Summary of Raw Milk Statutes and Administrative Codes, Page 2

An Overview of U.S. State Milk Laws

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

Page 2: Hawaii–Maryland

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HAWAII

Summary:

Raw milk sales are illegal.

Hawaii Administrative Rules
TITLE 11 DEPARTMENT OF HEALTH
CHAPTER 15 MILK

§ 11-15-46 Milk and milk products which may be sold.

Only Grade “A” pasteurized milk and milk products shall be sold to the final consumer, or to restaurants, soda fountains, grocery stores, or similar establishments

IDAHO

Summary:

Raw milk sales are legal on the farm and in retail stores. Farmers must obtain a Grade A Milk License and a Retail Raw Milk license.

There has not been a retail raw milk licensee in the state for the past 15 years. According to the state Department of Agriculture, the biggest reason no one has sold retail raw milk during that time is the requirement that ‘bottling and packaging of retail raw milk and retail raw milk products shall be done on the premises where produced in approved mechanical equipment. ‘Several small farmers have contacted the state about obtaining a raw milk license but the cost of constructing a milk plant has discouraged them from doing so.

There is one cowshare program currently operating in Idaho, with the state Department of Agriculture’s approval. According to the Department, dairy farms running only a cowshare program, and not selling to pasteurization plants would need no license to operate.

Idaho Administrative Code (IDAPA)
IDAPA 02 IDAHO DEPARTMENT OF AGRICULTURE
TITLE 04
CHAPTER 13 02.04.13 RULES OF THE DEPARTMENT OF AGRICULTURE GOVERNING RETAIL RAW MILK

02.04.13.004. DEFINITIONS

11. Milk Plant.

Any place, premises, or establishment where milk or milk products are collected, handled, stored, bottled, or prepared for distribution

Idaho Statutes
TITLE 37 FOOD, DRUGS, AND OIL
CHAPTER 5 INSPECTION AND LICENSING OF DAIRY PRODUCT DEALERS AND ESTABLISHMENTS BABCOCK TESTS

37-503. Licenses – Retail vendor excepted – Fees - Posting – Definitions. -

Every creamery, milk plant, shipping or cream buying station, milk condensing plant, cheese factory, mix making plant, ice cream factory, reprocessing plant, casein plant, powdered milk plant, or factory of milk products, or other person receiving or purchasing milk or cream in bulk other than a retail vendor of milk on the basis of the amount of milk fat therein, shall annually obtain a license therefor.

Idaho Administrative Code (IDAPA)
IDAPA 02IDAHO DEPARTMENT OF AGRICULTURE
TITLE 04
CHAPTER 13 02.04.13 RULES OF THE DEPARTMENT OF AGRICULTURE GOVERNING RETAIL RAW MILK

02.04.13.006. PERMITS.

01. Requirements.

It shall be unlawful for any person who does not possess a permit from the regulatory agency of the State to produce within, process within, bring into, send into, or receive into the State or its jurisdiction, for sale, or to sell, or offer for sale therein, or to have in storage any raw milk or raw milk products defined in these rules; provided, that grocery stores and similar establishments where milk or milk products are sold at retail, but not processed, may be exempt from the requirements of this Section.

IDAPA 02 IDAHO DEPARTMENT OF AGRICULTURE
TITLE 04
CHAPTER 13 02.04.13 RULES OF THE DEPARTMENT OF AGRICULTURE GOVERNING RETAIL RAW MILK

02.04.13.218. BOTTLING AND PACKAGING.

01. Requirements.

Bottling and packaging of retail raw milk and retail raw milk products shall be done on the premises where produced in approved mechanical equipment.

03. Administrative Procedures.

b. All bottling or packaging is done on approved mechanical equipment. The term “approved mechanical equipment” shall not be interpreted to exclude manually operated machinery but is interpreted to exclude methods in which the bottling and capping devices are not integral in one system.

ILLINOIS

Summary:

Raw milk sales are legal on the farm if the farmer complies with the following conditions:

  1. No advertising the sale of raw milk.
  2. Customers must bring their own individual containers. If the farmer uses his own container to bottle the milk, he is operating a “milk plant” according to the Department of Health Regulations, and the milk must be pasteurized. The farmer can only collect the milk in the customer’s container. The farmer cannot process the milk in any way. Sales of raw cream and raw butter are illegal.
  3. The farmer must produce the milk “in accordance with the Department (of Public Health) rules and regulations. “The Department does not apply these rules and regulations, including the permit requirement, to farmers with just a few cows who sell raw milk only on the farm.

Illinois Statutes
CHAPTER 410 PUBLIC HEALTH
ACT 635. Grade A Pasteurized Milk and Milk Products Act.

