Summary of Raw Milk Statutes and Administrative Codes, Page 1

An Overview of U.S. State Milk Laws

Compiled by Pete Kennedy, Esq.
As of December 1, 2004

In 1924, the United States Public Health Service (USPHS), a branch of the Food and Drug Administration, developed the Standard Milk Ordinance, known today as the Pasteurized Milk Ordinance (PMO). This is a model regulation helping states and municipalities have an effective program to prevent milk borne disease. The PMO contains provisions governing the production, processing, packaging and sale of Grade “A” milk and milk products. It is the basic standard used in the Voluntary Cooperative State -USPHS/FDA Program for the Certification of Interstate Milk Shippers, a program all 50 states, the District of Columbia and U. S. Territories participate in.

Forty-six of the 50 have adopted most or all of the PMO for their own milk safety laws with those states not adopting it passing laws that are similar. California, Pennsylvania, New York and Maryland have not adopted the PMO.

Section 9 of the PMO states in part that, “only Grade “A” pasteurized, ultra-pasteurized or aseptically processed milk and milk products shall be sold to the final consumer, to restaurants, soda fountains, grocery stores or similar establishments.” In spite of 46 states adopting the PMO, it is at least technically possible at the present time to legally sell or distribute raw milk for human consumption in 32 states.

States legalizing raw milk sales or distribution have done so through:

  1. Statute. Any state statute conflicting with Section 9 of the PMO overrides it.
  2. Administrative rule or regulation. Any state regulation conflicting with Section 9 of the PMO overrides it.
  3. Policy. This would include cowshare programs in states where even though there is a prohibition on the sale of raw milk, state regulatory agencies have made a policy decision not to shut down cowshare programs they know of that comply with state guidelines. State policy sometimes does conflict with and override state statutes, administrative rules or other written guidelines in the regulation of milk and milk products.

Raw milk sales for animal consumption are at least potentially legal in all states but one under commercial feed licensing laws. Except for Michigan, not a single state law expressly prohibits the sale of raw milk for animal consumption. The variables are the states’ willingness to grant licenses to producers of raw milk for animal feed and how strictly state agencies would monitor licensees to make sure that raw milk sales did only go for animal consumption. The PMO regulations do not apply to the sale of raw milk for animal feed.

Many states permitting the sale of raw milk for human consumption prohibit the sale of most or all raw milk products. With yogurt providing the highest profit margins of any raw dairy product, the benefits to farmers of expanding state legalization of raw milk to include raw milk products are obvious. Butter and cheese fall outside the PMO’s definition of milk products. They are manufactured milk products, not Grade “A” milk products, and are generally regulated under a state’s dairy manufacturing laws. Farmers can typically sell raw cheese (at least raw cheese produced according to federal guidelines) if they have obtained a manufacturing plant license.

The state milk law summaries are based on research of the state statutory and administrative codes and conversations with farmers and state dairy officials. Any corrections are welcome.

Source:Grade “A” Pasteurized Milk Ordinance, 2003 Revision.

Quick Links to States & District of Columbia:

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ALABAMA

Summary

Raw milk sales for human consumption are illegal. Raw milk sales for animal consumption are legal if the farmer has obtained a commercial feed license. There are currently no raw milk producers in the state with a commercial feed license.

Alabama Administrative Code

Alabama State Board of Health, Alabama Department of Health Administrative Code Chapter 420-3-16 Production Processing, Handling or Distribution of Milk, Milk Products, and Frozen Desserts:

“only Grade A pasteurized, ultra-pasteurized or aseptically processed milk and milk products and approved frozen desserts shall be sold to the final consumer, or to restaurants, soda fountains, grocery stores, or similar establishments.”

ALASKA

Summary

Alaska has banned the sale of raw milk for human consumption. The ban does “not apply to a person who owns a cow, goat or sheep and uses the milk from the animal for that person’s personal use. “With this exception, not limited to farmers or those who live on farms, cow-share programs and any kind of boarding agreement are legal. Raw milk sales for animal consumption are legal.

Alaska Administrative Code
TITLE 18. ENVIRONMENTAL CONSERVATION.
CHAPTER 32. MILK AND ANIMAL PRODUCTS PROCESSING.
ARTICLE 1. MILK AND MILK PRODUCTS.

