RAW MILK REGULATIONS AND STATUTES 50 State Compilation AK ALASKA ADMIN. CODE tit. 18, 32 (cow, goat or sheep permitted) --- AL ALA. ADMIN. CODE. R. 420-3- 16 ---
AR ARK. CODE. ANN. 20-59-227; 20-59-248 Arkansas Department of Health, Rules and Regulations Pertaining to Grade A Milk and Milk Products incidental sale on farms of raw goat milk only (except for incidental sales of raw goat milk) -The sale of up to 100 gallons of raw, liquid goat milk per month is considered incidental sales. AZ ARIZ. REV. STAT. ANN. 3-606, 3-607; ARIZ. ADMIN. CODE. R3-2- 805, only by restaurants, soda fountains or other establishments sale in and on farms -Pasteurized and un milk may not be comingled at the point of sale. -Raw milk may be produced outside of the state and sold in the state. - Raw milk must be bottled on the farm where it is produced and according to sanitary requirements. CA CAL. FOOD & AG. 35781; 35861; 35891 2; 36001 sale in and on farms -Provisions apply to cow and goat milk. -County milk commissions are free to create more restrictive regulations. CO COLO. REV. STAT. 25-5.5-117 (cow and goat permitted) -Cow-share programs are legal if all of the statutory conditions are met. Page 2
CT CONN. GEN. STAT. 22-172; 22-167; 22-133; 22-192a CONN. DEP T. OF AG. REGS. 22-133-113c - sale in and on farms Above -Raw milk may be offered for sale in its unprocessed state. - person may advertise raw milk as coming from a tuberculin-tested cow unless the cow is tested by the Commissioner of Agriculture. DC D.C. MUN. REGS. tit 25A, 710 --- DE 16-440-461 DEL. ADMIN. CODE. 1 2 --- FL FLA. STAT. 502.091 (prohibited) -The term sale includes cow sharing. GA GA. COMP. R. & REGS. 40-2-1-.01 --- Page 3
HI HAW. CODE R. 11-15-46 --- IA IOWA CODE 192.103 --- ID IDAHO CODE. ANN. 37-1101; IDAHO ADMIN. CODE 02.04.13 - sale in and on farms (cow, goat and sheep permitted) Above - retail raw milk license has been issued the past 15 years. -Bottling and packaging of raw milk shall be done on the farm using approved equipment. IL 410 ILL. COMP. STAT. 635/8; 635/5 ILL. ADMIN. CODE tit. 17 775.50 - sale on -Sale is restricted to occasional customers. IN IND. CODE 18-15-18-1-15 345 IND. ADMIN. CODE 8-3-1 -Adopted the FDA s Grade A Pasteurized Milk Ordinance (2009 revision). -Cow-share programs exist in the state. Page 4
KS KAN. STAT. ANN. 65-789; 65-771; 65-778 KAN. ADMIN. REGS. 4-7-2 - sale on (except on the farm) -State does not regularly inspect farms selling raw milk. KY KY. REV. STAT. ANN. 217C.040; 217C.090; 902 KY. ADMIN. REGS. 50:110, 50:120 (raw goat milk) - Sale of raw goat milk is permitted only with a prescription from a physician. -Adopted Grade A Pasteurized Milk Ordinance. LA. REV. STAT. ANN. 40:921; LA LA. REV. STAT. ANN. 40:922; LA. ADMIN. CODE tit. 51, 919 LA. ADMIN. CODE tit. 51, 919 --- MA MASS. GEN. LAWS ch. 94, 13-13E, 16J, 40 330 MASS. CODE. REGS. 27 - sale on -Detailed bottling, labeling and storage requirements. -Boards of health in cities and towns may regulate the sale of raw milk as long as the regulations conform to the Commissioner of Agricultural Resources. Page 5
ME ME. REV. STAT. tit. 7, 2902-B 01-001-329 ME. CODE. R. V - sale in and on farms --- MD MD. CODE. ANN., HEALTH GEN. 21-434 --- MI MICH. COMP. LAWS 288.538 -Realmilk.com suggests cow-sharing programs exist and the state has neither approved nor attempted to close down. MN MINN. STAT. 32.393 - sale on -Sale is restricted to occasional customers. MO. REV. STAT. 196.935 MO MO. CODE REGS. ANN. tit. 2 80-2.091 MO. CODE REGS. ANN. tit. 2 80-3.030,.040,.070 sale on farms or through home delivery Above --- Page 6
