Summary of Raw Milk Statutes and Administrative Codes, Page 4

An Overview of U.S. State Milk Laws

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

Page 4: New Mexico–South Carolina

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NEW MEXICO

Summary:

Raw milk sales are legal if they farmer has obtained a permit from the state Department of Agriculture. Even though state law allows the sale of raw milk products, it has been the policy of the department to limit the permit to raw milk sales only.

There is a labeling requirement that all containers of retail raw milk must carry the statement “RAW MILK IS NOT PASTEURIZED AND MAY CONTAIN ORGANISMS THAT CAUSE HUMAN DISEASE.”

At the present time, there is one farm that has a permit to sell raw goat milk. There are no other retail raw milk licensees in the state.

New Mexico Regulations
TITLE 21 AGRICULTURE AND RANCHING
CHAPTER 34 DAIRY AND EGG PRODUCERS
PART 2 RETAIL SALE OF RAW MILK

21.34.2.9 NMAC PERMITS:

A. No person shall sell or offer for sale in the state of New Mexico raw milk or raw milk products without a permit issued by the department to use Grade A labeling in advertising, representing, or labeling such raw milk or raw milk products.

21.34.2.12 NMAC LABELING:

A. All retail containers of raw milk or raw milk products shall be conspicuously labeled or marked in accordance with the New Mexico Food Act and in addition shall contain: (4) the statement “RAW MILK IS NOT PASTEURIZED AND MAY CONTAIN ORGANISMS THAT CAUSE HUMAN DISEASE”;

NEW YORK

Summary:

Raw milk sales are legal on the farm. The farmer must have a license from the state Department of Agriculture and Markets. The farmer must post a sign at the point of sale that states, “Notice:Raw milk sold here. Raw milk does not provide the protection of pasteurization.” Raw milk vendors can only sell to consumers.

The state routinely inspects retail raw milk for pathogens which is not a requirement for raw milk for pasteurization.

Even though the seller’s permit is currently for only the sale of raw milk, the state is considering expanding the license to include the sale of other raw dairy products.

New York Codes, Rules and Regulations
TITLE 1 DEPARTMENT OF AGRICULTURE AND MARKETS
CHAPTER I MILK CONTROL*
SUBCHAPTER A DAIRY PRODUCTS
PART 2 REQUIREMENTS FOR THE PRODUCTION, PROCESSING, MANUFACTURING AND DISTRIBUTION OF MILK AND MILK PRODUCTS

1 NYCRR 2.3. General permits; permit to sell raw milk; permit to ship into the State; permit to produce milk.

(b) Permit to sell raw milk.

(1) Every person who sells, offers for sale or otherwise makes available raw milk for consumption by consumers shall hold a permit to sell raw milk issued by the commissioner. A person who holds a permit to sell raw milk may sell, offer for sale or otherwise make available raw milk only:

(i) directly to a consumer;

(ii) on the dairy farm where such raw milk is produced;

(iii) in a bottle or in a single service container mechanically filled and capped as set forth in this Part or in a container provided by the consumer filled in his presence; and

(iv) if at the point of sale a sign is conspicuously posted, easily capable of being read, from such point, stating: “NOTICE: Raw milk sold here. Raw milk does not provide the protection of pasteurization.”

NORTH CAROLINA

Summary:

The sale or dispensing of raw milk for human consumption is illegal. This ban extends to cow share agreements or to any other contractual arrangement or exchange.

State law does permit farmers to “dispense” raw milk and raw milk products for animal feed.

North Carolina General Statutes
Chapter 130A. Public Health.
Article 8. Sanitation.
Part 9. Milk Sanitation.

130A-279 Sale or dispensing of milk

Only milk that is Grade “A” pasteurized milk may be sold or dispensed directly to consumers for human consumption. Raw milk and raw milk products shall be sold or dispensed only to a facility which ispermitted, graded, or regulated by a local, State, or federal agency. The Commission may adopt rules for dispensing raw milk and raw milk products for nonhuman consumption. ‘Sale’ or ‘sold’ shall mean any transaction that involves the transfer or dispensing of milk and milkproducts through barter or contractual arrangement or in exchange forany other form of compensation, including but not limited to, the sale of shares or interest in a cow, goat, or other lactating animal or herd.

North Carolina Administrative Code
TITLE 15A DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
CHAPTER 18  ENVIRONMENTAL HEALTH
SUBCHAPTER 18A  SANITATION
SECTION. 1200 GRADE A MILK SANITATION

T15A-C18-S18A.1210 RESTRICTIONS ON DISPENSING RAW MILK

(a)  Dairy farms shall dispense raw milk or raw milk products only to a permitted milk hauler or to a processing facility for which the processing of milk is permitted, graded or regulated by a state or federal agency.