18 AAC 32.060. RAW MILK AND RAW MILK PRODUCTS.

Except as provided in 18 AAC 32.010(c), a milk producer may not allow raw milk or a raw milk product, including cream from raw milk, to be removed from the diary farm unless

(1) the product is being transported directly to a milk processing plant with a permit issued under 18 AAC 32.030 or by another state; or

(2) the product has been decharacterized with an approved denaturant and labeled “FOR ANIMAL FOOD NOT FOR HUMAN CONSUMPTION” in letters at least three inches high on each container; for purposes of this paragraph, “approved denaturant” means:

(A) finely powdered charcoal;
(B) FD & C Blue No. 1, FD, & C Blue No. 2, Ultramarine Blue; or
(C) FD & C Green No. 3, FD & C Red. No. 3, or FD & C Red No. 40.

18 AAC 32.010. PURPOSE AND APPLICABILITY OF 18 AAC 32.010 – 18 AAC 32.060

(c) The provisions of 18 AAC 32.010 and 18 AAC 32.060 do not apply to a person who owns a cow, goat, or sheep and uses the milk from the animal for that person’s personal use.

ARIZONA

Summary:

Arizona permits the sale of raw milk and raw milk products as long as they carry the required warning label. Their sale can take place on the farm and in grocery stores. Farmers selling raw milk and cream must obtain a producer-distributor license. Selling other raw dairy products requires obtaining a producer-manufacturer license in addition. There must be state approved bottling equipment on the farm. There are currently two licensed farms selling raw milk and raw milk products in the state.

Arizona Statutes
TITLE 3 AGRICULTURE
CHAPTER 4 DAIRIES AND DAIRYING
ARTICLE 1. GENERAL PROVISIONS

3-601. Definitions
10. “Manufactured milk products” includes:

(a) Butter.
(b) Natural or processed cheese.
(c) Manufacturing milk or manufacturing cream.
(d) Dried, frozen, evaporated, stabilized or condensed milk products.
(e) Frozen desserts.
(f) Dry whey.
(g) Dry buttermilk.

19. “Producer-distributor” means a producer of milk handling his own product exclusively and distributing it as milk.

20. “Producer-manufacturer” means a producer of milk handling his own product exclusively, and manufacturing milk products therefrom and distributing the products.

3-607. Annual licenses; revocation; fees

A. No person shall operate a milk distributing plant or a manufacturing milk processing plant, engage in the business of producer-distributor or producer-manufacturer, or engage in the business of selling at wholesale milk or dairy products, or both, without a license.

3-606. Sale of milk, milk products, raw milk and raw milk products; regulation

A. All milk and milk products, including cottage cheese, as defined in the federal milk ordinance, sold to the final consumer, restaurants, soda fountains, grocery stores or similar establishments shall be Grade A pasteurized or certified pasteurized milk and milk products. No other milk or milk products may be sold to the final consumer, restaurants, soda fountains, grocery stores or similar establishments except:

1. Grade A raw or certified raw milk and cream only when produced and bottled or produced, manufactured and placed in containers for final sale within this state.

2. Cottage cheese, buttermilk, butter, kefir and other cheeses made from Grade A raw or certified raw milk.

3. Manufactured milk products made from manufacturing milk.

B. Any raw milk, raw cream or raw milk products authorized under subsection A shall meet the same health and sanitation standards provided for in this chapter for similar Grade A pasteurized milk and milk products.

C. Raw milk or cream or cottage cheese, butter, buttermilk, kefir or cheeses made from raw milk or cream shall be displayed for sale separately from and shall not be commingled with pasteurized dairy products. The display shall be prominently marked “raw milk” or “raw milk products”. The principal display panel of the label on a raw milk product shall prominently state “raw milk product”. The principal display panel of the label on raw milk shall prominently state “raw milk: not pasteurized and may contain organisms injurious to your health.” In each case the label statement shall appear in conspicuous and easily legible bold-faced print or type in distinct contrast to other matter on the package. The label statement shall appear as a distinct item on the principal display panel, shall be separated by a space at least equal to the height of the lettering used in the statement from other printed label information appearing above or below the statement and by a space at least equal to twice the width of the letter “N” of the type style used in the statement from other printed label information appearing to the left or right of the statement. The statement shall be in letters in a type size established in relationship to the area of the principal display panel of the package and shall be uniform for all packages of substantially the same size by complying with the following type specifications:

  1. Not less than one-eighth inch in height on packages the principal display panel of which has an area of twenty-five square inches or less.
  2. Not less than three-sixteenths inch in height on packages the principal display panel of which has an area of more than twenty-five but not more than one hundred square inches.
  3. Not less than one-fourth inch in height on packages the principal display panel of which has an area of more than one hundred square inches but not more than four hundred square inches.
  4. Not less than one-half inch in height on packages the principal display panel of which has an area of more than four hundred square inches.

D. Raw milk products authorized under the provisions of subsection A may be produced outside this state and sold in this state and may be manufactured and placed in containers for final sale on premises other than those where the milk is produced.

