United States
Click here to find out What's Happening
with Real Milk in other countries
In an attempt to help consumers find locally produced Real Milk, we have
compiled the following list describing the potential availability and
legal situation on a state-by-state and country-by-country basis. We cannot
vouch for the accuracy of the following list. If you have corrections
or additions, please email them to
. See the "Where" section for a listing of dairies by state and country.
US Summary: Sales of raw milk are legal in 28 out of 50 US states,
which is better than half. If you include the states which permit the
sale of raw milk for animal consumption (implying that human consumption
is feasible) then the total is 33 out of 50 states, which is two-thirds.
In some of the remaining states (such as Colorado, Virginia and Wisconsin)
raw milk is available through cow share programs. Our goal: Raw milk available
to consumers in all 50 states and throughout the world!
Write to your government leaders and let your voice be heard. You can
find your state representative's contact information here: http://www.house.gov/writerep/
NATIONAL NEWS: USA Today carried an article
on raw milk, August 7, complete with information on Organic Pastures raw
milk dairy in California and the Weston A. Price Foundation's Campaign
for Real Milk. Of course, the article quotes FDA officials likening the
consumption of raw milk with "playing Russian roulette with your
health," but there were plenty of quotes from satisfied raw milk
consumers. Internal Medicine News, which reaches 100,000 medical
doctors is planning to run a "Point/Counterpoint" piece on the
question "Should physicians advise patients to avoid drinking raw
milk?" Our own Dr. Tom Cowan will be participating.
Update August 2007: National Conference on Interstate
Milk Shipments (NCIMS): The 31st National Conference on Interstate Milk
Shipments was held May 5-10, 2007 in Salt Lake City, Utah. The main purpose
of the conference is for the delegates (dairy officials from each of the
fifty states) to the general assembly of the NCIMS to deliberate and vote
on proposals submitted to it; proposals which have passed can result in
amendments to the Pasteurized Milk Ordinance (PMO), the model milk sanitation
regulation governing the interstate shipment of milk and milk products.
Nearly all states have adopted the PMO as law to govern the intrastate
shipment of milk and milk products as well. There was a proposal to the
2007 conference to expand the PMO’s ban on the sale of raw milk
to include any dairy animal share program. If the amendment had passed,
any state adopting the most current revision of the PMO would have effectively
made cow shares illegal if their state law were silent on the issue. Only
a handful of states have laws directly addressing the validity of cow
shares.
Fortunately, the support was not there for the proposal to pass; and
its proponents submitted a substitute proposal calling for a study committee
“to look into means to prevent animal/herd shares and other practices
used to circumvent food safety regulations.” This proposal passed
and the study committee will report its findings at the 2009 NCIMS. One
state dairy official at the conference stated that she believed there
would never be enough votes to pass a cow share ban a any future NCIMS.
In addition to the following legal situation SUMMARY, click
here for a state-by-state listing of real milk statutes and administrative
codes.
Alabama
Raw milk sales for human consumption are illegal. Raw milk sales for animal
consumption are legal if the farmer has obtained a commercial feed license.
There are currently no raw milk producers in the state with a commercial
feed license.
Alaska
Alaska has banned the sale of raw milk for human consumption. The ban
does "not apply to a person who owns a cow, goat or sheep and uses the
milk from the animal for that person's personal use. "With this exception,
not limited to farmers or those who live on farms, cow-share programs
and any kind of boarding agreement are legal. Raw milk sales for animal
consumption are legal.
Arizona
Arizona permits the sale of raw milk and raw milk products as long as
they carry the required warning label. Their sale can take place on the
farm and in grocery stores. Farmers selling raw milk and cream must obtain
a producer-distributor license. Selling other raw dairy products
requires obtaining a producer-manufacturer license in addition. There
must be state approved bottling equipment on the farm. There are currently
two licensed farms selling raw milk and raw milk products in the state.
Update Spring 07
Arizona is one of eight states where consumers can purchase raw
milk in stores and at distribution points, and raw milk is
now widely
available in the state. However, the United Dairymen of Arizona
had legislation introduced—SB 1367—that would have restricted
the sale of raw milk to the farm. Fortunately, the
bill was defeated. We’ll
keep a close
watch to see whether the bill is reintroduced next year.
Update 22 April 06
Crème de la Moo is again state permitted and certified
organic with new organic dairy, Save Your Dairy LLC. Retail sales
began at the Farm Shoppe 20 December 2005 and to select retail
stores
20 March 2006 on finding an affordable state-approved refrigerated
van.
Update 17 April 06
On the 15th of December 2005 Creme de la Moo was state permitted
and certified organic to bottle raw milk with new organic dairy,
Save Your Dairy LLC. A single impassioned investor made the new
dairy possible. Creme de la Moo owners have worked tirelessly to
make it happen and exceed all state and organic requirements. Arizona
once again has organic raw milk.
Update 24 AUG 05
In March, raw milk became available in Tucson stores, thanks to
the efforts of Judi Dawn and her company Crème de la Moo.