(b)  The farmer or the owner of the raw milk or raw milk products may, nevertheless, destroy the milk or dispense it for animal feed in accordance with any applicable state and federal regulations.

NORTH DAKOTA

Summary:

Raw milk sales for human consumption are illegal. The state has adopted Section 9 of the Pasteurized Milk Ordinance which permits only the sale of pasteurized milk to the final consumer.

There are no state laws against the sale of raw milk for pet consumption. It is the policy of the state Department of Agriculture to permit on-farm sales of raw milk for pet consumption provided that the farmer posts signs stating that they are selling raw milk for pet consumption only.

North Dakota Statutes
TITLE 4 AGRICULTURE
CHAPTER 4-30 DAIRY PRODUCTS REGULATIONS

4-30-36.4. Grade A pasteurized milk ordinance.

Dairy producers, processors, and manufacturers shall comply with the “Grade A Pasteurized Milk Ordinance, 2001 Revision, Public Health Service, Food and Drug Administration, Publication No. 229″ and its supplements and follow the standards set by the “Procedures Governing the Cooperative State-Public Health Service Food and Drug Administration Program of the National Conference on Interstate Milk Shipments, 2001 Revision.”

North Dakota Administrative Code
TITLE 33 STATE DEPARTMENT OF HEALTH
ARTICLE 33-33 RULES INITIATED BY THE INSPECTION DIVISION
CHAPTER 33-33-04 FOOD CODE

33-33-04-12. Milk products – Pasteurized.

1. Fluid and dry milk and milk products complying with Grade A standards as specified in law shall be obtained pasteurized.

OHIO

Summary: Raw milk sales are illegal. Raw milk sales are technically legal under state law, but only for vendors that hold a valid raw milk retailer license from the state and who have been “engaged continuously in the business of selling or offering for sale raw milk directly to ultimate consumers” since 1965. There is no longer anyone in the state meeting that criterion.

Ohio Revised Code
TITLE IX AGRICULTURE  – ANIMALS – FENCES
CHAPTER 917 DAIRY PRODUCTS

§ 917.04. Sale and labeling of raw milk.

No raw milk retailer shall sell, offer for sale, or expose for sale raw milk to the ultimate consumer except a raw milk retailer who, prior to October 31, 1965, was engaged continuously in the business of selling or offering for sale raw milk directly to ultimate consumers, holds a valid raw milk retailer license issued under section 917.09 of the Revised Code, and is subject to the rules regulating the sale of raw milk adopted under this chapter.

No person shall fail to label, in accordance with rules adopted by the director of agriculture under section 917.02 of the Revised Code, all final delivery containers used for the sale of raw milk to ultimate consumers with the words “this product has not been pasteurized and may contain disease-producing organisms.”

OKLAHOMA

Summary:

Raw milk sales are legal on the farm. Farmers can make “incidental sales of raw milk directly to consumers” without having to obtain a permit. While state law does not specifically define what incidental sales of raw cows milk are and leaves this determination to the discretion of the state inspector, raw goat milk producers can sell up to 100 gallons of goat milk per month without a permit. Farmers making incidental sales of raw goat milk have the right to advertise.

Even though the incidental sales exception does not apply to raw cheese, state law does not prohibit farmers from making cheese using milk or cream produced on their farm.

Farmers making more than incidental sales of raw milk must have a raw milk permit. This permit is only good for raw milk sales, not for any other raw dairy products. Producers wanting to sell raw milk products must obtain a manufacturing plant permit.

Oklahoma Statutes
TITLE 2 AGRICULTURE
CHAPTER 1 AGRICULTURAL CODE
ARTICLE 7. MILK AND DAIRY PRODUCTS AND MILK PRODUCTS PLANTS
D. OKLAHOMA MILK AND MILK PRODUCTS ACT

§ 2-7-406. Sale of Grade A milk and milk products.

A. Only Grade A pasteurized milk and milk products or Grade A raw milk shall be sold to the final consumer; provided, however:

1. Only Grade A pasteurized milk shall be sold through restaurants, soda fountains, grocery stores, or similar establishments, including school lunch rooms

§ 2-7-414. Construction of Act.