MS MISS. CODE ANN. 75-31-65 sale on farms of goat milk only - more than 9 milk-producing goats may be on the farm where the raw milk is sold. MT MONT. ADMIN. R. 32.8.103 --- NE NEB. REV. STAT. 2-3965, 2-3969 - sale on --- NC N.C. GEN. STAT. 130A-279 (prohibited) -Herd-share programs (cow, goat or sheep) are included in the definition of sale or sold. N.D. CENT. CODE 4-30-36.4 ND N.D. ADMIN. CODE 7-03.2-17-01 -Pasteurization of goat and sheep milk is required. N.D. ADMIN. CODE 33-33- 04-12 Page 7
NH N.H. REV. STAT. 184:30-a; N.H. CODE ADMIN. R. MIL. 301.03 sale in only sale on farms; through home delivery; at pasteurization plants; or at the boarding house where raw milk is produced -Boarding houses selling raw milk must display a sign indicating raw milk is sold on the premises. NJ N.J. STAT. ANN. 24 10-57.17 --- NM N.M. STAT. ANN. 25-8-1; N.M. CODE R. 21.34.2 - sale in Above -Labels on raw milk must say: Raw milk is not and may contain organisms that cause human disease. -One farm in the state has a permit to sell raw goat milk. NV NEV. REV. STAT. 584.207-08 NEV. ADMIN. CODE 584.1611 -Permit is issued to sell raw milk after county milk commission certifies the facility and the state dairy commission conducts an inspection. -Each county that has a raw milk seller must have a county milk commission composed of a board designated by statute. - county milk commission exists in NV, creating a de facto ban on raw milk sales. Page 8
N.Y. AGRIC. & MKTS. 71-n NY 1 N.Y. COMP. CODES R. & REGS. tit.1, 2.3, 2.8 - sale on Above -Farmer must post a sign at the point of sale to give notice that raw milk is sold in that location. OH OHIO REV. CODE ANN. 917.04 -The sale of raw milk is permitted only if the milk was sold continuously since before 10/31/1965. -A continuous milk retailer must hold a license. - one in the state meets the definition of raw milk retailer. OK OKLA. STAT. tit. 2 7-406, 7-408, 7-414 - sale on -Sale of raw milk must be incidental. -Sale of up to 100 gallons a month of raw goat milk constitutes incidental sale; no such provision exists to define incidental sale of raw cow milk. OR OR. REV. STAT. 621.012, 621.116-117 OR. ADMIN R. 603-024-0543, 603-024-0582 sale of raw cow milk on ; sale of raw goat and sheep milk on farm and in retail store (with permit) sale of goat and sheep milk -Farmers may sell raw goat or sheep milk provided the herd is disease-free. - more than 3 milk-producing cows, 9 milkproducing sheep or 9 milk-producing goats may be located on the farm where milk is sold. Page 9
PA 7 PA. CONST. STAT. 59a.401 416 sale of raw milk on farms and in (for sale to retail stores) -Cows and goats producing raw milk for sale must be tested annually for disease. RI R.I. GEN. LAWS 21-2-2 -Sale of raw goat milk is permitted only with a prescription from a physician. SC S.C. CODE ANN. REGS. 61-34 sale of raw milk on farms and in that is not a food service establishment (legal by statute) -Raw milk sellers must have a recall procedure in place. -The statutory definition of food service establishment does not include convenience stores and business that sell prepackaged food. SD S.D. CODIFIED LAWS 39-6-2; 39-6-3; S.D. ADMIN. R. 12:05:07:10 sale on farms or through home delivery -Failure of the raw milk producer to properly label containers is a class 2 misdemeanor. TN TENN. CODE ANN. 53-3-119 TENN. COMP. R. & REGS. 0080-03-02-.11 (permitted) --- Page 10