E. Raw milk and raw milk products authorized under subsection A may not be sold or used by restaurants, soda fountains or other similar establishments.

Arizona Administrative Code
TITLE 3. AGRICULTURE
CHAPTER 2. DEPARTMENT OF AGRICULTURE ANIMAL SERVICES DIVISION
ARTICLE 8. DAIRY AND DAIRY PRODUCTS CONTROL

R3-2-805. Grade A Raw Milk For Consumption

C. Grade A raw milk shall be bottled on the farm where it is produced. Bottling and capping shall be done in a sanitary manner on approved equipment. Hand-capping is prohibited. Caps and cap stock shall be kept in sanitary containers until used.

ARKANSAS

Summary:

Raw milk sales in Arkansas are illegal with one exception. Arkansas permits the sale of up to 100 gallons of raw goat milk per month directly to consumers on the farm where the milk is produced.

Arkansas Regulations
ARKANSAS DEPARTMENT OF HEALTH
ARKANSAS STATE BOARD OF HEALTH
RULES AND REGULATIONS PERTAINING TO GRADE “A” MILK AND MILK PRODUCTS

PART I. AUTHORITY.

The following Rules and Regulations for Grade “A” Milk and Milk Products are duly adopted and promulgated by the Arkansas State Board of Health pursuant to the authority expressly conferred by the laws of the State of Arkansas including without limitation Act 96 of 1913 as amended. (Ark. Code Ann. § 20-7-109) and Act 114 of 1941 (Ark. Code Ann. § 20-59-204).

PART II. PURPOSE AND STATEMENT OF POLICY.

The State Board of Health hereby finds and declares that uniform regulation is needed to govern the production, processing, labeling, and distribution of Grade “A” milk and milk products within the State of Arkansas. This regulation relating to Grade “A” milk and milk products shall be applicable throughout the State of Arkansas. No sanitary requirement of standard shall be imposed by a local regulation or ordinance which prohibits the sale of Grade “A” milk or milk products in Arkansas which are produced, processed, or distributed in accordance with the provisions of this regulation and which are under routine supervision of the Arkansas Department of Health. No sanitary requirements or standards contained in this regulation shall prohibit the sale of Grade “A” milk or milk products which are produced or processed under laws or ordinances or regulations of any government units outside the State of Arkansas which are substantially equivalent to the requirements of this regulation, and which are enforced with equal effectiveness in the opinion of the Arkansas State Board of Health, and further provided that said governmental units accepts Arkansas Grade “A” milk and milk products on a reciprocal basis. Except as otherwise provided herein or by law or regulation of the State Board of Health, this regulation shall be interpreted and enforced where applicable in accordance with the administrative procedures contained in the current Grade “A” Pasteurized Milk Ordinance recommendation of the U. S. Public Health Service, a copy of which shall be on file in the office of the Arkansas Milk Program of the Arkansas Department of Health.

Arkansas Code
Title 20. Public Health And Welfare.
Subtitle 4. Food, Drugs, and Cosmetics
Chapter 59. Milk And Dairy Products.
Subchapter 2. Regulation Of Manufacture And Sale Generally

20-59-248. Incidental sales of goat milk not prohibited.

(a) For purposes of this section, “incidental sales of goat milk” are those sales where the average monthly number of gallons sold does not exceed one hundred (100) gallons.

(b) The provisions of this subchapter shall not be construed to prohibit incidental sales of raw goat milk directly to consumers at the farm where the milk is produced or to preclude the advertising of incidental sales of goat milk.

History. Acts 1993, No. 816, § 1.

CALIFORNIA

Summary:

Sales of raw milk and raw milk products are legal both in stores and on the farm. In order for raw milk to be sold legally, it must be ‘market milk. ‘This is milk that meets the standards provided in the Milk and Milk Products Act of 1947.

Under the Act, market milk is graded and designated into three classes:’certified milk,’ ‘guaranteed milk,’ and ‘Grade A milk. ‘Of the three classes, only Grade A raw milk is available for sale today in California. The standards for guaranteed raw milk to be market milk are more stringent than those for Grade A raw milk. While the Milk and Milk Products Act calls for county milk commissions to set the standards for certified raw milk, not a single county milk commission still exists.

Raw milk dairy farmers need market milk permits in order to produce their product. In addition, any person engaged in an aspect of the milk business that falls under the statutory definition of milk products plant must obtain a milk products plant license. There is an exemption from the license requirement, however, for “any producer whose business consists exclusively of producing and distributing raw market milk produced by such producer.”

Raw milk and most raw milk products require warning labels. Municipalities and counties in the state have the power to establish compulsory pasteurization laws but only Humboldt County has done so.

