Summary of Raw Milk Statutes and Administrative Codes, Page 5

An Overview of U.S. State Milk Law

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

Page 5: South Dakota–Wyoming

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SOUTH DAKOTA

Summary:

Raw milk sales are legal on the farm and through home delivery. Even though the state has adopted the Grade A Pasteurized Milk Ordinance (including Section 9 of the PMO which only permits the sale of pasteurized milk to the final consumer) it has created a statutory exemption for raw milk, cream, skim milk or goat milk occasionally secured or purchased for his personal use by any consumer at the place or farm where the milk is produced.” and for a “farm producer of milk, selling and delivering his own production direct to consumers only.”

Farmers are responsible for bottling the milk and must have a milk plant license in order to be able to use bottling equipment on their farm. They must clearly label each container as “raw milk.” According to the state Department of Agriculture, there are no farmers selling raw milk on any noticeable scale at the present time.

South Dakota Administrative Rules
TITLE 12 DEPARTMENT OF AGRICULTURE
ARTICLE 12:05 GRADE A MILK AND MILK PRODUCTS
CHAPTER 12:05:14 ADOPTION OF DOCUMENTS AND MINIMUM REQUIREMENTS

12:05:14:01. Minimum requirements.

The production, transportation, processing, handling, sampling, examination, grading, labeling, and sale of all milk and milk products and the inspection and suspension of permits for dairy farms, milk plants, receiving and transfer stations, milk tank truck cleaning facilities, milk tank trucks, bulk milk hauler/sampler, and single-service manufacturing plants shall be regulated in accordance with the provisions of the Grade A Pasteurized Milk Ordinance (PMO) (with the exception of sections 16 and 17) 2003 revision, published by Public Health Service/Food and Drug Administration, U. S. Department of Health and Human Services, Washington, D. C. The provisions of Article 12:05 supersede requirements of the PMO.

South Dakota Statutes
TITLE 39
CHAPTER 39-6

39-6-3.

Section 39-6-2 shall not apply to milk, cream, skim milk, or goat milk occasionally secured or purchased for his personal use by any consumer at the place or farm where the milk is produced, and provided further, that § 39-6-2 shall not apply to any active farm producer of milk, selling and delivering his own production direct to consumers only. The containers in which any unpasteurized milk is sold shall be clearly labeled by the producer as “raw milk.” Failure to affix such label is a Class 2 misdemeanor.

South Dakota Statutes
TITLE 40
CHAPTER 40-32

40-32-2.

Terms as used in this chapter, mean:

(10) “Milk plant,” any place where milk or milk products are delivered or processed for commercial purposes;

40-32-4.

Any person engaged in the operation of a creamery, cream station, receiving station, transfer station, plant fabricating single-service articles or milk distributor in South Dakota, or any person buying milk or cream produced in South Dakota, or any person selling milk or milk products, shall, before beginning business, obtain from the secretary a license for each place of business owned or operated by such person in South Dakota, and for each creamery, cream station, milk distributor, or milk plant buying or selling milk or milk products in South Dakota.

TENNESSEE

Summary:

Raw milk sales for human consumption are illegal. The state Department of Agriculture has interpreted “sale” to even cover giving away raw milk and raw milk products. In 2003, a state representative introduced a bill to legalize raw milk, but the Tennessee Senate Agricultural Committee voted the bill down and it never reached the floor of the legislature.

Raw milk and raw milk product sales for pet consumption are legal, even though the state animal feed laws contain no specific provision about raw dairy products. Producers and sellers must obtain a commercial feed license from the state.

Tennessee Rules and Regulations
RULES OF DEPARTMENT OF AGRICULTURE DIVISION OF PLANT INDUSTRIES
CHAPTER 0080-3-2 REGULATION GOVERNING FLUID MILK AND FLUID MILK PRODUCTS

0080-3-2-.11 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

TEXAS

Summary:

Raw milk sales are legal. Sales must be on the farm and can only be directly to the consumer. Farmers must obtain a Grade A Raw for Retail Milk Permit from the state Department of Health. Licensees can sell milk products such as raw cream and raw yogurt as well. There are currently eleven retail raw milk licensees in the state with all of them selling only raw goat milk and raw goat milk products.

Raw goat milk producers can also obtain an animal feed license. They get the license from the Texas Feed and Fertilizer Service, a branch of the Office of the State Chemist. Goat milk producers with an animal feed license must have their products contain a label with the statement “For Animal Feed Only.” In addition, all raw goat milk products for animal feed must contain a blue dye.

Texas Regulations
TITLE 25 HEALTH SERVICES
PART 1 TEXAS DEPARTMENT OF HEALTH
CHAPTER 217 MILK AND DAIRY
SUBCHAPTER C DEFINITIONS AND STANDARDS OF IDENTITY FOR YOGURT AND YOGURT PRODUCTS

25 TAC S 217.32 Selling of Raw Milk to the Consumer

Raw milk may be sold by the milk producer directly to the consumer only at the point of production, i. e. , at the farm, provided that such producer has been issued a Grade A Raw for Retail Milk Permit in accordance with S 217.91 of this title (relating to Permits), and complies with all the sections in this chapter relating to Grade A Raw for Retail Milk.