A contract had been worked out with a local organic dairy, Mombe
Dairy, to purchase their raw milk for bottling. However, no sooner
had her products appeared in stores than the United Dairy folks
of Arizona met in secret and then reneged on her contract with the
dairy, in violation of previous agreements. They are now looking
into options to get the business going again. |
Arkansas
Raw milk sales in Arkansas are illegal with one exception. Arkansas permits
the sale of up to 100 gallons of raw goat milk per month directly to consumers
on the farm where the milk is produced.
California
Sales of raw milk and raw milk products are legal both in stores and on
the farm. In order for raw milk to be sold legally, it must be 'market
milk. 'This is milk that meets the standards provided in the Milk and
Milk Products Act of 1947.
Under the Act, market milk is graded and designated into three classes:'certified
milk,' 'guaranteed milk,' and 'Grade A milk. 'Of the three classes, only
Grade A raw milk is available for sale today in California. The standards
for guaranteed raw milk to be market milk are more stringent than those
for Grade A raw milk. While the Milk and Milk Products Act calls for county
milk commissions to set the standards for certified raw milk, not a single
county milk commission still exists.
Raw milk dairy farmers need market milk permits in order to produce their
product. In addition, any person engaged in an aspect of the milk business
that falls under the statutory definition of milk products plant must
obtain a milk products plant license. There is an exemption from the license
requirement, however, for "any producer whose business consists exclusively
of producing and distributing raw market milk produced by such producer."
Raw milk and most raw milk products require warning labels. Municipalities
and counties in the state have the power to establish compulsory pasteurization
laws but only Humboldt County has done so.
Update Spring 07
CBS Evening News featured Organic Pastures Dairy in a February
20 segment on probiotics. The piece contained extremely positive
reporting
on the benefits of raw milk, and no detractors.
Update 24 AUG 05
Organic Pastures now has a new distributor which is putting their
raw milk in 500 stores up from 225. Demand is so great that they
are selling all of their milk from about 330 cows, which graze on
pasture and are even milked in the pasture via a portable milking
parlor.
Read more updates from Organic Pastures
of Kerman, CA. |
Colorado
The state's Grade A Pasteurized Milk and Fluid Milk Products Regulations
prohibit the sale of raw milk. The regulatory definition of sale does
not include cowshare programs. The Board of Health, the rule making body
for the Department of Public Health and Environment, voted against a proposed
regulation that would have extended the definition of sale to "the sale
of undivided shares or interests in a cow or dairy herd."
In 2005 the Colorado General Assembly passed legislation codifying the
exemption of cowshare programs from the definition of sale. Consumers
can now acquire raw milk legally in the state if the following conditions
are met:
- "The milk is obtained pursuant to a cow share or goat share.
The cow or goat share is an undivided interest in a cow, goat or herd
of cows or goats" formed by a written contract between a consumer
and a farmer that includes a legal bill of sale and a boarding contract.
- The owner of the cow or goat share shall receive raw milk direct from
the farm where the cow, goat or dairy herd is located and the farm is
registered. The farmer complies with the state requirements for registration
when he provides the Colorado Department of Public Health and Environment
with a written statement containing:
a. The name of the farmer, farm or dairy,
b. A valid, current address of the farmer, farm or dairy; and
c. A statement that raw milk is being produced at the farm or dairy.
- The milk containers the farmer provides to the consumer must have
a label with the warning statement that the milk is not pasteurized
- The farmer must provide the consumer with information regarding"
a. Standards the farmer maintains with respect to herd health.
b. Standards the farmer maintains in the production of milk from
the herd
c. Results of testing done on cows or goats that produce the milk.
d. Results of testing done on the milk.
e. An explanation of the tests and test results.
The state prohibits the redistribution of any raw milk cow or goat share
owners obtain.
Farmers running cowshare programs can only distribute unpasteurized "fluid
milk products" legally. Under state regulatory definitions, this would
include milk, cream, yogurt, and cottage cheese. This would not include
butter and cheese. State regulations define butter and cheese as manufactured
milk and dairy products. The state code prohibits any cowshare programs
involving manufactured milk and dairy products.
Raw milk sales for animal consumption are legal if the farmer treats
the milk with a dye approved by the Department of Public Health and Environment
prior to sale.
Details
Guidestone Farm was given clearance to operate a cow-share
program by the Colorado health department in 1994. For eight years,
they have operated quietly, without any problems, providing raw
milk to more than 150 families. Now other farmers are becoming interested
in doing cow-share programs—more and more people want access
to raw milk—so naturally the state is trying to shut the program
down. In a letter dated February 27, 2003, Dan Trimberger of the
Consumer Protection Division announced proposed regulatory changes
that would make cow-share programs illegal.