California Code
CALIFORNIA FOOD AND AGRICULTURE CODE
DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947
PART 1. GENERALLY
Chapter 1. Short Title and Definitions

S 32510 Food & Agric.

“‘Market Milk’ means milk which conforms to the standards which are provided in Chapter 2 (commencing with Section 35751), Part 2 of this division, market milk includes components and derivatives of market milk. Market milk may be supplied to the consumer in the fluid state or may also be utilized in the manufacture of milk products.”

CALIFORNIA FOOD AND AGRICULTURE CODE
DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947
PART 2. MILK AND CREAM
Chapter 2. Market Milk and Cream
Article 2. Market Milk Standards and Grades

S 35787 Food & Agric.

Where a milk inspection service has been approved or established pursuant to this code, market milk shall be graded and designated into one of the following classes:

(a)”Certified milk.”
(b)”Guaranteed milk.”
(c)”Grade A milk.”

CALIFORNIA FOOD AND AGRICULTURE CODE
DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947
PART 2. MILK AND CREAM
Chapter 2. Market Milk and Cream
Article 6. Grade A Market Milk

S 35891 Food & Agric.

Grade A raw milk is market milk which conforms to all the following minimum requirements:

(a)The health of the cows and goats shall be determined at least once in two months by an official representative of an approved milk inspection service, or a milk inspection service which is established by the director.
(b)It shall be produced on dairy farms that score not less than 85 percent on the dairy farm scorecard.
(c)It shall be cooled immediately after being drawn from the cow or goat to 50 degrees Fahrenheit or less, and so maintained until delivered to the consumer, at which time it shall contain not more than 15,000 bacteria per milliliter.

CALIFORNIA FOOD AND AGRICULTURE CODE
DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947
PART 2. MILK AND CREAM
Chapter 2. Market Milk and Cream
Article 5. Guaranteed Market Milk

S 35861 Food & Agric.

Guaranteed raw milk is market milk which conforms to all of the following minimum requirements:

(a)The health of the cows and goats shall be determined at least once each month by an official representative of an approved milk inspection service, or a milk inspection service which is established by the director.
(b)It shall be produced on dairy farms which score not less than 90 percent on the dairy farm scorecard.
(c)It shall be bottled on the premises where produced and delivered in containers which have the pouring lip completely protected from contamination.
(d)It shall be cooled immediately after being drawn from the cow or goat to 50 degrees Fahrenheit or less, and so maintained until it is delivered to the consumer, at which time it shall contain not more than 10,000 bacteria per milliliter.
(e)It shall be sold to the consumer within 30 hours after production and labeled to indicate the date of sale to the consumer.

CALIFORNIA FOOD AND AGRICULTURE CODE
DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947
PART 2. MILK AND CREAM
Chapter 2. Market Milk and Cream
Article 7. Certified Milk

S 35921 Food & Agric.

Certified milk is market milk which conforms to the rules, regulations, methods, and standards for the production and distribution of certified milk adopted by the county milk commission established in a county pursuant to this article.

CALIFORNIA FOOD AND AGRICULTURE CODE
DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947
PART 1. GENERALLY
Chapter 4. Inspection Services
Article 7. Permits

S 33222 Food & Agric.

Every person, before engaging in the business of producing market milk, shall obtain a permit from the director or from the approved milk inspection service which is maintained by the county which is designated by the director pursuant to this chapter for each dairy farm.

CALIFORNIA FOOD AND AGRICULTURE CODE
DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947
PART 1. GENERALLY
Chapter 4. Inspection Services
Article 7. Permits

S 33226 Food & Agric.

Every person shall obtain a permit from the director before engaging in the business of processing or distributing market milk. Upon receipt of an application for a permit, the director shall cause an investigation to be made of the milk products plant or place of business from which milk is distributed. If this division and the standards which are established pursuant to the authority which is granted in this division are complied with, a permit shall be issued by the director of the milk products plant or place of business. The permit shall be issued for a period not to exceed one year.

CALIFORNIA FOOD AND AGRICULTURE CODE
DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947
PART 1. GENERALLY
Chapter 1. Short Title and Definitions

S 32513 Food & Agric.

“‘Milk products plant’ means any place in which a person engages in the business of handling, receiving, manufacturing, freezing, processing or packaging milk, or any product of milk.”

CALIFORNIA FOOD AND AGRICULTURE CODE
DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947
PART 1. GENERALLY
Chapter 12. Licenses, Records, and Reports
Article 3. Licensing of Milk Products Plants and Other Places of Business

S 35017 Food & Agric.

This article does not apply to any of the following:

Any producer whose business consists exclusively of producing and distributing raw market milk produced by such producer.