TITLE 25 HEALTH SERVICES
PART 1 TEXAS DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 217 MILK AND DAIRY
SUBCHAPTER B GRADE A RAW FOR RETAIL MILK AND MILK PRODUCTS

25 TAC S 217.24 Permits

A person must have a permit to sell raw milk at retail. Only a person who complies with the provisions of these sections shall be entitled to receive a Grade A Raw for Retail Milk permit.

TITLE 25 HEALTH SERVICES
PART 1 TEXAS DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 217 MILK AND DAIRY
SUBCHAPTER B GRADE A RAW FOR RETAIL MILK AND MILK PRODUCTS

25 TAC S 217.21 Grade A Raw for Retail Milk and Milk Products

Grade A raw for retail milk and milk products shall conform to all the applicable requirements in the “Grade A Pasteurized Milk Ordinance” which is adopted by reference in S 217. 2 of this title (relating to Grade A Pasteurized Milk Ordinance).

TITLE 25 HEALTH SERVICES
PART 1 TEXAS DEPARTMENT OF HEALTH
CHAPTER 217 MILK AND DAIRY
SUBCHAPTER A GRADE SPECIFICATIONS AND REQUIREMENTS FOR MILK

25 TAC S 217.1 Definitions

Grade A retail raw milk products – milk products that are manufactured under the provisions of Subchapter B of this Chapter, SS 217.21-217.25, 217.31 (relating to Grade A Raw for Retail Milk and Milk Products), and are offered for sale to the public without benefit of pasteurization. These products include:cream, light cream, light whipping cream, heavy cream, heavy whipping cream, whipped cream, whipped light cream, sour cream, acidified sour cream, cultured sour cream, half-and-half, sour half-and-half, acidified sour half-and-half, cultured sour half-and-half, skim milk, low-fat milk, eggnog, buttermilk, cultured milk, cultured low-fat milk, cultured skim milk, yogurt, low-fat yogurt, and nonfat yogurt.

Texas Agricultural Experiment Station
The Texas A&M University System
Office of the Texas State Chemist
FEED ADMINISTRATIVE MEMORANDUM NO. 3-15
LICENSING OF DISTRIBUTORS OF GOATS’ MILK AS ANIMAL FEED
POLICY

Investigators will, as part of their area responsibilities, actively seek out distributors of goats’ milk and require them to obtain a license, determine whether licensees’ products meet the terms of license requirements and, where lacking, help them to come into compliance.

Applications for a license must be accompanied by a label which meets the requirements of the Texas Commercial Feed Law and in addition bears the statement

  1. “For animal feed only”; and
  2. one of the following:
    1. Grade A goats’ milk
    2. Heat-treated goats’ milk
    3. Contains 2 gpl Ultramarine Blue dye

UTAH

Summary:

Raw milk sales are legal either on the farm or in a retail store owned by the
producer of the milk. Sales can be made only to the final consumer. Cow shares are
illegal.

Raw milk producers must obtain a permit from the Department of Agriculture. State
law requires producers to bottle the milk on the premises where produced and to
label each bottle “raw milk.” Farmers cannot sell raw milk products except for
block cheese that has been produced according to federal specifications. Farmers can
sell the block cheese on the farm, in retail stores or for wholesale distribution.
Milk sold at a self-owned retail store must not be more than nine days old and must
have the warning statement, “Raw milk, no matter how carefully produced, may be
unsafe.” on the label.

Utah Statutes
TITLE 4 UTAH AGRICULTURAL CODE
CHAPTER 3 UTAH DAIRY ACT
4-3-14. Sale of raw milk ? Suspension of producer’s permit ? Severability not permitted.

(1) As used in this section:
. . .
(b) “Self-owned retail store” means a retail store:

(i) of which the producer owns at least 51% of the value of the real property and tangible personal property used in the operations of the retail store; or

(ii) for which the producer has the power to vote at least 51% of any class of voting shares or ownership interest in the business entity that operates the retail store.

(2) Raw milk may be sold if:

(a) the producer obtains a permit from the department to produce milk under Subsection 4-3-8(5);

(b) the sale and delivery of the milk is made upon the premises where the milk is produced, except as provided by Subsection (3);

(c) it is sold to consumers for household use and not for resale;

(d) it is bottled or packaged under sanitary conditions and in sanitary containers on the premises where the milk is produced;

(e) it is labeled “raw milk” and meets the labeling requirements under 21 C.F.R. Parts 101 and 131 and rules established by the department;

(3) A producer may sell raw whole milk at a self-owned retail store, which is properly staffed, if, in addition to the requirements of Subsection (2), the producer:

(e) labels the milk with:

(i) a date, no more than nine days after the milk is produced, by which the milk should be sold;

(ii) the statement “Raw milk, no matter how carefully produced, may be unsafe.”;

Utah Administrative Rules
R70. Agriculture and Food, Regulatory Services.
R70-330. Raw Milk for Retail.
R70-330-5. Sanitation and Operating Requirements.
D. The sale and delivery of raw milk shall be made on the premise where the milk is produced and packaged. The sale shall be to consumers for household use and not for resale. The sale of block cheese, when held at 35 degrees F. for 60 days or longer, may be sold at retail or for wholesale distribution, at locations other than the premise where the milk was produced.
E. All products made from raw milk including cottage cheese, buttermilk, sour cream, yogurt, heavy whipping cream, half and half, butter, and ice cream shall not be allowed for sale in Utah to individual consumers due to potential negative public health implications of such products.

