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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 | Retail | Sale for Human Consumption | On Farm Sales | Off-Farm Sales | Sale for Animal Consumption | Herd Shares Sales | Additional Details |
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Arizona | Legal w/ regulations | Legal within state regulations | Legal | Legal | Legal | No law | Products must carry a warning label, farmer must have a producer-distributor license and use state-a... |
Idaho | Legal w/ regulations | Legal only for milk from state-authorized producers | Legal with license | Legal w/ permit | Legal | Legal by regulation | Raw milk cannot be sold to restaurants or food service establishments.
The advertising of raw milk s... |
Oregon | Legal w/ regulations | Legal only for retail store sales of goat or sheep milk. | Legal | Illegal | Legal | No law | On farm sales of raw cow, sheep, or goat milk are permitted, so long as the milk is bottled on premi... |
Washington | Legal w/ regulations | Legal w/ license | Legal | Legal / Retail only | Legal within state regulations | Legal w/ license | Products must be labeled. |
Alaska | Legal w/ annual registration | Legal w/ annual registration | Legal w/ annual registration | Legal w/ annual registration | Legal | Legal w/ contract | All raw milk producers under these regulations must register with the DEC Office of the State Veteri... |
California | Legal | Legal | Legal | Legal | Legal | Legal | Raw milk is legal for retail sale, but the producer’s facilities must be inspected and a license obt... |
Connecticut | Legal | Legal | Legal | Illegal | Legal | Legal | Off farm sale is legal for raw milk cheese, aged over 60 days, and produced by a licensed producer.... |
Maine | Legal | Legal | Legal | Legal | Legal | No law | Products must be labeled "not pasteurized". |
Nevada | Legal | Legal within state regulations | Legal | Legal | To be determined | No law | Only one county has a milk commission currently, and there are no dairies licensed to sell raw milk ... |
New Hampshire | Legal | Legal | Legal | Legal | To be determined | No law | On and off farm sale only directly to the consumers. |
New Mexico | Legal | Legal | Legal | Legal | Legal | No law | Raw milk retail sales of “Grade A” designated milk and milk products are permitted, and the producer... |
Pennsylvania | Legal | Legal | Legal | Legal | Legal with license | No law | Permit required. |
South Carolina | Legal | Legal | Legal | Legal | Legal | No law | Raw milk is subject to the same requirements and standards as pasteurized milk, including facilities... |
Utah | Legal | Legal within state regulations | Legal | Legal | Legal within state regulations | Legal | Utah does allow sales in retail stores under certain circumstances as well as delivery off the farm ... |
Wyoming | Legal | Illegal | Legal | Legal | To be determined | Legal | As of July 1, 2023, Act amendments allow sales to an end consumer by the producer or a designated ag... |
Alabama | Illegal | Legal | Illegal | Legal with license | No law | Only Grade A pasteurized milk for human consumption may be sold.
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Arkansas | Illegal | Illegal | Legal | Illegal | To be determined | No law | On-farm sales of goat and cow raw milk are legal at a volume of less than 500 gallons per month. |
Colorado | Illegal | Legal | Illegal | Illegal | Legal with license | Legal | Raw milk must be labeled. Group pick-up and delivery is allowed among herd share co-owners. Share ag... |
Delaware | Illegal | Illegal | Illegal | Illegal | To be determined | No law | Delaware has adopted the Federal regulations regarding milk sales. Sales of all raw dairy is prohibi... |
District of Columbia | Illegal | Illegal | Illegal | Illegal | To be determined | No law | Raw milk cannot be legally purchased. DC has adopted USDA standards which require pasteurization of ... |
Florida | Illegal | Illegal | Illegal | Illegal | Legal | Illegal | |
Georgia | Illegal | Legal within state regulations | Illegal | Illegal | Legal with license | Illegal | |
Hawaii | Illegal | Illegal | Illegal | Illegal | To be determined | No law | |
Illinois | Illegal | Legal within state regulations | Legal | Illegal | Legal | Legal | Dairy farm must have a dairy farm permit and a distribution point permit. |
Warning signage must be ... |