California Code of Regulations
Title 17. Public Health
Division 1. State Department of Health Services
Chapter 5. Sanitation (Environmental)
Subchapter 2. Foods and Drugs
Article 3.7. Raw Milk and Raw Milk Products

S 17:11380. Required Health Warning on Labels of Raw Milk and Raw Milk Products.

(a) Raw Milk and raw milk products shall bear the following warning on the principal display panel or panels of the label:

WARNING

Raw (unpasteurized) milk and raw milk dairy products may contain disease-causing micro-organisms. Persons at highest risk of disease from these organisms include newborns and infants; the elderly; pregnant women; those taking corticosteroids, antibiotics or antacids; and those having chronic illnesses or other conditions that weaken their immunity.

‘Raw milk product’ means any food which contains raw milk, and shall include, but not be limited to, cheese (except when ripened or cured at least 60 days pursuant to sections 37975 and 38001 Food & Agric. of the Food and Agricultural Code), cream, butter and kefir.

California Code
CALIFORNIA FOOD AND AGRICULTURE CODE
DIVISION 15. MILK AND MILK PRODUCTS ACT OF 1947
PART 2. MILK AND CREAM
Chapter 2. Market Milk and Cream
Article 1. General Provisions

S 35756 Food & Agric.

This division, and the regulations of the director are not a limitation on the power of a municipality or county, by ordinance or regulation, to establish compulsory pasteurization of market milk or reasonable higher standards for milk fat and solids-not-fat than those which are established in this division, but such standards shall apply only to market milk after standardization by a milk distributor.

COLORADO

Summary:

The state’s Grade A Pasteurized Milk and Fluid Milk Products Regulations prohibit the sale of raw milk. The regulatory definition of sale does not include cowshare programs. The Board of Health, the rule making body for the Department of Public Health and Environment, voted against a proposed regulation that would have extended the definition of sale to “the sale of undivided shares or interests in a cow or dairy herd.” Even though the state regulations have not codified the exemption of cowshare programs from the definition of sale, the Department of Health won’t regulate cowshare programs as the sale of raw milk as a matter of policy.

Farmers running cowshare programs can only distribute unpasteurized “fluid milk products” legally. Under state regulatory definitions, this would include milk, cream, yogurt, and cottage cheese. This would not include butter and cheese. State regulations define butter and cheese as manufactured milk and dairy products. The state code prohibits any cowshare programs involving manufactured milk and dairy products.

Raw milk sales for animal consumption are legal if the farmer treats the milk with a dye approved by the Department of Public Health and Environment prior to sale.

Colorado Regulations
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
Consumer Protection Division
6 CCR 1010-4
STATE BOARD OF HEALTH
COLORADO GRADE A PASTEURIZED MILK AND FLUID MILK PRODUCTS REGULATIONS

Adoption of United States Public Health Service Ordinance:Applicability of the Grade “A” Pasteurized Milk Ordinance and the prohibition of the sale of raw milk.

The provisions and supplements of the U. S. Department of Health and Human Services, Public Health Service/Food and Drug Administration, Grade “A” Pasteurized Milk Ordinance (PMO), 2003 Revision, including the Grade “A” Condensed and Dry Milk Products and Condensed and Dry Whey – Supplement I to the Grade “A” Pasteurized Milk Ordinance, including supplements, administrative procedures and appendices in effect as of this date, shall apply to regulate dairy sanitation and the labeling and grading of milk pursuant to the provisions of S25-1. 5-104(1)(b)(I), in so far that they are not inconsistent with Colorado statues and regulations except that:

Incorporation by Reference:

These rules incorporate by reference the U. S. Department of Health and Human Services, Public Heatlh Service/Food and Drug Administration Grade “A” Pasteurized Milk Ordinance (PMO) 2003 Revision.

Colorado Regulations

DEPARTMENT OF PUBLIC HEALTH ENVIRONMENT – 1000 SERIES
CONSUMER PROTECTION SECTION (1010)

6 CCR 1010-3 Manufactured Milk and Dairy Products

DAIRY PRODUCTS. – Dairy products also include those dairy foods made by modifying the federally standardized products listed in this Section in accordance with 21 C. F. R. S 133 & 135 (1999).

This definition is intended to include but not limited to ice cream and other desserts, butter, and cheese.

SALE. The sale of undivided shares or interests in a dairy herd is considered to constitute the sale of raw milk, which is prohibited under state law.