Utah Statutes
TITLE 4 UTAH AGRICULTURAL CODE
CHAPTER 3 UTAH DAIRY ACT
4-3-1. Definitions.

As used in this chapter:
. . . .
(2) “Cow-share program” means a program in which a person acquires an undivided interest in a milk producing hoofed mammal through an agreement with a producer that includes:

(a) a bill of sale for an interest in the mammal;

(b) a boarding arrangement under which the person boards the mammal with the producer for the care and milking of the mammal; and

(c) an arrangement under which the person receives raw milk for personal consumption.

4-3-10. Unlawful acts specified.

It is unlawful for any person in this state to:
(16) own, operate, organize, or otherwise participate in a cow-share program where the milk producing hoofed mammal is located in Utah.

VERMONT

Summary:

On-farm sales of raw milk are legal. State law permits producers to sell up to 25 quarts of raw milk per day. The state has exempted farmers from needing a license to sell raw milk to the public and retail raw milk sales are subject to little regulatory oversight. The Vermont Department of Agriculture would not inspect any dairy operation that sells only retail raw milk.

Department policy prohibits advertising of raw milk sales. The state law permitting sales of raw milk on the farm does not extend to raw milk products.

Vermont Statutes
TITLE SIX Agriculture
PART 6. MILK AND MILK PRODUCTS
CHAPTER 151: SUPERVISION, INSPECTION AND LICENSING OF DAIRY OPERATIONS
Subchapter 1. General Provisions

6 V. S. A. § 2672. Definitions

(5) “Milk handler” or “handler” is a person, firm, unincorporated association or corporation engaged in the business of buying, selling, assembling, packaging, or processing milk or other dairy products, for sale within or without the state of Vermont.

TITLE SIX Agriculture
PART 6. MILK AND MILK PRODUCTS
CHAPTER 151: SUPERVISION, INSPECTION AND LICENSING OF DAIRY OPERATIONS
Subchapter 3. Licensing and Inspection
ARTICLE 1. LICENSES

6 V. S. A. § 2721. Handlers’ licenses

(a) The secretary may classify and issue licenses to milk handlers to carry on milk handling businesses including, but not limited to, the purchase, distribution or sale of milk, processing or manufacturing of milk, bargaining and collecting for the sale of milk, and dealing in or brokering milk.

(b) A milk handler shall not transact business in the state unless the milk handler secures and holds a handler’s license from the secretary.

TITLE SIX Agriculture
PART 6. MILK AND MILK PRODUCTS
CHAPTER 151: SUPERVISION, INSPECTION AND LICENSING OF DAIRY OPERATIONS
Subchapter 3. Licensing and Inspection
ARTICLE 1. LICENSES

6 V. S. A. § 2723. – Exemptions

Handlers’ licenses shall not be required from the following persons:

(3) A person who produces and sells or offers for sale less than 25 quarts of milk in any one day, but in such case an inspection may be made and reasonable sanitary requirements shall be complied with.

VIRGINIA

Summary:

Raw milk sales are illegal. According to the State Department of Agriculture, there are two cow share programs operating in Virginia, one of which has state approval. At one time, state regulations governing milk for manufacturing purposes covered only dairy products (cheese, butter) made from cow milk and did not apply to raw butter and cheese made from the milk of any other animal. That changed in 2005 when the department issued new regulations covering the production and sale of dairy products from the milk of any animal.

Under the new regulations, cheese manufacturers, among other requirements, must:

  1. Obtain a permit to operate “(i)a dairy farm producing milk for manufacturing purposes or (ii)a dairy plant.”
  2. Must manufacture cheese that complies with the federal standard of identity regulations.
    Any raw cheese not complying with a specific federal standard of identity is illegal. The regulations now require pasteurization of all “nonstandardized cheese.”
  3. Engage daily in the business for which the permit is issued. Failure to do this can result in the loss of the permit.
  4. Not label or advertise any cheese made from unpasteurized milk as “fresh.” Under the regulatory definition only pasteurized cheese can be fresh.
    The new regulations impose burdensome building, equipment and record-keeping requirements as well.

Read literally the regulations even apply to farmers producing dairy products strictly for their own consumption. The state legislature has addressed this with the passage of a law stating that:

“No regulation shall prohibit or restrict a person, his immediate family, or his guests from consuming products or commodities grown or processed on his property provided that the products or commodities are not offered for sale to the public.”

In addition, the state Secretary of Agriculture and Consumer Services has acknowledged in writing that farmers can give raw milk and products made from raw milk free to the public. The new regulations apply only to the manufacture of dairy products for sale. At least one lawsuit has been filed trying to overturn them.

Virginia Regulations
TITLE 2 AGRICULTURE
VAC AGENCY NO. 5 DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
CHAPTER 490. REGULATIONS GOVERNING GRADE “A” MILK.

2 VAC 5-490-70. Milk or milk products which may be sold.

A. Except as specified in subsection B of this section from and after the date this chapter are effective, a person may sell, offer for sale, or expose for sale in the Commonwealth only Grade A pasteurized, ultra-pasteurized, or aseptically processed milk or milk products to the final consumer, or to restaurants, soda fountains, and grocery stores.