State officials recently met with consumers to discuss the proposed
changes—and were unprepared for the quality of the testimony
they heard. Consumers argued for their right to freedom of choice,
health professionals delineated the health benefits of raw milk,
and two lawyers—one for Guidestone and one for the Colorado
Farmers' Union—pointed out that legislation against cow share
programs would be unconstitutional. Officials left the meeting with
their tails between their legs, stating that the current law would
stand until further deliberations. |
Update 24 AUG 05
Raw milk lovers are celebrating the passage of a bill to legitimize
cow-share programs in the state, signed into law by the governor
on April 22. Says James Dean, the lawyer who guided this bill through
many hurdles: “What a marvelous effort this was on the part
of hundreds of people. It literally took the organized effort of
hundreds. Without each of them, we might not have made
it. . . . I often think that people do not realize the degree of
effort it takes to turn government around. People often do not recognize
the various ties to different interest groups which must be built
and the compromises that must be reached for this kind of effort
to be successful.” |
Connecticut
Raw milk sales are legal on the farm and in retail stores. In order to
operate legally farmers must obtain producer permits and raw milk retailer
permits from the State Agriculture Commissioner. Additionally, they must
obtain a milk dealer license from the public health board of the town
or city where their farms are located.
The state Milk Regulation Board has issued a regulation on the quality
standards for retail raw milk. The state does not charge any fees for
the testing required to ensure the quality of the milk. Notwithstanding
the quality standard regulation, towns and cities have the power to ban
the sale of retail raw milk. At the present time, only two towns have
done so.
Details
Raw milk drinkers got a scare when a bill was introduced in the Environment
Committee that would have outlawed not only the sale of raw milk,
but would also have banned giving it away. The bill's sponsors argued
that the bill was needed because "if anyone got sick drinking raw
milk, it would give all milk sold in the State of Connecticut a bad
name," rather incredible logic since no one in the state has ever
gotten sick because of raw milk. Dairy farmer Deb Taylor rounded up
her customers and met with committee members, explaining in friendly
terms the importance of raw milk sales for her livelihood and for
their health. Many committee members were sympathetic and the bill
died in committee. This shows the importance of well-organized, nonconfrontational
lobbying efforts in support of raw milk sales. |
Delaware
Raw milk sales are illegal. The state has adopted the 2001 version of
the Pasteurized Milk Ordinance in its entirety.
District of Columbia
Raw milk sales are illegal but raw milk is available through cow share
programs in nearby Virginia.
Florida
Raw milk sales for human consumption are illegal. The Department of Agriculture
and Consumer Services interprets the definition of "sell" in the state
administrative code to extend the ban on raw milk sales to any cowshare
agreements as well.
Department of Agriculture policy permits the sale of raw milk for animal
consumption even though there is no state law that covers this issue.
The state permits raw milk sales for animal consumption either on the
farm or in retail stores. Containers should have a label clearly stating
that the raw milk is for animal consumption only.
Georgia
The state has banned the sale of raw milk for human consumption through
its interpretation of the Georgia Dairy Act of 1980 and also through its
adoption of the 2003 version of the Pasteurized Milk Ordinance.
The sale of raw milk for animal consumption is legal if the distributor
is licensed under the commercial feed laws. The Department of Agriculture
currently has several distributors of raw goat milk for pet food under
license.
Hawaii
Raw milk sales are illegal.
Idaho
Even though state law permits the sale of raw milk if the farmer obtains
a retail raw milk license,
in practice the Idaho Dept. of Agriculture refuses to license anyone to
sell raw milk.
There has not been a retail raw milk licensee in the state for the past
15 years. According to the state Department of Agriculture, the biggest
reason no one has sold retail raw milk during that time is the requirement
that 'bottling and packaging of retail raw milk and retail raw milk products
shall be done on the premises where produced in approved mechanical equipment.
'Several small farmers have contacted the state about obtaining a raw
milk license but the cost of constructing a milk plant has discouraged
them from doing so.
| Update, Summer 2006:
Steve Campbell and Peter Dill are working with Mary Patton, the
Idaho state agricultural representative to come up with rules, regulations
and testing protocols for micro-dairy on-farm sales of raw milk.
Steve can be contacted at trinityc3@frontiernet.net. |
Illinois
Raw milk sales are legal on the farm if the farmer complies with the following
conditions:
- No advertising the sale of raw milk.
- Customers must bring their own individual containers. If the farmer
uses his own container to bottle the milk, he is operating a "milk plant"
according to the Department of Health Regulations, and the milk must
be pasteurized. The farmer can only collect the milk in the customer's
container. The farmer cannot process the milk in any way. Sales of raw
cream and raw butter are illegal.
- The farmer must produce the milk "in accordance with the Department
(of Public Health) rules and regulations. "The Department does not apply
these rules and regulations, including the permit requirement, to farmers
with just a few cows who sell raw milk only on the farm.
Update, 18 NOV 2004
An employee in the Illinois Department of Health told me
of two additional conditions farms selling raw milk must comply
with:
- No advertising the sale of raw milk.
- Customers must bring their own individual containers.
- The customer MUST put the milk from your container into their
container.
You can NOT sell or give away the milk in the containers you store
it in because then you would be considered a bottling facility and
subject to state regulations.
The state official also said that if the farmer has just a few
cows and sells raw milk only on the farm not to pasteurization plants,
not subject to inspection, etc., it is not necessary to comply with
state regulations on the production of milk. |
Indiana
Raw milk sales for human consumption are illegal. Cowshare programs exist
in the state and are legal. Cowshares do not constitute a "sale" under
the statutory definition of the word.
