15.36.012, “Definitions,” — “NOTES, Findings—2006 c 157” |
Yes, and milk must be colored to denote use for animal consumption | Yes, retail raw milk sellers must maintain both a State Milk Producer License and a Milk Processing Plant License. | Raw milk and cream intended for off-site consumption are legal for sale in retail stores. Raw milk and raw milk products are also legal for sale in food service establishments. In the former case, the milk must be plainly labeled in accordance with state standards. In the latter case, the products must be conspicuously labeled and appropriate signage must be posted informing consumers of the raw dairy products. In general, raw milk for sale must meet bacteria counts established in the federal pasteurized milk ordinance. Dairy producers must be licensed and milk must be bottled on site in accordance with process and sanitary standards established by law. Raw milk sold for animal food must meet the same standards as that intended for human consumption and must be colored to distinguish it as intended for animal consumption. |
| West Virginia | WV Code of State Rules Title 64, Series 34, §§64-34-2,3; Title 19, Series 1, §19-1-7 | No | No | No | Yes. Ch. 19. Agriculture, Art. 1. Department of Agriculture, §19-1-7. Shared animal ownership agreement to consume raw milk. | No | Not a license per se, but raw milk herd share producers must register with the state and the subject animals must pass health inspection by state veterinarian. Producers must agree to report “illnesses related to consumption of raw milk.” | Sale of raw milk is illegal in the state. Herd shares are permitted but must be registered and shared herd animals must have tested negative for brucellosis and tuberculosis. |
| Wisconsin | WI Statutes Ch. 97, 97.24; Ch. 551, Subch. II, 21.21, .22. See also opinion/ruling at summary PDF | No | Incidental only. “Incidental” is defined as not in the regular course of business. | No | No | Yes, and milk must be colored to denote use for animal consumption | No | Retail sales of raw milk and raw milk products are prohibited, except for incidental sales of raw milk directly to consumers on the farm on which the milk is produced. In those cases, consumers may use their own containers for transporting the milk off site. Herd shares, as individual interests in the produce of cows (or presumably sheep and/or goats as well) are not allowed. However, dairy farmers may issue ownership interests in the form of shares in the underlying milk production business, so long as the sole purpose is not to distribute raw milk to consumers/shareholders. So long as the shareholder participates in the risk of the business venture, the dairy producer may sell raw milk to those shareholders, and such sales are considered exempt from state regulation and the general prohibition on raw milk sales. |
| Wyoming | WY Regs. Dept. of Ag. WY Food and Safety Ch. 3: AGR-FS §3-8; (g)Food Freedom Act W.S. 1977 Sec. 11-4-103; | No | Yes | Yes, limited to farmers markets | Yes, according to Wyoming Food Safety Rule, Chapter 3 Food Care, Section 8, Fluid Milk and Milk Products | To be determined | No | The Wyoming Food Freedom Act permits producers to sell homemade food or drink for an informed end consumer’s home consumption. Sales under this Act are limited to at a farmers market, at the home, and farm or ranch of the producer. Sales may only be made to an end consumer. The producer shall inform the end consumer that any food product or food sold under this Act is not certified, labeled, licensed, packaged, regulated or inspected. The Act itself does not mention raw milk, but there is an FAQ sheet available on the Wyoming Department of Agriculture website which expressly permits the sale of raw milk or products made from raw milk under the Act. |
April 22, 2020
Copyright © 2010-2020 Farm-to-Consumer Legal Defense Fund www.farmtoconsumer.org. The chart is the property of the Farm-to-Consumer Legal Defense Fund. This chart may not be reproduced or altered without the express, written permission of FTCLDF, and if permission is granted, all reproductions must cite FTCLDF as the source of the original material. This chart is not intended to be used as or construed as legal advice.
GLOSSARY
Consumer – end user of the product
Direct to consumer – producer can sell to the end consumer only
Farmer – maker of product/producer
Herd share – when people buy shares of a milking animal or herd and pay the farmer/producer to care for the animals and milk them
Producer – maker of product/farmer