Virginia Regulations
TITLE 2 AGRICULTURE
VAC AGENCY NO. 5 DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES CHAPTER 531. REGULATIONS GOVERNING MILK FOR MANUFACTURING PURPOSES.

2 VAC 5-531-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

“Dairy farm” means any premises where any cow, goat, sheep, water buffalo, or other mammal (except humans) are maintained and milked for the purpose of providing milk for manufacturing into dairy products as defined herein and intended for human consumption.

“Dairy plant” means any place, premises, or establishment where any milk or any dairy product is received or handled for processing or
manufacturing or prepared for distribution.

“Dairy product” means butter, natural or processed cheese, dry whole milk, nonfat dry milk, dry buttermilk, dry whey, evaporated whole or skim milk, condensed whole milk and condensed plain or sweetened skim milk.

“Fresh” means the cheese or related dairy product (except Asiago Fresh Cheese) was: (i) made from pasteurized milk; (ii) not required to be aged by the standard of identity for the specific cheese product; (iii) not held longer than five days prior to being offered for sale; and (iv) never frozen or stored at temperatures below 35°F.

“Milk” means the normal lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy cows,
goats, sheep, water buffalo, or other mammal (except humans) intended for human consumption.

“Milk for manufacturing purposes” means any milk produced for processing and manufacturing into a dairy product as defined herein and
intended for human consumption.

“Nonstandardized cheese” means any cheese or related product which does not conform to a standard of identity for a specific cheese or related product established under 21 CFR 133. Nonstandardized cheese and related products are dairy foods manufactured in conformance with this chapter from the milk of cows, goats, sheep, water buffalo, or other mammals (except humans) by the addition of clotting agents (Rennet, clotting enzymes of mammal, plant, or microbial origin, vinegar, acid or any other agent that causes the clotting of milk and the formation of curd) and other safe and suitable ingredients.

“Permit” means the written document issued by the Virginia Department of Agriculture and Consumer Services to the person who operates a (i) dairy farm producing milk for manufacturing purposes or (ii) dairy plant; after the Virginia Department of Agriculture and Consumer Services has inspected and approved the person’s operation and determined the person’s compliance with the provisions of this chapter.

Virginia Regulations
TITLE 2 AGRICULTURE
VAC AGENCY NO. 5 DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES CHAPTER 531. REGULATIONS GOVERNING MILK FOR MANUFACTURING PURPOSES.

2 VAC 5-531-20. Standardized cheeses and related products.

Standardized cheeses and related products shall comply with the specific standards of identity established for each cheese or related
product under 21 CFR Part 133 and the requirements of this chapter. Standardized cheeses and related products include: asiago fresh cheese; asiago medium cheese; asiago old cheese; asiago soft cheese; blue cheese; brick cheese; brick cheese for manufacturing; caciocavallo siciliano cheese; cheddar cheese; cheddar cheese for manufacturing; club cheese; colby cheese; colby cheese for manufacturing; cold-pack cheese; cold-pack cheese food; cold-pack cheese food with fruits, vegetables, or meats; cook cheese; cream cheese; cream cheese with other foods; edam cheese; gammelost cheese; gorgonzola cheese; gouda cheese; granular and
stirred curd cheese; granular cheese for manufacturing; grated cheese; grated American cheese food; gruyere cheese; hard cheeses; hard grating cheeses; high-moisture jack cheese; koch kaese; limburger cheese; low-moisture part-skim mozzarella and scamorza cheese; low-moisture mozzarella and scamorza cheese; low sodium cheddar cheese; low sodium colby cheese; monterey cheese and monterey jack cheese; mozzarella cheese and scamorza cheese; muenster and munster cheese; muenster and munster cheese for manufacturing; neufchatel cheese; nuworld cheese; parmesan and reggiano cheese; part-skim mozzarella and scamorza cheese; part-skim spiced cheeses; pasteurized blended cheese; pasteurized blended cheese with fruits, vegetables, or meats; pasteurized cheese spread; pasteurized cheese spread with fruits, vegetables, or meats; pasteurized neufchatel cheese spread with other foods; pasteurized process cheese; pasteurized process cheese food; pasteurized process cheese food with fruits, vegetables, or meats; pasteurized process cheese spread; pasteurized process cheese spread with fruits, vegetables, or meats; pasteurized process cheese with fruits, vegetables, or meats; pasteurized process pimento cheese; provolone cheese; romano cheese; roquefort cheese; samsoe cheese; sap sago cheese; semisoft cheeses; semisoft part-skim cheeses; skim milk cheese for manufacturing; soaked curd cheese; soft ripened cheeses; spiced cheeses; spiced, flavored standardized cheeses; swiss and emmentaler cheese; swiss cheese for manufacturing; washed curd cheese;
and washed curd cheese for manufacturing.

Virginia Regulations
TITLE 2 AGRICULTURE VAC AGENCY NO. 5 DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES CHAPTER 531. REGULATIONS GOVERNING MILK FOR MANUFACTURING PURPOSES.

