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The process of selling raw milk is legal in all 50 states of the United States. The process of making this milk available to the public differs, however, and various jurisdictions have dictated the way consumers can get their raw milk fix. From retail sales to farm purchases to cow-sharing methods, there are a few ways in which you can scratch that raw milk itch.
An array of states allows for unfettered access to raw milk stores in any retail store within the state. The least restrictive of rules to obtain raw milk, you can readily find raw milk in the refrigerators of retail stores in the following states: California, Maine, New Hampshire, New Mexico, Pennsylvania, South Carolina, Utah, and Washington. Raw milk can also be sold in retail establishments with some regulations in Arizona, Connecticut, Idaho, Nevada, and Oregon.
In some of these thirteen states, there are some clarifications. In Utah and Oregon, state legislators have mandated that the retail outlet selling the raw milk must also be the owner of the farm that produced the milk. New Mexico, Pennsylvania, South Carolina, and Idaho all require farmers to have a selling permit.
A total of 29 states allow for the sale of raw milk, but their focus is not on the retail level but rather focuses on purchases closer to the source of the milk: farms. Twelve of those states—California, Maine, New Hampshire, New Mexico, Pennsylvania, South Carolina, Washington, Arizona, and Connecticut—allow farm sales of raw milk with no license. The rest require a license to sell on the farm.
As such, obtaining your supply of raw milk will require loading up the family in the car and taking a trip to the nearest producing farm. Mitigating this necessity, four other states not only allow on-farm shopping but also have given the legal nod to the delivery of raw milk directly from the farm producing the milk to the consumer buying the raw milk. These states include Missouri, South Dakota, Vermont, and Wyoming. A further three states; Kentucky, Mississippi, and Rhode Island allow on-farm purchasing of raw goat milk, but not cow milk.
A winning proposition for many raw milk adherents is entering into a cow share, or herd share that offers a chance to gain access to the availability of raw milk in those that offer the option. Under a cow share system, consumers buy a share in the animal’s care and upkeep which affords the consumer an interest in the cow’s production.
There are only nine states that make cow-sharing programs illegal. Delaware, Florida, Georgia, Iowa, Maryland, New Jersey, Wisconsin, Arizona, and Massachusetts do not allow their residents to enter into cow-sharing programs. Twenty-three states have no explicit law on herd shares. The remaining states all allow for cow-sharing as a way to get raw milk when you want it.
State | Sale for Human Consumption | On Farm Sales | Sale for Animal Consumption | Retail | Herd Shares Sales | Notes |
---|---|---|---|---|---|---|
Alabama | Prohibited | Illegal | Allowed with license | Illegal | No law on herd shares | |
Alaska | Prohibited | Illegal | Allowed with license | Illegal | Legal by regulation | |
Arizona | Permitted within state regulations | Legal | Allowed | Legal w/ regulations | Illegal | Products must carry a warning label, farmer must have a producer-distributor license and use state-approved bottling equipment. |
Arkansas | Prohibited with exception | Legal with license | To be determined | Illegal | No law on herd shares | Prohibited with one exception: Farms may sell up to 500 gallons of raw milk per month onsite in "incidental sales", provided state guidelines for signage and labeling are followed. |
California | Permitted | Legal | Allowed | Legal | Legal | |
Colorado | Prohibited | Illegal | Allowed with license | Illegal | Legal by regulation | "Cowshare" programs are allowed to share raw milk, cream, yogurt, and cottage cheese. |
Connecticut | Permitted within state regulations | Legal | Allowed | Legal w/ regulations | Legal | Farmer must have producer and raw milk retailer permits, as well as milk dealer license. |
Delaware | Prohibited | Illegal | Allowed with license | Illegal | Illegal | |
Florida | Prohibited | Illegal | Allowed | Illegal | Illegal | |
Georgia | Prohibited | Illegal | Allowed with license | Illegal | Illegal | |
Hawaii | Prohibited | Illegal | To be determined | Illegal | No law on herd shares | |
Idaho | Permitted within state regulations | Legal with license | Allowed with license | Legal w/ regulations | Legal by regulation | Farmer must have raw milk permit. |
Illinois | Permitted within state regulations | Legal with license | Allowed | Illegal | Legal | Permit required, sales must take place on farm where milk was produced and within five days of production date. |
Indiana | Prohibited | Illegal | Allowed with license | Illegal | No law on herd shares | |
Iowa | Prohibited | Illegal | To be determined | Illegal | Illegal | |