Indiana | Illegal | Illegal | Illegal | Illegal | Legal with license | No law | Raw milk for animals can only be purchased from the farm in bulk. |
Per Indiana statutes, milk and m... |
Iowa | Illegal | Illegal | Legal | Illegal | To be determined | Legal | For on-farm sales, only 10 animals actively producing milk are allowed and there are certain testing... |
Kansas | Illegal | Illegal | Legal for butter, cream, and milk | Illegal | Legal | No law | |
Kentucky | Illegal | Legal for goat milk only with doctor’s prescription | Illegal | Legal | No law | The farmer must maintain records concerning physician recommendations and the volume of goat milk so... | |
Louisiana | Illegal | Illegal | Illegal | Illegal | No law | Only Grade A pasteurized milk is allowed to be sold. | |
Maryland | Illegal | Illegal | Illegal | Illegal | Legal | Illegal | |
Massachusetts | Illegal | Legal within state regulations | Legal | Illegal | Legal | Illegal | Grade A raw milk is allowed to be sold for retail. |
Michigan | Illegal | Illegal | Illegal | Illegal | Legal | Legal for milk and cream | Herd shares require: Signed and dated written contract; workable means of communication; that milk i... |
Minnesota | Illegal | Illegal | Legal | Illegal | Legal | No law | Pasteurization requirement does not apply to milk, cream or skim milk occasionally secured or purcha... |
Mississippi | Illegal | Illegal | Legal for goat milk only | Illegal | To be determined | No law | On farm sales are allowed, but they are limited to incidental sales of goat milk only. “Incidental” ... |
Missouri | Illegal | Legal | Legal | Legal | Legal | No law | A producer may only sell at a farm stand or other limited retail type establishment if they comply w... |
Montana | Illegal | Illegal | Legal | Legal | To be determined | Legal by regulation | Small dairy farms may sell or deliver raw milk if produced with no more than 5 lactating cows, 10 la... |
Nebraska | Illegal | Illegal | Legal | Illegal | To be determined | No law | Must be sold directly from farm to consumer |
New Jersey | Illegal | Illegal | Illegal | Legal with license | Illegal | ||
New York | Illegal | Legal | Legal with license | Illegal | Legal | Legal by regulation | Currently permits are only issued for sale of fluid raw milk. |
North Carolina | Illegal | Illegal | Illegal | Illegal | Legal with license | Legal | |
North Dakota | Illegal | Illegal | Legal | Legal | To be determined | Legal by regulation | New law in effect 8/1/23: allows raw dairy producers to sell raw milk to the end consumer for person... |
Ohio | Illegal | Illegal | Illegal | Illegal | To be determined | Legal | Raw milk sales are illegal in Ohio, but there is a grandfather provision for those engaged in the co... |
Oklahoma | Illegal | Illegal | Legal | Illegal | Legal | No law | Incidental raw milk sales on the farm and direct to consumers are permitted without a license. Incid... |
Rhode Island | Illegal | Legal w/ restrictions | Legal for goat milk only with doctor’s prescription | Legal / Goat milk only with doctor’s prescription | To be determined | No law | Sales of fluid raw milk and raw milk products (with the exception of licensed raw milk cheese) are g... |
South Dakota | Illegal | Legal | Legal | Legal | Legal | No law | On farm and delivery direct from the farm sales are legal, if the producer has first completed an ed... |
Tennessee | Illegal | Illegal | Illegal | Illegal | Legal | Legal | Direct sales are allowed for pet consumption only. Must be labeled as pet food. |
Texas | Illegal | Legal | Legal | Legal | To be determined | Legal by regulation | Direct to consumer on-farm sales are legal, so long as producer/seller has a state permit |
Vermont | Illegal | Legal | Legal | Legal by regulation | Legal within state regulations | No law | For human consumption - No license required if producer sells no more than 25 quarts of milk per day... |
Virginia | Illegal | Illegal | Illegal | Illegal | To be determined | No law | Sale of raw milk and raw milk products are illegal in Virginia.
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West Virginia | Illegal | Legal within state regulations | Illegal | Illegal | Legal if labeled | Legal | Sale of raw milk is illegal in the state. Herd shares are permitted but must be registered and share... |
Wisconsin | Illegal | Illegal | Incidental only | Illegal | Legal if labeled | Illegal | Dairy farmers may issue ownership interests in the form of shares in the underlying milk production ... |