2 VAC 5-531-30. Nonstandardized cheese and related products.

Nonstandardized cheese and related products shall be made only from pasteurized milk or dairy ingredients (milk, milk products, or dairy
products) that have all been pasteurized in accordance with the requirements of this chapter.

Virginia Regulations
TITLE 2 AGRICULTURE
VAC AGENCY NO. 5 DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES CHAPTER 531. REGULATIONS GOVERNING MILK FOR MANUFACTURING PURPOSES.

2 VAC 5-531-50. Permits.

A. No person may produce, provide, sell, offer for sale, or store in the Commonwealth of Virginia, or bring, send, or receive into the
Commonwealth of Virginia, any milk for manufacturing purposes unless the person possesses a permit from the Virginia Department of Agriculture and Consumer Services.

B. No person may produce, process, manufacture, handle, package, reprocess, repackage, rework, offer for sale or sell any manufactured
dairy product in the Commonwealth of Virginia unless the person possesses a permit from the Virginia Department of Agriculture and Consumer Services. The requirement for a permit shall not apply to (i) any person’s establishment where a manufactured dairy product is served or sold at retail, so long as the manufactured dairy product is not produced, manufactured, reprocessed or reworked at the establishment; (ii) any person who distributes and does not process manufactured dairy product; or (iii) any person producing manufactured dairy product outside the Commonwealth of Virginia.

C. The Virginia Department of Agriculture and Consumer Services may cancel, suspend, or revoke the permit of any person, or may deny to any person a permit if:

1. The permit holder fails to engage daily in the business for which the permit is issued;

2. The permit holder does not daily produce, provide, manufacture, sell, offer for sale, or store in the Commonwealth of Virginia milk for
manufacturing purposes or dairy product;

Virginia Regulations
TITLE 2 AGRICULTURE
VAC AGENCY NO. 5 DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES CHAPTER 531. REGULATIONS GOVERNING MILK FOR MANUFACTURING PURPOSES.

2 VAC 5-531-60. Labeling.

No person may produce, provide, manufacture, sell, offer for sale, or store in the Commonwealth of Virginia, or bring, send into, or receive
into the Commonwealth of Virginia any milk or dairy product that is not labeled in compliance with the following:

11. No person may label or advertise any cheese made from unpasteurized milk as “fresh”;

Virginia Regulations
TITLE 2 AGRICULTURE
VAC AGENCY NO. 5 DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES CHAPTER 531. REGULATIONS GOVERNING MILK FOR MANUFACTURING PURPOSES.

2 VAC 5-531-110. Dairy products which may be sold.

From and after [ January 26, 2005,] no person may produce, provide, manufacture, sell, offer for sale, expose for sale, or store in the Commonwealth of Virginia, or bring, send, or receive into the Commonwealth of Virginia any manufactured dairy product in final package form for direct human consumption unless (i) the product has been pasteurized in accordance with the requirements of this chapter; (ii) the product is made from dairy ingredients (milk, milk products, or dairy products) that have all been pasteurized in accordance with the requirements of this chapter; or (iii) in the case of cheese, the cheese complies with a standard of identity under 21 CFR Part 133 that allows for the cheese to be aged above 35°F for a minimum of 60 days or the minimum number of days specified under the standard of identity for that variety of cheese.

CHAPTER 882 OF THE 2005 SESSION

An Act to amend the Code of Virginia by adding a section numbered 3.1-14.3, relating to a person consuming products grown and
processed on his farm.

[H 2295]

Approved March 28, 2005

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 3.1-14.3 as follows:

§ 3.1-14.3. Right to consume farm products.

No regulation shall prohibit or restrict a person, his immediate family, or his guests from consuming products or commodities grown or processed on his property provided that the products or commodities are not offered for sale to the public.

WASHINGTON

Summary:

Raw milk sales are legal on the farm and through home delivery. They are legal in retail stores as well if local health ordinances do not prohibit.

Producers must obtain a permit from the State Department of Agriculture. This requirement applies to any farmer operating a cowshare program. Farmers must bottle the milk on the premises and each bottle must contain a warning label stating “WARNING:This product has not been pasteurized and may contain harmful bacteria. Pregnant women, children, the elderly, and persons with lowered resistance to disease have the highest risk of harm from use of this product. “Retail stores must display warning signs near the location of raw milk and raw milk products in the store.

The Department of Agriculture currently limits the raw dairy products licensees can sell to milk and cream. Producers can sell raw milk for animal consumption if they put coloring in the milk. There is currently one retail raw milk licensee in the state.

Revised Code of Washington
TITLE 15 AGRICULTURE AND MARKETING
CHAPTER 15.36 MILK AND MILK PRODUCTS

RCW 15.36.012 Definitions.

“Grade A raw milk” means raw milk produced upon dairy farms conforming with all of the items of sanitation contained in the PMO, in which the bacterial plate count does not exceed twenty thousand per milliliter and the coliform count does not exceed ten per milliliter as determined in accordance with RCW 15.36.201.

“Milk processing plant” means a place, premises, or establishment where milk or milk products are collected, handled, processed, stored, bottled, pasteurized, aseptically processed, bottled, or prepared for distribution, except an establishment that merely receives the processed milk products and serves them or sells them at retail.

“Producer” means a person or organization who operates a dairy farm and provides, sells, or offers milk for sale to a milk processing plant, receiving station, or transfer station.