410 ILCS 635/8

Sec. 8. After the effective date of this Act, no person shall sell or distribute, offer to sell or distribute any milk or milk product for human use or consumption unless such milk or milk product has been pasteurized and has been produced and processed in accordance with rules and regulations promulgated by the Department.

The term “sell or distribute for use or consumption” means to sell or distribute to a person for human use or consumption and not for processing or resale in any form.

The pasteurization requirement of this Section shall not be applicable to milk produced in accordance with Department rules and regulations if sold or distributed on the premises of the dairy farm.

CHAPTER 410 PUBLIC HEALTH
ACT 635. Grade A Pasteurized Milk and Milk Products Act.

410 ILCS 635/5

Sec. 5. After the effective date of this Act, it shall be unlawful for any person to establish, maintain, conduct, or operate a dairy farm, milk plant, receiving station, or transfer station processing milk or milk products, to establish and operate a cleaning and sanitizing facility or milk tank truck, to haul or sample milk, or to act as a certified pasteurizer sealer within this State, or to bring into and distribute from out-of-state milk and milk products without first obtaining a permit therefor from the Department.

INDIANA

Summary:

Raw milk sales for human consumption are illegal. Cowshare programs exist in the state and are legal. Cowshares do not constitute a “sale” under the statutory definition of the word.

Raw milk sales for animal consumption are legal on the farm and in stores if the farmer has obtained a commercial feed license from the state.

Indiana Code
TITLE 15. AGRICULTURE AND ANIMALS
ARTICLE 2. 1. ANIMAL HEALTH

Chapter 23. Milk and Milk Products; Permits; Standards; Inspections

IC 15-2. 1-23-8 Only Grade A pasteurized milk, Grade A pasteurized milk products, and manufacturing grade milk products that meet the requirements of this chapter, including rules adopted under this chapter, may be sold to the final consumer or to restaurants, soda fountains, grocery stores, or similar establishments.

(a) Only Grade A pasteurized milk, Grade A pasteurized milk products, and manufacturing grade milk products that meet the requirements of this chapter, including rules adopted under this chapter, may be sold to the final consumer or to restaurants, soda fountains, grocery stores, or similar establishments.

IOWA

Summary:

Raw milk sales are illegal.

Iowa Statutes
TITLE V AGRICULTURE
SUBTITLE 4 AGRICULTURE-RELATED PRODUCTS AND ACTIVITIES
CHAPTER 192 GRADE “A” MILK INSPECTION

192.103 Sale of Grade “A” milk to final consumer – impoundment of adulterated or misbranded milk.

Only Grade “A” pasteurized milk and milk products shall be sold to the final consumer, or to restaurants, soda fountains, grocery stores, or similar establishments; except in an emergency, the sale of pasteurized milk and milk products which have not been graded, or the grade of which is unknown, may be authorized by the secretary, in which case, such products shall be labeled “ungraded”.

KANSAS

Summary:

“On-farm retail sales” of raw milk and raw milk products are legal to the “final consumer.” The farmer can only advertise the sales of raw dairy with a sign posted on the farm. The sign must state that the milk or milk products are raw. Farmers must clearly label as “ungraded raw milk” each container of unpasteurized milk for sale.

Farmers whose business consists only of on-farm sales of raw milk do not need a license to operate. The Department of Agriculture considers farmers selling raw butter or cream to be running a “dairy manufacturing plant” and requires them to obtain a dairy manufacturing plant license.

The state does not inspect farmers selling raw milk and raw milk products on a routine basis like they inspect farmers selling Grade A raw milk for pasteurization. They only inspect raw milk and raw milk product sellers if there is a complaint.

Kansas Statutes
Chapter 65. PUBLIC HEALTH
Article 7. MILK, CREAM AND DAIRY PRODUCTS

65-789. Unlawful acts.

(d) sell, offer for sale or have in such person’s possession with the intent to sell at retail to the final consumer any milk or milk product which has not been inspected and designated Grade A pasteurized in accordance with the provisions of this act and any rules and regulations adopted thereunder, except that on-farm retail sales of milk or milk products shall be exempt from the provisions of this act unless stated otherwise; or

65-771. Definitions

(b) “Dairy manufacturing plants” means any place where dairy products, Grade A milk or milk products are manufactured or prepared for sale or distribution, either at wholesale or retail. This term shall not include a licensed food service establishment which is licensed to manufacture homemade ice cream pursuant to this act.

(w) “On-farm retail sales of milk or milk products” means the sale of milk or milk products on the farm by the producer from the production of the dairy herd to the final consumer, so long as the person making such sales does not promote the sale of milk or milk products to the public in any manner other than by the erection of a sign upon the premises of the dairy farm. The advertisement upon any such sign shall state that such milk or milk products are raw and shall be in letters of a uniform size. Each container in which any unpasteurized milk is sold or offered for sale shall be clearly labeled as ungraded raw milk.

