Real Milk Legal Map

AL AK AZ AR CA CO CT DE FL GA HI ID IL IN IA KS KY LA ME MD MA MI MN MS MO MT NE NV NH NJ NM NY NC ND OH OK OR PA RI SC SD TN TX UT VT VA WA WV WI WY DC

The RealMilk legal map is divided into the following categories

BLUE Retail sales legal
CYAN On-farm sales legal — This category includes sales through delivery, at farmers market, and at any other venues where direct raw milk producer-to-consumer transactions are allowed.
GREEN Herdshares legal — by statute, regulation, court decision, or written policy
YELLOW No law on herdshares — The state is aware herdshare operations exist but has taken no action to stop them.
PEACH/MELON Sales of raw pet milk legal—farmers are selling raw pet dairy products
ORANGE Sales of raw pet milk legal—distributed only by national raw pet dairy manufacturers but there are no farmers selling raw pet milk
RED All sales and distribution of raw milk illegal — Nevada is the only state in this category; it allows the sale of raw pet milk but only if a toxic denaturant is added

Each state is classified on the map according to its highest use/the broadest raw dairy access (i.e., retail sales legal is the highest use/broadest accessibility). The sale of raw pet milk is legal in all 50 states through each state’s adoption of the AAFCO Official Publication, model regulations published by the Association of American Feed Control Officials. A handful of states require a denaturant in the raw milk while others have allowed national pet food manufacturers to sell raw pet dairy products in retail stores but have not permitted any farmers to do so. Those states are distinguished in the notes from states listed in the pet milk category that do allow farmers to sell the products.

The notes for many states also contain information on what raw dairy products other than milk are legal for sale or distribution. The salr of raw cheese aged 60 days is legal in every state and is not covered in the notes. There has been a steady increase in recent years of legal access to those products. The ban on raw dairy products has always been about protecting the dairy processing industry, not about public health. With the excellent overall track record of raw milk and raw milk products for safety in recent years, WAPF’s goal of access to raw dairy in every state is getting closer to realization.

Anyone with updates or corrections to the raw milk map should email info@westonaprice.org.

NOTES BY STATE

FederalSee all reports.

Alabama — Sales of raw pet milk are legal.

Alaska — Distribution of raw milk through herdshares is legal by regulation. State interprets regulation to mean no other raw dairy products can be distributed through herdshare agreements.

Arizona — Retail sales of raw milk are legal as well as sales of cream butter yogurt and kefir; a license is required. The state department of agriculture takes the position that herdshares are illegal.

Arkansas — On-farm sales of raw cow, goat, or sheep milk are legal; no license is required. Producers can sell up to 500 gallons per month. See all reports.

California — Retail sales of raw milk are legal as well as sales of raw butter, cream, and kefir; a license is required. See all reports.

Colorado — Distribution of raw milk through herdshares is legal; producers must register with the state. Delivery from the farm is allowed by other herdshare co-owners.

Connecticut — Retail sales of raw milk are legal; registration with the commissioner of agriculture is required. Herdshares are legal by statute. See all reports.

Delaware — The sale or distribution of raw milk for human consumption is illegal. Currently, no farmers are selling raw pet milk, but national manufacturers are selling raw pet dairy in retail stores.

District of Columbia — The sale or distribution of raw milk for human consumption is illegal. National manufacturers sell raw pet dairy in retail stores. See all reports.

Florida — Sales of raw pet milk are legal; a Master Feed Registration is required, and sales of other raw pet dairy products by producers and distributors are allowed. See all reports.

Georgia — Sales of raw pet milk are legal. A commercial feed permit is required; no other raw dairy products can be sold under permit. See all reports.

Hawaii — Raw milk sales for human consumption are illegal. There’s no law on herdshares but the state claims they are illegal. Currently, no farmers are selling raw pet milk, but national manufacturers are selling raw pet milk in retail stores.

Idaho — Retail sales of raw milk are legal as well as sales of raw butter, yogurt, kefir, and unaged cheese; a permit is required. Herdshares are legal if the producer is registered and if the herd is no larger than 7 cows, 15 goats, or 15 sheep. Non-retail sales are legal if the producer is registered with the state and has no more than 3 cows, 7 goats, or 7 sheep.