Raw milk sales for animal consumption are legal on the farm and in stores
if the farmer has obtained a commercial feed license from the state.
| Details
A group of farmers and consumers is working on the liberalization
of raw milk sales in Indiana and several active cow-share programs
are underway, with state approval. If you would like to help, contact
Steve Bonney at
or (765) 463-9366.
Update, Spring 07
In what may turn out to be the most important test case yet for
the raw milk movement, the United States Food and Drug Administration
has recently sent a “Warning Letter” to Indiana farmer
David Hochstetler of
Forest Grove Dairy, informing him that the agency has determined
David
distributed unpasteurized milk and cream for human consumption in
interstate commerce, violating the regulation codified in Title
21 Code of
Federal Regulations, section 1240.61(a) [21 CFR 1240.61]. David
has
entered into herd lease agreements with consumer cooperatives in
Michigan
and Illinois under the terms of which he provides raw dairy products
to
the cooperatives’ members. David has indicated that he will
contest FDA’s
finding of a violation on the grounds that the lease agreements
are
private contracts not subject to the agency’s jurisdiction.
Many consumers
are currently able to obtain raw dairy products from out-of-state
sources
only. FDA enforcement action against David Hochstetler could make
suppliers of raw dairy products more reluctant to ship interstate,
effectively denying to many the freedom to consume foods of their
choice.
Conversely, an FDA decision not to enforce the regulation against
David
would make producers more willing to ship raw dairy products interstate
and would increase their chances of being able to opt out of the
dairy
cooperative system and the poverty-level prices paid its members.
21 CFR
1240.61 is an oppressive regulation which makes no distinction between
milk from confinement cows and milk from cows on pasture. It particularly
penalizes farmers like David Hochstetler who have an exemplary track
record for producing clean, safe milk. For many years David held
a Grade
A license from the state of Indiana; during that time, tests for
bacteria
in the milk he produced consistently showed levels well below the
limit
required for pasteurized milk under the Pasteurized Milk Ordinance
(PMO),
the governing document for interstate shipments of milk to be sold
at
retail. Overturning the regulation in court would be costly and
take years
to accomplish. A more realistic goal would be to put enough public
pressure on FDA so that they don’t enforce the regulation.
We have sent
out an Action Alert asking our members nationwide to contact FDA
officials.
Update, Winter 2006
In a related incident, on October 20, agents from the Indiana Department
of Agriculture and the Food and Drug Administration (FDA) visited
the farm of an Amish dairy farmer and member of the Family Farms
Coop in Middlebury, Indiana. Agents gained permission for an inspection
of the dairy by threatening to return with a search warrant and
the state police if refused. Agents returned on Monday, October
23 with an affidavit of the inspection and interview details for
the farmer to sign, which he refused. Milk deliveries are continuing
as before and no charges have been filed against the farmer.
Update, August 2007
Indiana: Richard Hebron and the other members of Family Farms Cooperative
(FFC) have a lease agreement with David Hochstetler, the owner of
Forest Grove Dairy in Middlebury, Indiana, pursuant to which they
obtain raw milk and raw milk products. When Michigan Department
of Agriculture executed the search warrant on the Hebron’s
farm, they found copies of the lease contract about which they alerted
the Food and Drug Administration (FDA). Shortly afterwards, FDA
sent an inspector to the Forest Grove Dairy, and several months
later (February 8, 2007) issued a warning letter to Hochstetler.
The letter alleged that Hochstetler had violated the federal regulation
(21 CFR 1240.61) prohibiting the delivery into interstate commerce
of raw milk and raw milk products in final package form for human
consumption. After meeting with FDA officials March 6,
Hochstetler sent a written response to the agency on March 20 denying
he had violated the federal regulation. Hochstetler claimed that
the regulation only prohibited the sale of raw milk in interstate
commerce and that his lease contract with FFC did not constitute
a sale. He also stated that enforcing the regulation against him
would be discriminatory since the raw milk produced at his farm
consistently tested well below the bacteriological standards required
by the federal government for pasteurized milk to be shipped in
interstate commerce. At this time, FDA has yet to respond to Hochstetler’s
letter. If FDA does take enforcement action against Hochstetler,
they will stop the distribution of raw milk products across state
lines to members of FFC. While MDA has acknowledged that herd lease
agreements are not against the law in Michigan, it has indicated
that if requested by FDA it will assist in stopping the distribution
of raw dairy to FFC due to a cooperative agreement it has with the
federal government.
|
Iowa
Raw milk sales are illegal. There have been reports of violators being
prosecuted.
Kansas
"On-farm retail sales" of raw milk and raw milk products are legal to
the "final consumer." The farmer can only advertise the sales of raw dairy
with a sign posted on the farm. The sign must state that the milk or milk
products are raw. Farmers must clearly label as "ungraded raw milk" each
container of unpasteurized milk for sale.
Farmers whose business consists only of on-farm sales of raw milk do
not need a license to operate. The Department of Agriculture considers
farmers selling raw butter or cream to be running a "dairy manufacturing
plant" and requires them to obtain a dairy manufacturing plant license.
The state does not inspect farmers selling raw milk and raw milk products
on a routine basis like they inspect farmers selling Grade A raw milk
for pasteurization. They only inspect raw milk and raw milk product sellers
if there is a complaint.