TITLE 15 AGRICULTURE AND MARKETING
CHAPTER 15.36 MILK AND MILK PRODUCTS
RCW 15.36.041 Milk producer’s license.

Every milk producer must obtain a milk producer’s license to operate as a milk producer as defined in this chapter. A milk producer’s license is not transferable with respect to persons or locations or both. The license, issued by the director upon approval of an application for the license and compliance with the provisions of this chapter, shall contain the license number, name, residence, and place of business, if any, of the licensee.

TITLE 15 AGRICULTURE AND MARKETING
CHAPTER 15.36 MILK AND MILK PRODUCTS
RCW 15.36.051 Milk processing plant license.

A milk processing plant must obtain an annual milk processing plant license from the department, which shall expire on June 30 of each year.

TITLE 16 AGRICULTURE, DEPARTMENT OF
CHAPTER 16-101 MILK AND MILK PRODUCTS

(5) What warning label must be on raw milk containers? The raw milk container must bear the following labeling: WARNING: This product has not been pasteurized and may contain harmful bacteria. Pregnant women, children, the elderly and persons with lowered resistance to disease have the highest risk of harm from use of this product.

(6) What are the specific requirements for warning labels on raw milk? The raw milk warning labels must meet the following requirements:

(a) The warning label type size must be consistent with the type size of other required labeling, but not less than one-sixteenth inch in height.

(b) The warning label must be conspicuous and in contrasting color from other labeling.

(c) The warning label must be prominently displayed on the container’s principal display panel.

(d) The warning label must be clearly readable.

TITLE 15 AGRICULTURE AND MARKETING
CHAPTER 15.36 MILK AND MILK PRODUCTS
RCW 15.36.231 Raw milk or milk products – Bottling and capping – Packaging – Labeling.

(1) Milk and milk products for consumption in the raw state shall be bottled or packaged on the farm where produced. Bottling and capping shall be done in a sanitary manner by means of approved equipment and these operations shall be integral in one machine. Caps or cap stock shall be purchased in sanitary containers and kept therein in a clean dry place until used.

(2) All containers enclosing raw milk or any raw milk product shall be plainly labeled or marked with the word “raw” and the name of the producer or packager. The label or mark shall be in letters of a size, kind, and color approved by the director and shall contain no marks or words which are misleading.

Washington Administrative Code
TITLE 246 HEALTH, DEPARTMENT OF
CHAPTER 246-215 FOOD SERVICE
WAC 246-215-020 Food supplies.

(a) Grade “A” raw milk as defined under RCW 15. 36. 140 may be sold in the original container for off-premises consumption in retail food stores only

TITLE 246 HEALTH, DEPARTMENT OF
CHAPTER 246-215 FOOD SERVICE

(6) Whenever raw milk or raw milk cheese or similar raw milk products are offered for sale in a food service establishment, the health officer shall:

(a) Require conspicuous labeling of raw milk or products containing raw milk as “raw milk” or “contains raw milk”;

(b) Require conspicuous posting of signs near the product that state: “Warning: Raw milk or foods prepared from raw milk, such as unripened or fresh cheese, may be contaminated with dangerous bacteria capable of causing severe intestinal illnesses. Contact your local health department for advice or to report a suspected illness”

Revised Code of Washington
TITLE 15 AGRICULTURE AND MARKETING
CHAPTER 15.37 MILK AND MILK PRODUCTS FOR ANIMAL FOOD
RCW 15.37.100 Coloring of milk in containers, when required.

It shall be unlawful for any person to sell, offer for sale, hold for sale, advertise for sale, trade, barter, or to give as an inducement for the sale of another product, any milk, cream, or skim milk, for animal food consumption which does not meet, or has not been produced under conditions prescribed for Grade A milk, as prescribed in chapter 15. 36 RCW as enacted or hereafter amended and rules adopted thereunder, and the applicable provisions of chapter 69. 04 RCW (the Food, Drug and Cosmetic Act) as enacted and hereafter amended and rules adopted thereunder, in containers provided either by the vendor or vendee and which are capable of holding less than twenty liquid quarts, unless such milk, cream, or skim milk has been decharacterized with a color prescribed by the director which will not affect its nutritive value for animal food.

WEST VIRGINIA

Summary:

Raw milk sales are illegal. In addition, state law prohibits the sale of cow shares.

West Virginia Code of State Rules
TITLE 64 LEGISLATIVE RULE DEPARTMENT OF HEALTH
SERIES 34 GRADE “A” PASTEURIZED MILK

§ 64-34-3. Definitions.

Milk and milk products defined in the state agriculture laws (Article 11, Chapter 19, Sections 1 and 2) and/or regulations adopted by the West Virginia department of agriculture shall apply in the interpretation and the enforcement of this regulation. The following definitions shall, also, apply in like manner: In absence of a definition established by the state agriculture department and/or the state board of health, definitions for all such products regulated by this regulation shall be identical to that contained in the 1978 edition of the U. S. food and drug administration’s recommended Grade A pasteurized milk ordinance and to the products defined in the Code of Federal Regulations, Title 21, Sections 131 and 133.

64-34-2. Incorporation By Reference of Federal Model Grade “A”
Pasteurized Milk Ordinance.