Chapter 65. PUBLIC HEALTH
Article 7. MILK, CREAM AND DAIRY PRODUCTS

65-778. License requirement for certain persons engaged in milk, cream or dairy business; fees

(a) Any person who engages in business as a dairy manufacturing plant shall first apply for and obtain a dairy manufacturing plant license from the secretary and shall pay a license fee of $120, or commencing July 1, 2002, and ending June 30, 2005, a license fee of $155.

KENTUCKY

Summary:

Raw milk sales are illegal with one exception. An individual with a written recommendation from a physician may purchase raw goat milk. The goat milk producer must have a permit from the state Cabinet for Health Services and can only sell raw milk directly to individuals on the farm. Goat milk producers must keep the written recommendation statement on file for at least one year. In addition, “the producer shall keep on file records stating volume of unpasteurized goat milk sold and date of sales to each person having submitted a written recommendation statement.”

Kentucky Regulations
TITLE 902 CABINET FOR HEALTH SERVICES DEPARTMENT FOR PUBLIC HEALTH
CHAPTER 45 FOOD AND COSMETICS

902 KAR 45:005. Retail food code.

(2) Fluid milk and fluid milk products used or served shall be pasteurized and shall meet the Grade A quality standards as established by law and administrative regulation. Dry milk and milk products shall be made from pasteurized milk and milk products.

Kentucky Statutes
TITLE XVIII PUBLIC HEALTH
CHAPTER 217C MILK AND MILK PRODUCTS

217C.090. Sale of unpasteurized goat milk.

The secretary shall issue administrative regulations allowing the sale, upon written recommendation of a physician, of goat milk which has not been pasteurized.

Kentucky Regulations
TITLE 902 CABINET FOR HEALTH SERVICES DEPARTMENT FOR PUBLIC HEALTH
CHAPTER 50 MILK AND MILK PRODUCTS

902 KAR 50:120. Unpasteurized goat milk.

Section 1. Permits.

(1) No person shall sell or offer for sale unpasteurized goat milk, without first obtaining a permit from the cabinet.

Section 2. Sale Restrictions and Volume Control.

(1) Unpasteurized goat milk shall be sold from a permitted goat producer only to persons with a written recommendation from a physician.

(2) A written recommendation statement from a physician shall be for a specific individual and shall be kept on file at the producer location and subject to inspection by the cabinet.

(3) Written recommendation statements shall be kept on file by the producer for at least one (1) year.

(4) The producer shall keep on file records stating volume of unpasteurized goat milk sold and date of sales to each person having submitted a written recommendation statement.

(5) All sale of unpasteurized goat milk regulated under this administrative regulation shall be from on-the-farm sales only.

Section 8. Milk Which May Be Sold. Goat milk sold at a farm permitted under this administrative regulation shall be limited to milk produced at the particular farm and no milk shall be transferred from one farm to another or delivered from the farm to another place or location for sale.

LOUISIANA

Summary:

Raw milk sales are illegal. State law prohibits the Department of Public Health from “setting up standards lower than those as set forth in the U. S. Public Health Service Pasteurized Milk Ordinance and Code.” Likewise, parishes and municipalities cannot adopt local milk ordinances that conflict with the PMO.

Louisiana Revised Statutes
TITLE 40 PUBLIC HEALTH AND SAFETY
CHAPTER 4. FOOD AND DRUGS
PART VII. MILK, MILK PRODUCTS, AND SUBSTITUTES
SUBPART B. STANDARDS; IMPORTATION; LOCAL REGULATION

40:922. Rules and regulations prescribing sanitary standard requirements and grade labeling requirements

A. The department is hereby empowered and shall hereby have the authority to promulgate rules and regulations prescribing the sanitary standard requirements of all milk sold or offered for sale in this state, provided that no rules and regulations shall be promulgated setting up standards lower than those as set forth in the U. S. Public Health Service Milk Ordinance and Code.

Louisiana Administrative Code
Title 51 PUBLIC HEALTH SANITARY CODE
Part VII. Milk, Milk Products, and Manufactured Milk Products Regulations Cross Reference
Chapter 9. Specification of Grades of Milk

51:VII.919. Grades of Milk to Be Sold [formerly paragraph 7:099]

A. No milk or milk products (except dry-milk products) shall be sold to the final consumer or to restaurants, soda fountains, grocery stores, or similar establishments except Grade A pasteurized.

Title 51 PUBLIC HEALTH SANITARY CODE
Part VII. Milk, Milk Products, and Manufactured Milk Products Regulations Cross Reference
Chapter 1. Milk and Milk Products

51:VII.103. Local Ordinances [formerly paragraph 7:003]

A. Parishes and municipalities may adopt local milk ordinances provided that such ordinances do not conflict with the United States Public Health Service Pasteurized Milk Ordinance, the Code, or state statutes pertaining to milk and further provided that such ordinances are approved by the state health officer prior to adoption.