Kentucky
Raw milk sales are illegal with one exception. An individual with a written
recommendation from a physician may purchase raw goat milk. The goat milk
producer must have a permit from the state Cabinet for Health Services
and can only sell raw milk directly to individuals on the farm. Goat milk
producers must keep the written recommendation statement on file for at
least one year. In addition, "the producer shall keep on file records
stating volume of unpasteurized goat milk sold and date of sales to each
person having submitted a written recommendation statement."
| Update, Spring 07
Kentuckians for Raw Milk (www.kyrealmilk.com),
led by WAPF
member Ray Kruse, is mounting a well-orchestrated campaign for passage
of HB 298, which would legalize raw milk sales in Kentucky. Their
efforts
include press releases, public service announcements and contacts
with
legislators and government officials. Unfortunately, the bill has
been
sent to the Health and Welfare Committee for review, rather than
to the
Agriculture and Small Business Committee, where they have more support.
Still, there are members of Health and Welfare who support the bill.
Update, Fall 2006:
There is a new website created by producers in Kentucky.
Kentuckians for Real Raw Milk: www.kyrealmilk.com
Update, Summer 2006:
KENTUCKY: The House Agriculture Committee narrowly defeated a bill
to legalize raw milk sales. Advocates are not giving up and plan
to re-introduce the bill next year.
Update, Winter 2006
Gary Oaks--who was so rudely treated by state and federal agents
during a drop off in Ohio for his cow share owners (see Wise
Traditions, Summer 2006)--has moved to a new farm, where he
expects less harassment from his hostile neighbor. He continues
to operate his cow share program, but only in the state of Kentucky.
Meanwhile, raw milk supporters are cautiously optimistic about passage
of legislation allowing on-farm sales of raw milk next year.
Update, Winter 2006
Double O Farms, which provides milk through a cow share program,
has enjoyed outstanding support from its shareholders since a harassment
incident against owner Gary Oakes last March, which occured while
he was delivering milk in Ohio. Shareholders have helped with milking,
bottling, dispensing . . . and all the bills, to help the farm get
back on track. (See the wonderful article by David E. Gumpert posted
at www.businessweek.com/smallbiz.)
Meanwhile, a bill to legalize the sale of raw milk in Kentucky has
sponsors in both the House and the Senate, thanks to efforts by
the Kentucky Campaign for Real Milk, headed by Ray Kruse. Hearings
will take place in early 2007. |
Louisiana
Raw milk sales are illegal. State law prohibits the Department of Public
Health from "setting up standards lower than those as set forth in the
U. S. Public Health Service Pasteurized Milk Ordinance and Code." Likewise,
parishes and municipalities cannot adopt local milk ordinances that conflict
with the PMO.
Maine
Raw milk sales are legal on the farm and in retail stores. Raw milk and
raw milk products must have a label on the product containing the words
"not pasteurized." Farmers do not have to obtain permit to sell raw milk
if their sales are only on the farm and they do not advertise.
Maryland
Raw milk sales are illegal.
Details
Cow-share programs are greatly needed in this state. Spiritual Food
for the New Millennium, a Bethesda food co-op, is spearheading efforts
to change the regulations and set up a farm-share program based
on the Wisconsin model. They are working with a biodynamic farmer
in the Eastern Shore and with Edgar J. Asebey, a lawyer with experience
in environmental and regulatory law. Tim Wightman will be helping
them with technical advice. What's needed is help with the financing.
This is a key program and one that could really expand the Campaign
for Real Milk. If you are interested in helping, contact Edgar at
(240) 354-6870 or
.
Update, Summer 2006:
The Maryland Department of Health and Mental Hygiene has proposed
a change to the Maryland Administrative Code Section 10.15.06, which
would define cow share agreements as a sale and thereby prohibit
them as a way for consumers to obtain raw milk in the state of Maryland.
The state received almost 100 letters opposing these regulations,
which contradict Title 16, Section 401 of Maryland law, which recognizes
the right of an owner of dairy livestock to contract with another
for the boarding and care of livestock. Those who wrote letters
received a form letter from Ted Elkins, Deputy Director, Office
of Food Protection and Consumer Health Services, filled with unsupported
claims and inaccuracies regarding raw milk. (A reply to Mr. Elkins
is posted at realmilk.com.) Our efforts are now focused on persuading
a Maryland senator or representative to request a hearing on this
important issue—it only takes one to request such a hearing.
Should the state of Maryland be successful in outlawing cow share
programs through an administrative process, this would set a dangerous
precedent in other states. We ask all our members to respond to
the Action Alerts that we are sending out on this situation.
Update, Winter 2006
New regulations in Maryland define cow-share agreements as constituting
a "sale" of raw milk, and therefore illegal--regulations
adopted by the Department of Health without any hearing, in spite
of numerous requests. But we have not given up. Maryland activists
are planning to request a summary judgement against a change of
regulations by an agency rather than the legislature, as required
by Maryland law. Plans for legislation allowing on-farm sales of
raw milk are also in the works.