Illinois — On-farm sales of raw milk are legal; two permits are required: a dairy farm permit and a distribution point permit. See all reports.

Indiana — There’s no law on herdshares; the state is aware that herdshares exist but has taken no action to stop them. Sales of raw pet dairy are legal.

Iowa — Raw milk sales for human consumption are illegal. There’s no law on herdshares but the state Department of Agriculture and Land Stewardship claims they are illegal. Currently, no farmers are selling raw pet milk, but national manufacturers are selling raw pet dairy in retail stores.

Kansas — On-farm raw milk sales are legal as well as sales of raw butter, cream, yogurt, kefir, and unaged cheese; no permit is required.

Kentucky — There’s no law on herdshares; the state is aware herdshares exist and has taken no action to stop them. Sales of raw goat milk are legal if the farmer has permit and if the consumer has written recommendation from physician.

Louisiana — Raw milk sales for human consumption are illegal. Currently, no farmers are selling pet milk, but national manufacturers are selling raw pet dairy in retail stores. See all reports.

Maine — Retail sales of raw milk are legal as well as sales of raw butter, cream, yogurt, and kefir; a permit is required. Unlicensed, unregulated direct-to-consumer sales of all raw dairy are legal in towns that have passed the local food sovereignty ordinance. See all reports.

Maryland — Raw milk sales are illegal by statute, and herdshare distribution is prohibited by regulation. Sales of raw pet milk are legal if the producer is registered with the state. See all reports.

Massachusetts — On-farm sales of raw milk are legal; a certificate of registration is required. See all reports.

Michigan — Herdshares are legal by written policy 1.40 which says that only raw milk can be distributed and that there is to be no enforcement of pasteurization requirements against herdshare operations distributing raw milk. There is a court case, however, where the court ruled that the farmer distributing raw cream and butter to any shareowners was not in contempt of court as violating state dairy laws. See all reports.

Minnesota — On-farm sales of raw milk are legal as well as sales of raw cream; no permit is required. The law states that the pasteurization requirement doesn’t “apply to milk, cream, or skim milk occasionally secured or purchased for personal use by a consumer at the place or farm” where the milk is produced. See all reports.

Mississippi — On-farm sales of goat milk legal; the producer may have only nine lactating goats at one time.

Missouri — On-farm sales of raw milk are legal as well as sales of raw cream; producers without a permit may sell through delivery. Producers with a permit may additionally sell at farmers market and other direct-to-consumer venues, but no sales at retail stores.

Montana — Sales of raw milk are legal to consumers who have purchased stock in the producer’s dairy animals; sales are legal under the state’s exemption to securities registration laws. Producers can sell securities to individual investors or to consumer cooperatives. See all reports.

Nebraska — On-farm sales of raw milk are legal as well as sales of raw cream; no permit is required.

Nevada — Raw milk sales are de facto illegal; sales are legal by statute but only if the county milk commission approves the producer. Only one county (Nye) has a milk commission and that county has not approved anyone. Raw pet milk sales are legal, but state law requires a toxic dye to denature the milk. See all reports.

New Hampshire — Retail sales of raw milk are legal as well as sales of raw butter, cream, yogurt, and kefir; a permit is required, but it is left to the county or municipality to allow retail sales and sales to restaurants. Unregulated producers can sell direct to consumers on-farm, farm stands, or at farmers markets; they may sell up to 20 gallons of raw milk a day or the equivalent processed into raw butter, cream, yogurt, or kefir as well as cheese aged 60 days or more.

New Jersey — Sales of raw pet milk are legal if the producer is registered with the state department of agriculture; raw milk distribution or sale for human consumption is illegal. See all reports.

New Mexico — Retail sales of raw milk are legal as well as sales of raw cream; a permit is required. Municipalities can ban sales, which Albuquerque has done. There is no law on herdshares.

New York — On-farm sales of raw milk are legal; a permit is required. See all reports.

North Carolina — Distribution of any raw dairy product through herdshares is legal. Raw pet milk sales without a permit are legal; producers of pet milk must submit labels to the Department of Environment and Natural Resources. See all reports.