2.1.i.1. The following is added to Section 9, Milk and Milk Products
Which May Be Sold: “The practice of selling shares or other interests in
dairy animals as a means of providing unpasteurized milk to the final
consumer is prohibited

WISCONSIN

Summary:

Wisconsin law states that, “no person may sell or distribute any milk or fluid milk products which are not Grade A milk or Grade A milk products to consumers, or to any restaurant, institution or retailer for consumption or resale to consumers. Grade A milk and Grade A milk products shall be effectively pasteurized.. “The law does provide an exception to the ban on raw milk consumption for “incidental sales of milk directly to consumers at the dairy farm where the milk is produced. “The administrative regulation for the State Department of Agriculture, Trade, and Consumer Protection (DATCP) states that the “incidental sales” exemption “shall not apply to sales which are regularly made in the course of business or are preceded by any advertising, offer to or solicitation of members of the public, but shall include any sales to employees or persons shipping milk to the dairy plant’

State regulations define “person” as “an individual, partnership, firm, association, corporation.”

In a 2002 court decision, an administrative law judge further expanded what would constitute sales to “persons” under the “incidental sales” exemption. The case before the judge concerned the legality of cowshare agreements. While ruling that cowshare agreements were illegal, the judge did find that DATCP’s interpretation of the “incidental sales” exemption “clearly allows regular distribution of ungraded raw milk to the “persons” shipping the milk and their employees. The person shipping milk includes the underlying owners, if the entity holding the milk producer license is a partnership, association, corporation, firm or any other legal business entity.”

In response to this decision, two farms obtained permission from the State Department of Financial Institution (DFI) to issue shares to their customers giving them part ownership in the “entity holding the milk producer license,” enabling the shareholders to purchase raw milk and raw milk products.

DATCP responded to the farm’s distribution of shares with a request to the judge seeking a further clarification of her finding that the underlying owners of the milk producer license could purchase raw milk and raw milk products on a regular basis.

In 2004, the judge issued a final order, holding that agreements sharing ownership in the milk producer license would enable shareholders to take a share of the ungraded raw milk produced if the following conditions were met:

  1. “Investments in entities holding milk producer licenses must be for the purpose of holding a milk producer license, using milking animals to produce milk for sale or distribution in the public, human food chain. Disclosure agreements for this investment must include this as the purpose for the investment.”
  2. “Investments in entities holding milk producer licenses may not be solely for the purpose of purchasing non-pasteurized milk or milk products.”
  3. “The more limited the ownership in the milk producer license, the more the specific investment amount must be tied to the benefit amount received by the limited shareholders.”
  4. “The shareholder may be required to share or assume the risk of losing their investment in the entity holding the milk producer license.”
  5. “Disclosure agreements for investments must include the risks of ownership in the entity holding the milk producer license, including the investment risks and the risks of taking any product as a benefit of ownership, as specified in the decision.”
  6. “Milk and milk product preparation, handling, storage and distribution amongst owners must be physically separate from any food preparation, handling, storage, distribution and sales to the public on the premises.”

In her final order, the judge made clear that if a farm sold milk and milk products exclusively to its shareholders (owners) and not to a milk plant or any other distributor, DATCP would not regulate the production and usage of dairy products from that farm.

Wisconsin Statutes
CHAPTER 97 FOOD REGULATION

97.24 Milk and Milk Products

Requirements for milk and fluid milk products; Grade A requirement.

No person may sell or distribute any milk or fluid milk products which are not Grade A milk or Grade A milk products to consumers, or to any restaurant, institution or retailer for consumption or resale to consumers. Grade A milk and Grade A milk products shall be effectively pasteurized, and shall be produced, processed and distributed in compliance with standards established by the department by rule under this chapter.

This section does not prohibit:

  1. Incidental sales of milk directly to consumers at the dairy farm where the milk is produced.
  2. Rules. The requirements for bottling and sterilization of bottles in such standards shall not apply to milk sold by a producer, selling only milk produced by the producer on the producer’s dairy farm under the producer’s own supervision, and selling such milk only in the producer’s own milk house, which milk meets the requirements of Grade A standards as set forth by the department of agriculture, trade and consumer protection, to a purchaser who has provided his or her own container, which has been sanitized in a manner comparable to the sanitizing of the utensils used in the production of milk by the producer, if the purchaser is purchasing milk for his or her own consumption.

CHAPTER 551 WISCONSIN UNIFORM SECURITIES LAW
SUBCHAPTER II REGISTRATION AND NOTICE FILING PROCEDURES; SECURITIES

21.21 Registration requirement.

It is unlawful for any person to offer or sell any security in this state unless at least one of the following conditions is met: The security or transaction is exempted under S 551.22 or 551.23.

CHAPTER 551 WISCONSIN UNIFORM SECURITIES LAW
SUBCHAPTER II REGISTRATION AND NOTICE FILING PROCEDURES; SECURITIES

21.22 Exempt transactions.

The following transactions are exempt from registration under S 551.21. Any other transaction as to which the division by rule or order finds that registration is not necessary or appropriate for the protection of investors. Wisconsin Administrative Code
AGRICULTURE, TRADE & CONSUMER PROTECTION
Chapter ATCP 60 DAIRY FARMS Subchapter I – Definitions ATCP 60. 01Definitions

“Person” means an individual, partnership, firm, association, corporation or any other business unit or entity.