Update, Winter 2006
A Maryland farmer has filed a complaint in the Circuit Court of
Maryland against the Maryland Department of Health and Mental Hygiene
and the Division of Milk Control for injunctive relieve and a declaratory
judgement, arguing that recent changes in the dairy regulations
to prohibit cow share programs exceeded the statutory authority
of these agencies. The suit asks for a permanent injunction restraining
and prohibiting the enforcement of the recently imposed sanction
against cow share programs. |
Massachusetts
The state legislature has granted the power to city and town boards of
health to determine whether raw milk sales are legal. If the local board
of health makes raw milk sales legal, farmers must follow state regulations
on the production and sale of raw milk, including the following:
- A five day maximum period for the sale of retail raw milk commencing
from the time the farmer fills the container. Each container of retail
raw milk must indicate the last date on which the container may be offered
for sale.
- The farmer shall label the product "Raw cow's milk" or "Raw goat's
milk" and the label shall include the name, address, and zip code of
the producing farm.
- All retail containers of raw milk shall have the following warning
on the label:"Raw milk is not pasteurized. Pasteurization destroys organisms
that may be harmful to human health."
- A sign must be posted in the area where the raw milk is sold, stating
"Raw milk is not pasteurized. Pasteurization destroys organisms that
may be harmful to human health."
According to the state Department of Agricultural Resources, raw milk
sales are legal on the farm and in retail stores. While the Department
of Agricultural Resources regulates on farm sales, it is the responsibility
of the local health boards to regulate store sales of raw milk.
Like dairy farmers selling raw milk to pasteurization plants, farmers
selling retail raw milk must obtain a vendor's license from the milk inspector
in the town nearest to their farm. Farmers who sell twenty quarts of milk
a day or less are exempt from this requirement.
Michigan
Raw milk sales are illegal. Michigan was the first state to pass mandatory
pasteurization laws—the year was 1948—and has some of the
strictest milk laws on the books. Farmers may not even sell raw milk from
the farm. In 2002, at hearings on the revision of the Michigan State Dairy
Code, the industry attempted to amend the code to make it illegal for
dairy farmers, their family members, their farm workers, and even their
farm animals to drink the farm's raw milk. This plan was fortunately dropped,
due to the efforts of dairy farmer Chuck Oliver and members of the local
chapter of the Weston A. Price Foundation.
The state is aware of at least four cow share programs that currently
exist. While the state department of agriculture has not approved of any
of the cow share programs, they have not tried to shut any of them down.
| Update, Spring 07
Raw milk supporters are still waiting to hear whether the Cass
County prosecutor will file charges against Richard Hebron after
the
Michigan Department of Agriculture’s (MDA) cops-and-robbers
sting
operation against his Family Farms Coop in October. Supporters have
collected over 220 raw milk testimonials. One MDA official divulged
the
state attorney general’s statement that MDA had no jurisdiction
over cow
share programs, leading to talk of a settlement. Related developments
in
Indiana (see above) complicate matters.
Update, Winter 2006
On October 13, 2006, the Michigan Department of Agriculture (MDA)
executed a sting operation against Richard Hebron and the Family
Farms Coop (FFC), a private membership farm cooperative with about
1,000 members in Michigan and Illinois. Michigan state police and
MDA agents pulled Hebron over on his way to his weekly Ann Arbor
distribution site, served him a search warrant for the contents
of his truck and seized all the products he was delivering. At the
same time Hebron was stopped on the road, officers served Hebron's
wife Annette with a search warrant on their farm and seized their
computer, all cow share records, cow herd release agreements, rolodex,
invoices, current order sheets, product sheets, delivery schedules,
and all raw dairy products in storage. In an affidavit left with
Annette Hebron, an instance of illness among children of one of
the member families was documented as impetus for the investigation.
The illness had occurred in April, six months earlier, but did not
actually involve consumption of raw milk at all. The family had
missed the previous week's milk delivery and had purchased commercial
milk from a grocery store. Three days later all children had become
violently ill with gastrointestinal symptoms. The mother's casual
remark to their doctor about the family also drinking raw milk led
to the notification of the county health department, and then the
department of agriculture. No investigation into the actual cause
of the children's illness has ever been made. MDA planted a "mole"
in the group last May, who signed a lease agreement after being
refused purchases of milk and who subsequently obtained various
products through the lease agreement between May and October 2006.
It was noted in the warrant that the milk was tested by the Michigan
Department of Agriculture on more than one occasion. The tests confirmed
that the milk was raw and of very high quality. At this date, no
charges have been made against the Hebrons and milk deliveries are
continuing as before.
Update, March 2007
Click here to read about what
the power of testimonials has done for MI.
Click here to read Michigan
raw milk testimonials.
Update, August 2007
Michigan: Richard Hebron, the owner of Hebron Family Farms and manager
of Family Farms Cooperative (FFC), reached a settlement agreement
with Cass County’ s Prosecutor’s Office, the Washtenaw
County Prosecutor’s Office and the Michigan Department of
Agriculture (MDA) on April 20. Last fall MDA agents stopped Hebron
on his way to a Co-op distribution site in Ann Arbor (Washtenaw
County) and served him a search warrant for the contents of his
truck. At the same time other MDA agents descended on Hebron’s
farm in Vandalia (Cass County) with a second search warrant. In
executing the two warrants the Department placed under seizure order
thousands of dollars of raw dairy and other food products, his computer
and cell phone as well as records pertaining to FFC’s operations.