A. The provisions of the Oklahoma Milk and Milk Products Act shall not be construed to:

1. Include incidental sales of raw milk directly to consumers at the farm where the milk is produced;

2. Preclude the advertising of the incidental sale of goat milk; and

3. Prohibit any farmer or producer from making cheese using milk or cream produced on the farm of such farmer or producer.

B. 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).

§ 2-7-408. Permits

A. No person shall produce, haul, process, or distribute Grade A raw milk for pasteurization or milk and milk products, or hold himself or herself out as a milk producer, transporter, processor, or distributor or represent a any farm, bulk milk hauler/sampler, milk tank truck driver, milk transportation company, milk tank truck cleaning facility, milk plant, receiving or transfer station, milk distribution center, or milk or milk products as “Grade A” unless that person possesses an appropriate and valid permit for the particular premises or facilities concerned.

§ 2-7-403. Definitions.

11. “Milk plant” means any premises owned or operated by a “milk processor” where milk or milk products are collected, manufactured, processed, pasteurized, bottled, stored, or prepared for distribution for commercial purposes including, but not limited to, a receiving or transfer station

20. “Ungraded milk products” and “manufacture grade milk products” include, but are not limited to, butter, cheese, dry milk, condensed milk, filled or evaporated milk, frozen dairy dessert and mello-drink products.

TITLE 2 AGRICULTURE
CHAPTER 1 AGRICULTURAL CODE
ARTICLE 7. MILK AND DAIRY PRODUCTS AND MILK PRODUCTS PLANTS
D. OKLAHOMA MILK AND MILK PRODUCTS ACT

§ 2-7-417. Permits required.

No person shall produce, haul, process or distribute ungraded raw milk or milk products or hold himself out as an ungraded milk producer, hauler, processor or distributor unless such person possesses an appropriate and valid permit for the particular premises or facilities concerned. The processing of permit applications and inspections shall be similar to the Grade A permit process.

OREGON

Summary:

Raw goat or sheep milk sales are legal on the farm and in retail stores. No permit is necessary for farmers with no more than nine producing goats and nine producing sheep who sell the milk on the farm directly to the consumer. Raw cow milk sales are illegal except for on-farm sales where the farmer has no more than three producing cows on the premises. The state prohibits advertising for on-farm sales.

Farmers producing raw goat or sheep milk can sell in retail stores if they obtain a producer-distributor license and have their own bottling plant on site. Licensees can sell goat or sheep milk products such as butter, cream, yogurt, and cheese as well. There is one licensed goat milk farmer in the state at the present time.

Oregon Statutes
TITLE 49 FOOD AND OTHER COMMODITIES
Chapter 621 Milk; Dairy Products; Substitutes
GENERAL PROVISIONS

621.012 Exception for small-scale on-farm sales.

The provisions of ORS 621.062, 621.070, 621.072, 621.076, 621.084, 621.088, 621.116, 621.117 and 621.259 and standards developed under ORS 621.060, 621.083 or 621.224 do not apply to a person owning not more than three dairy cows that have calved at least once, nine sheep that have lactated at least once or nine goats that have lactated at least once, but such person may sell the fluid milk from those animals for human or other consumption without complying with the provisions of ORS 621.062, 621.070, 621.072, 621.076, 621.084, 621.116, 621.117 or 621.259 or standards developed under ORS 621.060, 621.083 or 621.224 only if:

(1) The person does not advertise the milk for sale;

(2) The milk is sold directly to the consumer at the premises where produced; and

(3) No more than three producing dairy cows, nine producing sheep or nine producing goats are located on the premises where the milk is produced.

TITLE 49 FOOD AND OTHER COMMODITIES
Chapter 621 Milk; Dairy Products; Substitutes
PROHIBITED ACTS, GENERALLY

621.116 Prohibition against retail sale of unpasteurized milk from cows.

A person may not sell or distribute for sale unpasteurized milk or fluid milk from cows, or dairy products from unpasteurized milk or fluid milk from cows, other than to a distributor, producer-distributor, dairy products plant licensee or nonprocessing cooperative. This section does not apply to the sale or distribution of cheese otherwise exempt from pasteurization requirements or to sales or distributions by a person described under ORS 621.012.

TITLE 49 FOOD AND OTHER COMMODITIES
Chapter 621 Milk; Dairy Products; Substitutes
GENERAL PROVISIONS

621.003 Definitions.

(3) “Dairy products” means:

(a) Butter.

(b) All varieties of cheese, frozen desserts and frozen dessert mixes containing milk, cream or nonfat milk solids.

(c) Evaporated, condensed, concentrated, powdered, dried or fermented milk, whey, cream and skimmed milk.