North Dakota — Distribution of raw milk through herdshares is legal. Statute also allows for distribution of other raw dairy products, but the state department of agriculture contests this, claiming shareowners can only obtain raw milk. See all reports.

Ohio — Distribution of raw milk and raw milk products through herdshares is legal by court decision in Darke County and by policy for the rest of the state. See all reports.

Oklahoma — On-farm sales of raw milk are legal; statute allows ‘incidental sales’—the term is not defined—for raw cow milk or goat milk sales of no more than 100 gallons per month.

Oregon — Retail sales of raw goat milk and sheep milk are legal as well as sales of raw cream; a permit is required. Unlicensed on-farm sales of raw cow, goat, and sheep milk are allowed if there are no more than three lactating cows, nine goats, and nine sheep on the premises. See all reports.

Pennsylvania — Retail sales of raw milk are legal as well as sales in restaurants; a permit is required. Producers selling in retail stores must have mechanical bottling–no handcapping allowed. Consumers can bring their own containers for on-farm purchases. See all reports.

Rhode Island — Raw milk sales are illegal. There is an exception for consumers purchasing raw goat milk with a physician’s prescription. Currently, no farmers are selling raw pet milk, but national manufacturers are selling raw pet dairy in retail stores.

South Carolina — Retail sales of raw milk are legal; a permit is required. The state issued proposed regulations legalizing the sale of raw cream and raw buttermilk in 2020.

South Dakota — On-farm sales of raw milk are legal as well as sales of raw cream; a permit is required. Delivery is also legal. See all reports.

Tennessee — Distribution of any raw dairy product through herdshares is legal. Sales of raw butter are legal by producers who have a dairy plant permit. Sales of raw pet dairy products are legal if the producer has a commercial feed permit. See all reports.

Texas — On-farm sales of raw milk are legal as well as sales of raw cream; a permit is required. State policy allows an agent for the consumer to deliver raw milk. See all reports.

Utah — Retail sales of raw milk are legal if the licensed producer has a majority ownership in the retail store. Licensees may also sell raw milk, butter and cream on-farm as well as deliver and/or sell via refrigerated mobile unit. Unlicensed producers can sell up to 120 gallons of raw milk per month on the farm. Herdshares are legal by statute; producers with no more than 2 cows, 10 goats, and 10 sheep can distribute raw milk and any other raw dairy product to their shareowners. See all reports.

Vermont — On-farm sales of raw milk are legal; producers meeting basic requirements can sell up to 87.5 gallons a week without a permit. Producers meeting additional requirements can sell up to 350 gallons per week and can deliver as well as sell at farmers markets. See all reports.

Virginia — There’s no law on herdshares; distribution of raw milk and raw products through herdshares is legal by policy of the Virginia Department of Agriculture and Consumer Services. See all reports.

Washington — Retail sales of raw milk are legal as well as sales of raw cream; a license is required, and sales to restaurants are also legal. See all reports.

West Virginia — Distribution of raw milk through herdshares is legal; herdshare producers must register with the state. See all reports.

Wisconsin — On-farm sales of raw milk are legal as ’incidental sales’, which is defined as ”not in the regular course of business” (the state has not clarified what the ”regular course of business” is).
Raw milk sales are also legal to those individuals who have a bona fide ownership interest in the milk producer license; farmers with a milk producer license can issue stock to those wanting to obtain raw milk as long as the sole purpose of the business isn’t to sell raw milk and the investors have the risk of loss for their investment. See all reports.

Wyoming — On-farm sales of raw milk direct to the consumer are legal under the Wyoming Food Freedom Act. These unregulated sales can be on-farm, through delivery, and at farmers markets. Distribution of raw milk through herdshares is legal by regulation. See all reports.

Canada

See all reports.

AlbertaSee all reports.

British ColumbiaSee all reports.

Ontario — See all reports.

Australia

See all reports.

Europe

See all reports.

United Kingdom

See all reports.

International

See all reports.

New Zealand

See all reports.

Slovenia

See all reports.

Sweeden

See all reports.

 

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