MDA turned these records along with the results of their investigation
over to the Cass County Prosecutor last fall. The Cass County Prosecutor,
Victor Fitz, indicated that he was prepared to bring charges against
Richard Hebron, but urged the farmer and MDA to work out a settlement.
Under the terms of the agreement, Hebron will be able to continue
distributing the same products as before to FFC members. FFC has
a herd lease contract
with another farm and the settlement agreement specifically recognizes
that Richard may distribute raw milk to the co-op members pursuant
to the contract. Hebron and MDA agreed to submit to the Michigan
Department of Attorney General for an advisory opinion the question
of whether the farmer can distribute other raw dairy products to
the co-op as well. The Attorney General’s opinion on this
matter is not binding on either party. Hebron was not charged with
a crime nor assessed any criminal penalty. He did agree to pay MDA
an administrative fine and to destroy the remaining dairy
products MDA had placed under seizure. The Department has returned
to Hebron food containers, cell phone, computer and records taken
under the warrant. There is one unsettled aspect to Hebron’s
agreement with MDA which will be covered next. |
Minnesota
The Department of Agriculture prohibits the sale of raw dairy with the
exception of "milk, cream, skim milk, goat milk, or sheep milk occasionally
secured or purchased for personal use by any consumer at the place or
farm where the milk is produced." The farmer cannot advertise and customers
must bring their own containers. The state interprets "occasionally secured
or purchased for personal use" to mean that farmers cannot sell raw milk
to regular customers on a routine basis.
The Minnesota Constitution states that "any person may sell or peddle
the products of the farm or garden occupied and cultivated by him without
obtaining a license therefore." The Minnesota statutes also contain this
exemption. The state interprets this provision to apply to produce farmers
and their right to sell on site and at farmer's markets without a license.
The department does not apply the licensing exemption laws to raw milk
farmers with the limited exception of occasional sales to consumers on
the farm. Several farmers are contesting the department's interpretation
of the licensing exemption laws.
Update Spring 2004
The Minnesota constitution guarantees farmers the right to
sell the products of their farm or garden without a permit. The State
interprets that provision as forbidding delivery of raw milk and got
a favorable ruling when they took dairy farmer Mike Larson to court.
Mike plans to appeal but meanwhile, his customers have arranged car-pooling
to pick up milk at the farm. |
Mississippi
On-farm sales of raw goat milk are legal if the selling farm has no more
than nine milk producing goats lactating on it. The farmer cannot advertise
and must sell directly to the consumer.
Missouri
Farmers can sell raw milk and cream to the final consumer either on the
farm or through delivery without being required to have a permit. Those
interested in selling raw milk and cream other than on-farm or through
delivery (e.g., farmers markets) must obtain a retail raw milk permit
from the state and must have state approved bottling equipment on the
premises. In addition, farmers with a retail raw milk permit must comply
with state labeling regulations for raw milk and raw milk
products.
Montana
Raw milk sales are illegal. The state issued retail raw milk licenses
until 1998 when a number of illnesses blamed on raw milk consumption led
to the current ban.
Nebraska
On-farm sales of raw milk and cream to consumers are legal. Farmers
cannot advertise.
If a farmer's business involves only on-farm sales of raw milk, the farmer
does not have to obtain a permit and is not subject to state milk regulations.
Update, Summer 2006
FIRST RAW MILK SUMMIT MEETING: Almost 100 activists, including
a few from the dairy industry, met in Norfolk, Nebraska, May 26-27,
to come up with fact sheets and protocol for raw milk sales. The final
document will include suggestions for animal feed and husbandry, milking
techniques, equipment, testing, bottling, containers and storage.
The indefatigable Mark McAfee from Organic Pastures dairy in California
provided technical information on pathogens, cell counts and testing.
Raw milk activist Tim Wightman (formerly of Wisconsin but now moving
to Ohio) has agreed to coordinate all the input to the final document.
The document, which will be peer reviewed and endorsed by a number
of consumer and farm groups, will serve as a valuable tool for legislators
formulating laws dealing with on-farm sales of raw milk. We will keep
you updated as developments occur. |
Nevada
Raw milk sales are legal but, in practice, there are no raw milk
sales in the state.
In order for a farmer to obtain a permit from the state dairy commission
to produce and distribute raw milk, the county milk commission must first
certify the farm for the production of raw milk or a raw milk product.
Under state statute, the board of county commissioners must establish
the county milk commission. The county must issue regulations governing
the production and distribution of raw milk and raw milk products. These
regulations are not valid unless the State Board of Health and the State
Dairy Commission first approve them.
There has never been a county milk commission in existence at any time,
so to this point, there has been a de facto prohibition of raw milk sales.
There is a state law that permits the sale of raw milk and raw milk products
produced out of state if the producer follows the relevant Nevada statutory
requirements. However, one of the requirements is that the milk and milk
products receive an acceptable milk sanitation, compliance and enforcement
rating from a state milk sanitation rating officer certified by the United
States Public Health Service. The U. S. P. H. S. would not certify a state
employee who did not comply with the provisions of the Pasteurized Milk
Ordinance. The PMO bans the sale of unpasteurized milk to the final consumer.