MAINE

Summary:

Raw milk sales are legal on the farm and in retail stores. Raw milk and raw milk products must have a label on the product containing the words “not pasteurized.” Farmers do not have to obtain permit to sell raw milk if their sales are only on the farm and they do not advertise.

Maine Revised Statutes
TITLE 7 AGRICULTURE AND ANIMALS
PART 7 MILK AND MILK PRODUCTS
CHAPTER 601 MILK AND MILK PRODUCTS

7 M. R. S. A. § 2910. Standards for milk and milk products

The commissioner, in a manner consistent with the Maine Administrative Procedure Act, shall establish standards by rule for the inspection and examination, licensing, permitting, testing, labeling and sanitation of milk and milk product production and distribution.

The standards must be consistent with the requirements of the official standards, known as the Pasteurized Milk Ordinance, as issued by the Secretary of the United States Department of Health and Human Services, Food and Drug Administration, except that the standards may not prohibit the sale of unpasteurized milk and milk products in the State.

Amendments to the rules may not prohibit the sale of unpasteurized milk or milk products in the State.

TITLE 7 AGRICULTURE AND ANIMALS
PART 7 MILK AND MILK PRODUCTS
CHAPTER 601 MILK AND MILK PRODUCTS

7 M. R. S. A. § 2902-B. Sale of unpasteurized milk and milk products

1. Sale of unpasteurized milk or milk product. A person may not sell unpasteurized milk or a product made from unpasteurized milk unless the label on that product contains the words “not pasteurized.”

2. Sale of unpasteurized milk or milk product at eating establishment. A person may not sell unpasteurized milk or a product made from unpasteurized milk at an eating establishment as defined in Title 22, section 2491, subsection 7.

3. Exception. This section does not apply to farm cheese or to cheese that has been aged at a temperature above 35 degrees Fahrenheit for at least 60 days prior to sale.

TITLE 22 HEALTH AND WELFARE
SUBTITLE 2 HEALTH
SUBTITLE 2 HEALTH
PART 5 FOODS AND DRUGS
CHAPTER 562 CAMPING AREAS AND EATING ESTABLISHMENTS

22 M. R. S. A. § 2491. Definitions

7. Eating establishment. “Eating establishment” means any place where food or drink is prepared and served, or served to the public for consumption on the premises, or catering establishments, or establishments dispensing food from vending machines, or establishments preparing foods for vending machines dispensing foods other than in original sealed packages, such as hotels, motels, boarding homes, restaurants, mobile eating places, coffee shops, cafeterias, short order cafes, luncheonettes, grills, tearooms, sandwich shops, soda fountains, bars, cocktail lounges, night clubs, roadside stands, industrial feeding establishments, private or public institutions routinely serving foods, retail frozen dairy product establishments, airports, parks, theaters, vacation camps or any other catering or nonalcoholic drinking establishments or operations where food is prepared and served or served for consumption on the premises, or catering establishments where food is prepared, or where foods are prepared for vending machines dispensing food other than in original sealed packages.

MARYLAND

Summary:

Raw milk sales for human consumption are illegal.

Maryland Code
HEALTH-GENERAL
TITLE 21. Food, Drugs, and Cosmetics.
Subtitle 4. Regulation of Milk Products.
Part IV. Acts Prohibited

§ 21-434 HEALTH-GEN. Sale of raw milk generally prohibited.

Except for sale of raw milk by a holder of a milk producer permit to a holder of a milk processor permit, a person may not sell raw milk for human consumption.

HEALTH-GENERAL
TITLE 21. Food, Drugs, and Cosmetics.
Subtitle 4. Regulation of Milk Products.
Part I. Definitions and General Provisions.

§ 21-401 HEALTH-GEN. Definitions.

(m) Milk plant. – (1) “Milk plant” means any place where, for distribution, milk products are:

(i) Processed;
(ii) Pasteurized;
(iii) Bottled or packaged; or
(iv) Prepared.

(2) “Milk plant” does not include a place where milk products are sold at retail only.

(n) Milk processor. – “Milk processor” means a person who owns, operates, or controls a milk plant.

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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3 thoughts on “Summary of Raw Milk Statutes and Administrative Codes, Page 2

  1. They can take their evil, ADA conflict of interest, literal culture of death, fiscal enslavement, bureaucratic regulations and ride them straight to their corporate fascist hell.

  2. This explains alot about raw milk but what are the laws about raw milk “products”? Things like raw butter , chesse , cream ext ect can those be sold nation wide?

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