TX 25 TEX. ADMIN. CODE 217.21 33 sale on -Currently the 11 retail raw milk licenses in the state are all selling raw goat milk (RealMilk.com). -Raw milk for sale must conform to the standards of the Grade A Pasteurized Milk Ordinance. UT UTAH CODE ANN. 4-3-10(6); 4-3-14 UTAH ADMIN. CODE R70-330 sale on farms or in (prohibited) -Raw milk must be bottled on the premises. -Raw milk sold at may not be more than 9 days old. VA 2 VA. ADMIN CODE 5-490- 70, 5-490-73, 5-490-75 --- VT VT. STAT. ANN. tit. 6, 2777 sale on farms or through home delivery -Raw milk-producing animals must meet health and sanitation requirements. -Record keeping requirements for raw milk. -Raw milk seller is required to allow new customers to inspect the premises. -Raw milk sales are prohibited at farmers markets. -Those who sell less than 12.5 gallons of raw milk per day have the option of following additional inspection, bottling, testing, registration, reporting and delivery requirements. - more than 40 gallons of raw milk may be sold in 1 day. Page 11
WASH. REV. CODE ANN. 15.36.012, 15.36.171 (permitted) WA WASH. ADMIN. CODE 16-86- 026, 110, 140 WASH. ADMIN. CODE 16-101- 800 sale in -Raw milk must be bottled on the premises. -Cows from which raw milk is produced are required to undergo brucellosis, Q fever and tuberculosis testing. (General information from CDC on brucellosis, Q fever and tuberculosis) WASH. ADMIN. CODE 246-215-051(1)(a) WI WIS. STAT. 97.24; WIS. ADMIN. CODE. ATCP 60.235 sale on (precludes incidental sale) -Only the incidental sale of raw milk to customers is allowed. WV W. VA. CODE R. 64-34-2 (prohibited) --- WY 3 WYO. CODE. R. 8 --- Page 12
*Cow sharing is an arrangement where people pay to have a farm house their cow or their share of a cow. Owners of a cow share may then obtain raw milk from their cow without having to buy it. Goat sharing and sheep sharing programs exist in some states as well. **Coliforms are bacteria found in the environment and are measured to determine sanitation. The coliform standard for milk is less than or equal to 10 bacteria per milliliter ( 10/mL) (See Section 7 of the FDA s Grade A Pasteurized Milk Ordinance). FDA Grade A Pasteurized Milk Ordinance (PMO): Developed by the United States Public Health Service to help assure milk safety and to reduce milk-borne outbreaks. Many states have adopted the PMO in part or in full. The 2009 PMO revision is available at: http://www.fda.gov/downloads/food/foodsafety/productspecificinformation/milksafety/nationalconferenceoninterstatemilkshipmentsncimsmodeldocuments/ucm209789.pdf Acknowledgements: The National Association of State Department of Agriculture (NASDA) 2011 Raw Milk Survey, July 19, 2001, available at http://www.nasda.org/cms/7196/7357.aspx. SUPPORTERS The Network for Public Health Law is a national initiative of the Robert Wood Johnson Foundation with direction and technical assistance by the Public Health Law Center at William Mitchell College of Law. This document was developed by Nicole Grimm, JD candidate class of 2012, University of Maryland Carey School of Law with assistance from Cristina Meneses, staff attorney, University of Maryland Carey School of Law. The Network for Public Health Law provides information and technical assistance on issues related to public health. The legal information and assistance provided in this document does not constitute legal advice or legal representation. For legal advice, please consult specific legal counsel. Page 13