State of Wisconsin

Department of Agriculture, Trade & Consumer Protection

IN THE MATTER OF MILK PRODUCER LICENSE NUMBER 85297 OR CLEARVIEW ACRES, LLC, HAYWARD, WISCONSIND ANDMILK PRODUCER LICENSE NUMBER 14958 OF MIDVALLEYVU FARM, ARKANSAW WISCONSIN,

RESPONDENTS

DOCKET NOS. 01-C-62, 01-C-96 AND 02-C-07 DECISION

The Department orders that:

  1. Investments in entities holding milk producer licenses must be for the purpose of holding a milk producer license, using milking animals to produce milk for sale or distribution in the public, human food chain. Disclosure agreements for this investment must include this as the purpose for the investment.
  2. Investments in entities holding milk producer licenses may not be solely for the purpose of purchasing non-pasteurized milk or milk products.
  3. The more limited the ownership in the milk producer license, the more the specific investment amount must be tied to the benefit amount received by the limited shareowner.
  4. The shareowner may be required to share or assume the risk of losing their investment in the entity holding the milk producer license.
  5. Disclosure agreements for investments must include the risks of ownership in the entity holding the milk producer license, including the investment risks and the risks of taking any product as a benefit of ownership, as specified in the decision.
  6. Milk and milk product preparation, handling, storage and distribution amongst owners must be physically separate from any food preparation, handling, storage, distribution and sales to the public on the premises.

Ag. 80.17 Applicability; enforcement. (7) The exemption in s. 97.24(2)(c), Stats. , for “incidental sales” of ungraded milk and cream to consumers at farms and dairy plants shall not apply to sales which are regularly made in the course of business or are preceded by any advertising, offer to or solicitation of members of the public, but shall include any sales to employees or persons shipping milk to the dairy plant.

Ag. 80.15 Enforcement interpretation. (3) The exemption in section 97.046 (2)(c), Wis. Stats. , for “incidental sales” of ungraded milk and cream to consumers at farms and dairy plants shall not include any sales which are regularly made in the course of business or are preceded by any advertising thereof, or offer to or solicitation of members of the public, but shall include any sales to employees or persons shipping milk to the dairy plant.

(7) The Division’s interpretation of s.97.24(2)(d)2., Wis. Stats., clearly allows regular distribution of ungraded raw milk to the “persons” shipping the milk and their employees. The person shipping milk includes the underlying owners, if the entity holding the milk producer license is a partnership, association, corporation, firm or any other legal business entity.

In order to hold a milk producer license, a person must have a relationship with, often referred to as being a patron of, a dairy plant, milk distributor, or milk contractor. If an owner of one or more milking animals produces milk for the owner’s use only, that production and use is not regulated by the Department.

WYOMING

Summary:

Raw milk sales are illegal.

Wyoming Regulations
DEPARTMENT OF AGRICULTURE
WYOMING FOOD AND SAFETY
CHAPTER 3  FOOD CARE

AGR-FS § 3-8. Fluid Milk and Milk Products.

(a) Fluid milk and milk products shall be obtained from sources that comply with Grade A standards as specified in the United States Public Health Service/FDA Grade A Pasteurized Milk Ordinance, as amended.

(b) Fluid and dry milk and milk products complying with Grade A standards as specified in United States Public Health Service/FDA Grade A Pasteurized Milk Ordinance, as amended, shall be obtained pasteurized.

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

  1. If the state of California can sell raw milk and the fact that no californian has fallen dead drinking raw milk, what is the reason for not selling raw milk in other states.

    • No one has ever died from raw milk, looking at records going back 15 years, but 17 have died from pasteurized milk. The real reason? The dairy industry does not want to have to compete with raw milk in the prices it pays to farmers.

  2. There are additional regulations in Wisconsin that you do not have listed. Specifically related to labeling of unpasteurized cheese.

    See here: search Wisconsin administrative code: ATCP 80.42

  3. Is that a typo above that in the state of Texas there are 11 raw milk for retail permits issued that are only for GOAT MILK products? Shouldn’t it read COW milk products? Only because I know of at least 3 licensed raw for retail in the San Antonio area alone ;)

    • The farm near Houston where I purchase my raw milk products sells both cow and goat milk and products (although the goat milk & products are not always available.)

  4. I live in Wyoming and want to sell some of my xtra left over goats milk for pet food. Was told to find the laws concerning selling raw milk as pet food here. But I cant find it anywhere. Where can I look or do you have a link that clearly states what I can or can not do with my goats milk being sold as pet food. Thanks
    N

    • Pete Kennedy of the Farm-to-Consumer Legal Defense Fund replied: “In Wyoming you would need to have a commercial feed permit in order to be able to sell raw milk as pet food; a lot of state departments of agriculture will not issue a commercial feed permit to someone wanting to sell raw pet milk.

      “Herdshares are now legal in Wyoming. As a member of the Farm-to-Consumer Legal Defense Fund, herdshare documents can be drafted for you at no additional charge. For more information to join, go to farmtoconsumer.org/become-a-member.html

      “If you have further questions about this, you can email info@farmtoconsumer.org.”

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