Kansas | Permitted within state regulations | Legal with license | Allowed | Illegal | No law on herd shares | May be sold only on farms. Sales may only be promoted through onsite signage, which must use a single font size and state that milk is raw. Containers must be labeled as raw milk. |
Kentucky | Prohibited with exception | Legal with license | Allowed | Illegal | No law on herd shares | Prohibited with one exception: Doctors may give patients a note to purchase raw goat milk. |
Louisiana | Prohibited | Illegal | Not Allowed | Illegal | No law on herd shares | |
Maine | Permitted | Legal | Allowed | Legal | No law on herd shares | Products must be labeled "not pasteurized". |
Maryland | Prohibited | Illegal | Allowed with license | Illegal | Illegal | |
Massachusetts | Permitted within state regulations | Legal with license | Allowed | Illegal | Illegal | Regulated at local level. Sales must comply with sections 12 and 13 of state guidelines. |
Michigan | Prohibited | Illegal | Allowed | Illegal | Legal by regulation | |
Minnesota | Permitted within state regulations | Legal with license | Allowed | Illegal | No law on herd shares | Sales must take place at farm or dairy, must be "occasional" and purchased for personal use. |
Mississippi | Permitted within state regulations | Legal with license | To be determined | Illegal | No law on herd shares | Raw goat's milk can be legally purchased at the farm or dairy if the sale is incidental, the farm has nine or fewer goats, and the sale is not advertised. Milking area must be clean and have a cement (or similar) floor, walls or an insect-proof screens, and a fly strap. Containers must be sterile. |
Missouri | Permitted within state regulations | Legal | Allowed | Illegal | No law on herd shares | Farmer must have sales permit. |
Montana | Prohibited | Illegal | To be determined | Illegal | Legal by regulation | |
Nebraska | Permitted within state regulations | Legal | To be determined | Illegal | No law on herd shares | Must be sold directly from farm to consumer |
Nevada | Permitted | Legal with license | To be determined | Legal w/ regulations | No law on herd shares | |
New Hampshire | Permitted | Legal | To be determined | Legal | No law on herd shares | |
New Jersey | Prohibited | Illegal | Not Allowed | Illegal | Illegal | |
New Mexico | Permitted within state regulations | Legal | Allowed | Legal | No law on herd shares | Farmer must have sales permit. |
New York | Permitted within state regulations | Legal with license | Allowed | Illegal | Legal by regulation | Must be sold directly from licensed farm to consumer |
North Carolina | Prohibited | Illegal | Allowed with license | Illegal | Legal | |
North Dakota | Prohibited | Illegal | To be determined | Illegal | Legal by regulation | |
Ohio | Prohibited | Illegal | To be determined | Illegal | Legal | Technically legal for vendors who have been in business continuously since 1965, but none exist. |
Oklahoma | Permitted within state regulations | Legal with license | Allowed | Illegal | No law on herd shares | Must be sold directly from farm to consumer. |
Oregon | Permitted within state regulations | Legal with license | Allowed | Legal w/ regulations | No law on herd shares | Must be sold directly from small-scale farm to consumer. |
Pennsylvania | Permitted | Legal | Allowed with license | Legal | No law on herd shares | Permit required. |
Rhode Island | Prohibited with exception | Legal with license | To be determined | Illegal | No law on herd shares | Prohibited with one exception: Doctors may give patients a note to purchase raw goat milk. |
South Carolina | Permitted | Legal | Allowed | Legal | No law on herd shares | Permit required. |
South Dakota | Permitted within state regulations | Legal with license | Allowed | Illegal | No law on herd shares | License required. |
Tennessee | Prohibited | Illegal | Allowed | Illegal | Legal by regulation | |
Texas | Permitted within state regulations | Legal with license | To be determined | Illegal | Legal by regulation | Must be sold directly from licensed farm to consumer. |
Utah | Permitted within state regulations | Legal with license | Allowed with license | Legal | Legal by regulation | Must be sold directly from licensed farm to consumer. Cow shares are legal. |
Vermont | Permitted within state regulations | Legal with license | Allowed with license | Illegal | No law on herd shares | Must be sold on farm, at farmer's markets, or by community-supported agricultural organizations. |
Virginia | Prohibited | Illegal | To be determined | Illegal | No law on herd shares | |
Washington | Permitted | Legal | Allowed | Legal | Legal by regulation | |
West Virginia | Permitted within state regulations | Illegal | Not Allowed | Illegal | Legal by regulation | |
Wisconsin | Prohibited | Incidental only. | Allowed with license | Illegal | Illegal | |
Wyoming | Prohibited | Legal | To be determined | Illegal | Legal by regulation |