(19) “Producer-distributor” means:

(a) A person who bottles milk on the premises where production occurs, in pasteurized or unpasteurized form and for human consumption.

TITLE 49 FOOD AND OTHER COMMODITIES
Chapter 621 Milk; Dairy Products; Substitutes
GRADE DESIGNATION USE

621.072 Issuance of license to use grade designation; grading by milk hauler; facility inspections; fees.

(1) The State Department of Agriculture shall issue a license to use a grade designation to any person who:

(a) Makes written application for a license on forms provided by the department;

(b) Pays the designated license fee;

(c) Is engaged in the business of producing or distributing fluid milk; and

(d) Meets the requirements of the particular grade designation for which application is made.

(2) If a person carries on the activities of a producer and a producer-distributor, the person must obtain a separate license for each of those activities. If a producer-distributor manufactures products from both Grade A fluid milk and Grade B fluid milk at the same premises, the producer-distributor must obtain separate licenses for Grade A product manufacturing activity and Grade B product manufacturing activity.

621.076 Container labeling; bottling unpasteurized milk; prohibition against milk by or from suspended licensee.

(2) A person shall not bottle unpasteurized fluid milk except on the premises where it is produced.

PENNSYLVANIA

Summary:

Raw milk sales are legal on the farm and in retail stores. Raw milk for retail producers must have a permit and can only sell to stores if they have their own packaging operation with labeling and bottling machines. Stores purchasing raw milk from farmers for resale do not ordinarily need a permit. Producers selling raw milk only on the farm do not need bottling equipment because the state permits customers to bring their own containers.

The only raw milk product that licensees can sell legally is cheese. According to the Department of Agriculture, this is because the state has a standard of identity regulation only for raw cheese, not for any other raw dairy products. If a dairy product does not have a standard of identity regulation, the Department will not issue a permit for it.

Pennsylvania Statutes
TITLE 31 FOOD (P. S. )
CHAPTER 13 MILK AND CREAM MILK MARKETING LAW
PERMITS FOR SALE OF MILK OR MANUFACTURED DAIRY PRODUCTS

31 P.S. § 646. Permit; application; reimbursement of Inspection expenses; reciprocal agreements

Except as hereinafter provided, no person shall sell milk, milk products or manufactured dairy products within this Commonwealth without first having obtained a permit from the “secretary,” nor otherwise than in accordance with the requirements of this act.

Unless the “secretary” shall require a permit, this section shall not apply to a person selling milk or milk products from a store, when such milk or milk products are purchased from a person already in lawful possession of a permit to sell milk or milk products.

The “secretary” may, in his discretion, exempt a person selling milk from not more than one cow from such requirements of this act, as he may deem in each instance to be unnecessary for the protection of the public health.

Pennsylvania Code of Regulations
TITLE 7 AGRICULTURE
PART III. BUREAU OF FOOD SAFETY AND LABORATORY SERVICES
Subpart B. LIQUID FOODS
CHAPTER 61. [Reserved]
Subchapter C. MISCELLANEOUS PROVISIONS

7 Pa. Code § 59.302. Raw milk.

(b) General requirements. Raw milk shall meet all the requirements of §§ 59. 101 – 59. 121 (relating to sanitation requirements applicable to production of milk for pasteurization) with the following exceptions:

(2) Labeling on all containers and caps except those owned by customers shall be approved by the Department.

(7) For prepackaging, a mechanical means of filling and capping bottles shall be used. The cap or closure shall protect the pouring lip to its largest diameter.

TITLE 7 AGRICULTURE
PART III. BUREAU OF FOOD SAFETY AND LABORATORY SERVICES
Subpart B. LIQUID FOODS
CHAPTER 61. [Reserved]
Subchapter G. MANUFACTURING PLANTS
SUPPLEMENTAL REQUIREMENTS FOR PLANTS MANUFACTURING AND PACKAGING CHEESE

7 Pa. Code § 59.773. Operations and operating procedures.

(b) Cheese from unpasteurized milk. If the cheese is labeled as “heat treated,” “unpasteurized,” “raw milk,” or “for manufacturing,” the milk may be raw or heated at temperature below pasteurization. If the milk is held more than 2 hours between time of receipt or heat treatment and setting, it shall be cooled to 45°F or lower until time of setting.

RHODE ISLAND

Summary:

Raw milk sales are illegal with one exception. An individual may purchase raw goat milk from a producer if that person has a written, signed prescription from a physician. According to the state Department of Health, no one has ever taken advantage of this provision in the law.