CHAPTER 105, COLO. SESS. LAWS OF 2005

THE FIRST REGULAR SESSION OF THE SIXTY-FIFTH GENERAL ASSEMBLY

SENATE BILL 05-055

BY SENATOR(S) Johnson, Isgar, Entz, Hanna, Shaffer, Spence, Teck,
Tupa, Williams, and Windels;

also REPRESENTATIVE(S) Hodge, Larson, Lundberg, Plant, Coleman, Frangas,
Madden, Penry, Schultheis, and Stafford.

AN ACT CONCERNING LIMITED DISTRIBUTION OF RAW MILK TO CONSUMERS WHO HAVE
A CONSENSUAL OR CONTRACTUAL RELATIONSHIP WITH PRODUCERS.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1. Part 1 of article 5.5 of title 25, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:

25-5.5-117. Raw milk. (1) THE ACQUISITION OF RAW MILK FROM COWS OR GOATS BY A CONSUMER FOR USE OR CONSUMPTION BY THE CONSUMER SHALL NOT CONSTITUTE THE SALE OF RAW MILK AND SHALL NOT BE PROHIBITED IF ALL OF THE FOLLOWING CONDITIONS ARE MET:

(a) THE OWNER OF A COW, GOAT, COW SHARES, OR GOAT SHARES SHALL RECEIVE RAW MILK DIRECTLY FROM THE FARM OR DAIRY WHERE THE COW, GOAT, OR DAIRY HERD IS LOCATED AND THE FARM OR DAIRY IS REGISTERED PURSUANT TO SUBSECTION (2) OF THIS SECTION. A PERSON WHO IS THE OWNER OF A COW SHARE OR GOAT SHARE IN A COW, GOAT, OR DAIRY HERD MAY RECEIVE RAW MILK ON BEHALF OF ANOTHER OWNER OF THE SAME COW, GOAT, OR DAIRY HERD. A PERSON WHO IS NOT AN OWNER OF A COW SHARE OR GOAT SHARE IN THE SAME COW, GOAT, OR DAIRY HERD SHALL NOT RECEIVE RAW MILK ON BEHALF OF THE OWNER OF A COW SHARE OR GOAT SHARE.

(b) THE MILK IS OBTAINED PURSUANT TO A COW SHARE OR A GOAT SHARE. A COW SHARE OR A GOAT SHARE IS AN UNDIVIDED INTEREST IN A COW, GOAT, OR HERD OF COWS OR GOATS, CREATED BY A WRITTEN CONTRACTUAL RELATIONSHIP BETWEEN A CONSUMER AND A FARMER THAT INCLUDES A LEGAL BILL OF SALE TO THE CONSUMER FOR AN INTEREST IN THE COW, GOAT, OR DAIRY HERD AND A BOARDING CONTRACT UNDER WHICH THE CONSUMER BOARDS THE COW, GOAT, OR DAIRY HERD IN WHICH THE CONSUMER HAS AN INTEREST WITH THE FARMER FOR CARE AND MILKING, AND UNDER WHICH THE CONSUMER IS ENTITLED TO RECEIVE A SHARE OF MILK FROM THE COW, GOAT, OR DAIRY HERD.

(c) A PROMINENT WARNING STATEMENT THAT THE MILK IS NOT PASTEURIZED IS DELIVERED TO THE CONSUMER WITH THE MILK OR IS DISPLAYED ON A LABEL AFFIXED TO THE MILK CONTAINER; AND

(d) INFORMATION DESCRIBING THE STANDARDS USED BY THE FARM OR DAIRY WITH RESPECT TO HERD HEALTH, AND IN THE PRODUCTION OF MILK FROM THE HERD, IS PROVIDED TO THE CONSUMER BY THE FARMER TOGETHER WITH RESULTS OF TESTS PERFORMED ON THE COWS OR GOATS THAT PRODUCED THE MILK, TESTS PERFORMED ON THE MILK, AND AN EXPLANATION OF THE TESTS AND TEST RESULTS.

(2) REGISTRATION OF A FARM OR DAIRY AS REQUIRED BY PARAGRAPH (a) OF SUBSECTION (1) OF THIS SECTION SHALL BE ACCOMPLISHED BY DELIVERING TO THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT A WRITTEN STATEMENT CONTAINING:

(a) THE NAME OF THE FARMER, FARM, OR DAIRY;

(b) A VALID, CURRENT ADDRESS OF THE FARMER, FARM, OR DAIRY; AND

(c) A STATEMENT THAT RAW MILK IS BEING PRODUCED AT THE FARM OR
DAIRY.

(3) RETAIL SALES OF RAW, UNPASTEURIZED MILK SHALL NOT BE ALLOWED. RESALE OF RAW MILK OBTAINED FROM A COW SHARE OR GOAT SHARE IS STRICTLY PROHIBITED. RAW MILK THAT IS NOT INTENDED FOR PASTEURIZATION SHALL NOT BE SOLD TO, OR OFFERED FOR SALE AT, FARMERS’ MARKETS, EDUCATIONAL INSTITUTIONS, HEALTH CARE FACILITIES, NURSING HOMES, GOVERNMENTAL ORGANIZATIONS, OR ANY FOOD ESTABLISHMENT.

(4) NO PERSON WHO, AS A CONSUMER, OBTAINS RAW MILK IN ACCORDANCE WITH THIS SECTION SHALL BE ENTITLED TO SELL OR REDISTRIBUTE THE MILK.

(5) NO PRODUCER OF RAW MILK SHALL PUBLISH ANY STATEMENT THAT IMPLIES APPROVAL OR ENDORSEMENT BY THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT.

SECTION 2. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.

Approved: April 22, 2005

Capital letters indicate new material added to existing statutes; dashes through words indicate deletions from existing statutes and such material not part of act.

Colorado Revised Statutes
TITLE 25 HEALTH ADMINISTRATION
ARTICLE 1 Administration
PART 1 DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT

114-114-114. Unlawful acts – penalties.

It is unlawful for any person, association, or corporation and the officers thereof:

To sell or offer for sale any raw milk, milk product, or unsanitary dairy product, as defined in section 25-5.5-104, for other than human consumption unless it has first been treated with a dye approved by the department.

CONNECTICUT

Summary:

Raw milk sales are legal on the farm and in retail stores. In order to operate legally farmers must obtain producer permits and raw milk retailer permits from the State Agriculture Commissioner. Additionally, they must obtain a milk dealer license from the public health board of the town or city where their farms are located.

The state Milk Regulation Board has issued a regulation on the quality standards for retail raw milk. The state does not charge any fees for the testing required to ensure the quality of the milk. Notwithstanding the quality standard regulation, towns and cities have the power to ban the sale of retail raw milk. At the present time, only two towns have done so.

Connecticut Statutes
TITLE 22 AGRICULTURE. DOMESTIC ANIMALS
CHAPTER 430 MILK AND MILK PRODUCTS

Sec. 22-172. Registration of producers. Permits. Penalty.

(a) Any person, firm or corporation engaged in the production of milk in Connecticut, which milk or the products thereof are to be used or disposed of elsewhere than on the premises where such milk is to be produced, and any person, firm or corporation engaged in the production of milk outside Connecticut for sale within Connecticut, shall register with the Commissioner of Agriculture in a manner prescribed, and on forms furnished, by the commissioner for such registration. Such registration shall be renewed annually, during the first six months of the calendar year.

(b) Milk shall not be used, sold or disposed of away from the dairy farm located in Connecticut without a permit from the commissioner. Milk shall not be sold directly or indirectly into Connecticut from a dairy farm located outside Connecticut without a permit from the commissioner.

(c) Such permits shall be designated “Dairy Farm or Milk Producer Permit” and may be suspended or revoked by the commissioner for cause

Sec. 22-167. Local regulations for the sale of milk.

No provision of section 22-133 shall affect the authority of any town, city or borough to enact ordinances concerning the sale or distribution, within its limits, of milk which may be detrimental to public health. In any town, city or borough where no local system of milk and cream control is provided for by charter, the local director of health or board of health may present, at a meeting of the electors warned and held for such purpose, proposed rules and regulations concerning the inspection of dairies and the production, care, handling, marketing or sale of milk or cream, the protection of the public from the use of milk or cream which may be detrimental to the public health and the granting of licenses to milk dealers.

Sec. 22-133-113c. Quality standards for retail raw milk

Testing shall be administered in order to determine whether a producer’s retail raw milk meets quality standards as set by the Commissioner. All such testing shall be conducted in accordance with procedures described in the latest edition of Standard Methods for the Examination of Dairy Products, published by the American Public Health Association. Such testing shall demonstrate that a producer’s milk has met the following standards:

(a) Bacteria count. Retail raw milk shall not exceed thirty thousand (30,000) colonies standard plate count’ per milliliter and fifty (50) coliform count per milliliter.

(b) Standard quality. The standard quality of retail raw milk shall comply with the requirements of Sec. 22-152 of the Connecticut General Statutes.

(c) Somatic Cells. The somatic cell count shall be no more than one million per milliliter of retail raw milk.

(d) Sediment. A milk sediment test shall be conducted by a State approved laboratory. Such test results shall comply with the Number 2 USDA sediment standard and shall be reported to the Commissioner.

DELAWARE

Summary:

Raw milk sales are illegal. The state has adopted the 2001 version of the Pasteurized Milk Ordinance in its entirety.