Rhode Island Regulations
GRADE “A” PASTEURIZED MILK ORDINANCE 2001 REVISION
STANDARDS FOR GRADE “A” PASTEURIZED, ULTRAPASTEURIZED AND ASEPTICALLY PROCESSED MILK AND MILK PRODUCTS

DOH – SECTION 9. MILK AND MILK PRODUCTS WHICH MAY BE SOLD

From and after twelve (12) months from the date on which this Ordinance is adopted, 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.

Rhode Island General Laws
TITLE 21 Food And Drugs
CHAPTER 2 Milk Sanitation Code

§ 21-2-2. Declaration of policy. -
(8) That all milk sold within the state of Rhode Island shall be pasteurized by a recognized method of pasteurizing adequate to destroy bacteria capable of transmitting disease to people. Provided, that a physician may authorize an individual sale of goat milk directly from producer to consumer by written, signed prescription.

SOUTH CAROLINA

Summary:

Raw milk sales are legal on the farm and , to a limited extent, in retail stores. Farmers must obtain a permit and can only sell raw milk, not raw milk products. The state Department of Health and Environmental Control prohibits the sale of any processed raw dairy product. Advertising is legal.

A retail store can only sell raw milk if the store does not fall under the regulatory definition of a “food service establishment.” Under current law, only convenience stores “which offer for sale prepackaged food” . and “engage in limited preparation of nonpotentially hazardous food” are outside this definition.

At the present time, there are nine licensed raw milk producers in the state, five producing cow milk and four producing goat milk.

South Carolina Regulations
CHAPTER 61 DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL

61-34. Milk and Milk Products.

SECTION 1. Definitions.

Y. Dairy Farm – A dairy farm is any place or premises where one or more cows or goats are kept, and from which a part or all of the milk or milk product(s) is provided, sold, or offered for sale to a milk plant, transfer station, receiving station, or offers for sale raw milk for human consumption.

SECTION 3. Permits.

It shall be unlawful for any person who does not possess a permit from the health authority to operate in South Carolina any establishment or business defined in these rules and regulations or otherwise offer milk or milk products for sale or have in storage any milk or milk products defined in these rules and regulations. PROVIDED: that, grocery stores, restaurants, soda fountains, and similar establishments where milk or milk products are served or sold at retail, but not processed, may be exempt from the requirements of this section.

Issuance of Permits – Every milk producer, producer distributor, milk distributor, milk hauler, and each milk plant, receiving station, and transfer station operator shall hold a valid permit.

SECTION 9. Milk and Milk Products Which May Be Sold.

From and after adoption of these rules and regulations, only Grade A pasteurized and Grade A raw milk and milk products shall be offered for sale to final consumer.

61-25. Retail Food Establishments.

CHAPTER I – DEFINITIONS

26. “RETAIL FOOD ESTABLISHMENT” – any operation that prepares, packages, serves, processes, or otherwise provides food for human consumption, either on or off the premises, regardless of whether there is a charge for the food. These establishments are further defined as:

a. Food Service Establishment – operations such as, but not limited to, restaurants, delicatessens, snack bars, catering operations, ice cream parlors, school cafeterias, mobile food units including bases of operations, and temporary food service establishments.

b. Retail Food Store – operations that process meat, meat products, or other potentially hazardous food, such as, but not limited to, grocery stores, retail meat markets, fish and seafood markets. These establishments may also engage in limited food service operations that comply with applicable requirements of this Regulation. A separate food service facility operating within a retail food store may be evaluated independently from the retail food store.

c. Retail food establishments do not include:

(15) Convenience food stores which offer for sale prepackaged food and may engage in limited preparation of nonpotentially hazardous food.

(17) Businesses selling only prepackaged food.

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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2 thoughts on “Summary of Raw Milk Statutes and Administrative Codes, Page 4

  1. This case should be taken to Federal court. Why not go with Washington State licensed Grade A dairies, and our dairies here in Oregon can sell the milk also. The big ones here in the state government dictate which foods we can eat. BY BIG MONEY we are now eating nothing but processed, GMO, chemical laden, non-nutritious foods. This should really help boost the medical industries and big pharma’s profits, now wouldn’t it? And that is what that is doing right now. They want to kill us. What do you think that GMO does for us? Diabetes for one Obesity in our kids more than anything and some country have banned GMO. Just Look at Peanut Butter with E coli. We need to get rid of the Governor of the State of Oregon in the first place and how much money has he been paid by the lobbies in this state for the milk people.

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