State of Delaware Regulations
Governing the Production and Sale of Milk and Milk Products

These regulations were adopted by Delaware Health and Social Services (DHSS) on _________________________ to become effective on __________________________.

Adoption:  That certain document entitled  “Grade A Pasteurized Milk Ordinance 2001 Revision”, herein included as Section 2, is hereby adopted by reference as the State of Delaware Regulations Governing the Production and Sale of Milk and Milk Products

DISTRICT OF COLUMBIA

Summary:

Raw milk sales are illegal.

District of Columbia Municipal Regulations
Title 25 Food And Food Code
Subtitle C: Food
Chapter 7 Sources, Specifications And Original Containers And Records For Food

700 Sources- Compliance With Food Law
02 Sources-Fluid Milk And Milk Products
702.1 Fluid milk and milk products shall be obtained from sources that comply with Grade A standards specified by the USDA.

710 Specifications For Receiving-Eggs And Milk Products, Pasteurized
710.2 Fluid and dry milk and milk products complying with Grade A standards as specified shall be obtained pasteurized.

FLORIDA

Summary:

Raw milk sales for human consumption are illegal. The Department of Agriculture and Consumer Services interprets the definition of “sell” in the state administrative code to extend the ban on raw milk sales to any cowshare agreements as well.

Department of Agriculture policy permits the sale of raw milk for animal consumption even though there is no state law that covers this issue. The state permits raw milk sales for animal consumption either on the farm or in retail stores. Containers should have a label clearly stating that the raw milk is for animal consumption only.

Florida 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.

(1) Only Grade A pasteurized milk and milk products or certified pasteurized milk shall be sold to the final consumer or to restaurants, soda fountains, grocery stores, or similar establishments.

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(j) “Sold” means a 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 products.

GEORGIA

Summary:

The state has banned the stale of raw milk for human consumption through its interpretation of the Georgia Dairy Act of 1980 and also through its adoption of the 2003 version of the Pasteurized Milk Ordinance.

The sale of raw milk for animal consumption is legal if the distributor is licensed under the commercial feed laws. The Department of Agriculture currently has several distributors of raw goat milk for pet food under license.

Georgia Rules and Regulations
RULES OF GEORGIA DEPARTMENT OF AGRICULTURE MILK AND MILK PRODUCTS
CHAPTER 40-2-1 DEFINITIONS

40-2-1-.01 Definitions.

The following definitions shall apply in the interpretation and enforcement of the Georgia Dairy Act of 1980.

(a) “Raw Milk and Raw Milk Products for Human Consumption.” It shall be unlawful to sell, offer for sale, or otherwise dispense raw or unpasteurized milk, cream, or other milk products except raw milk cheese properly processed and aged according to Federal requirements.

Georgia Code
TITLE 26 FOOD, DRUGS, AND COSMETICS
CHAPTER 2 STANDARDS, LABELING, AND ADULTERATION OF FOOD
ARTICLE 7 MILK AND MILK PRODUCTS

26-2-238. Standards and requirements generally.

The standards and requirements of the May, 2003, Amended Version of the Grade A Pasteurized Milk Ordinance Recommendations of the United States Public Health Service – Food and Drug Administration and supplements thereto, except as otherwise provided in this article, are expressly adopted as the standards and requirements for this state. Future changes in and supplements to said milk ordinance may be adopted by the Commissioner as a part of the standards and requirements for this state.

Pete Kennedy

Pete Kennedy is an attorney from Sarasota, Florida and president of the Farm-to-Consumer Legal Defense Fund (farmtoconsumer.org). He compiled the state milk laws posted at realmilk.com. He advises many farmers and members about legal issues surrounding raw milk.

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5 thoughts on “Summary of Raw Milk Statutes and Administrative Codes, Page 1

  1. Actually, I have a question,

    Is it legal to formulate cosmetic products such as “NATURAL” facial cream, body/hair cleanser, lotion, soaps, etcs. with either raw/fresh cow/goat milk in state of GA?

    I am trying to incorporate the benefits of these wonderful raw/fresh cow/goat milks into my new starting up cosmetic company. Thank you for your help.

    • Yes, you can. The law, in states where applicable, bans the sale of raw milk “for HUMAN CONSUMPTION”. Therefore, using raw milk to formulate cosmetics, etc. is permissible.

  2. Im from florida and just moved to georgia and was a lil confused about the laws. So i cant sell my raw goat milk for pets wothout a liscense for animal feed? Also something called cottage law just passed in florida (thanks to some dear friends) does Georgia have anything simular? The cottage law has been a great way to sell products without a license its like a eat at your own risk kind of thing.

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