New Hampshire
Raw milk sales are legal:
- On the farm
- Through home delivery
- Through the final consumer purchasing directly from a milk pasteurization
plant.
- At a boarding house provided that the milk is produced on the premises
and the boarding house dining room displays a sign stating that raw
milk is served therein.
Even though a state statute permits the sale of raw milk in retail stores,
the Department of Health and Human Services prohibits this because of
a New Hampshire administrative regulation that requires food service establishments
and retail food stores to sell only pasteurized fluid milk and fluid milk
products.
Raw milk producers who sell less than an average of twenty quarts of
milk per day do not have to obtain a license from the state. They are
not subject to state inspection either unless they sell to a milk plant.
New Jersey
Raw milk sales are illegal. To obtain other unpasteurized dairy products,
residents travel to Pennsylvania and New York, which both allow raw milk.
Organic grass-fed "Natural By Nature" pasteurized milk products
are sold in New Jersey.
Update, Winter 2007
Currently, New Jersey citizens are actively pursuing the
legalization of raw milk sales in our state. See www.gardenstaterawmilk.org
for information about the campaign and how you can help. |
New Mexico
Raw milk sales are legal if they farmer has obtained a permit from the
state Department of Agriculture. Even though state law allows the sale
of raw milk products, it has been the policy of the department to limit
the permit to raw milk sales only.
There is a labeling requirement that all containers of retail raw milk
must carry the statement "RAW MILK IS NOT PASTEURIZED AND MAY CONTAIN
ORGANISMS THAT CAUSE HUMAN DISEASE."
At the present time, there is one farm that has a permit to sell raw
goat milk. There are no other retail raw milk licensees in the state.
New York
Raw milk sales are legal on the farm. The farmer must have a license from
the state Department of Agriculture and Markets. The farmer must post
a sign at the point of sale that states, "Notice:Raw milk sold here. Raw
milk does not provide the protection of pasteurization." Raw milk vendors
can only sell to consumers.
The state routinely inspects retail raw milk for pathogens which is not
a requirement for raw milk for pasteurization.
Even though the seller's permit is currently for only the sale of raw
milk, the state is considering expanding the license to include the sale
of other raw dairy products.
Update, Spring 07
Another indication that cow share programs are getting under the
skin of dairy department bureaucrats comes from this state, where
an
inspector told a farmer that the state had “taken cow shares
to court and
won.” Not true! There has been no court case involving cow
shares in New
York.
UPDATE 27 APRIL 2003
We have a late-breaking report from Hawthorne Valley Dairy
in the Hudson Valley, which sells raw milk through their farm store.
State officials have shut down raw milk sales over the issue of
Staphylococcus aureus, a potentially pathogenic organism, in the
milk. Although no one has gotten sick and no one has complained,
officials want to set the accepted level at zero. The dairy will
be arguing for a count of 500, which is the European standard for
on-farm sales. This is clearly an attempt by the state to shut down
raw milk sales in New York. Hawthorne Valley and other raw milk
sellers will need dedicated consumer support to force the state
to set a reasonable standard.
UPDATE 21 JAN 2004
Good news! Hawthorne Valley has resolved the difficulty
and is selling raw milk again.
UPDATE 24 AUG 2005
The Cheesemakers Guild, a New York based organization,
sponsors many workshops on artisan cheesemaking. See www.nycheese.org.
The group is also keeping a close eye on the State as it revises
its dairy processing regulations.
UPDATE 17 AUG 2007
Read Worcester Dairy Resumes Raw Milk Sales
Check out this Action Alert:
Harassment
of Raw Milk Farmers in Pennsylvania and New York
Update, Fall 2007
Read about the harassment Of Raw Milk
Farmers In Pennsylvania And New York
|
North Carolina
The sale or dispensing of raw milk for human consumption is illegal. This
ban extends to cow share agreements or to any other contractual arrangement
or exchange.
State law does permit farmers to "dispense" raw milk and raw milk products
for animal feed.
Please see the North Carolina Natural
Milk Campaign for more information.
Update, August 2007
The state Senate passed SB948, a bill that would repeal the state’s
ban on cow shares for those farmers owning ten cows or less. The
bill will next go to the House of Representatives for consideration.
Currently, the only access to raw milk is by buying pet milk. In
an effort to eliminate this, the state department of agriculture
has proposed an administrative regulation requiring that all raw
pet milk contain a charcoal dye.
Update, Spring 07
Senator Kay Hagan is sponsoring the bill to reverse the
ban on cow shares. The bill is being drafted and will be introduced
during
the present legislative session. At the appropriate time, we will
send
out an Action Alert to North Carolina members. Steve Troxler, the
state
commissioner of agriculture, is adamantly opposed to the bill and
stated
that his agency plans to introduce legislation to require green
dye in pet
milk, so we have an uphill battle ahead. Ruth Ann Foster is spearheading
our efforts in North Carolina. She can be contacted at (336) 286-3088,
EatReal@gmail.com
|
North Dakota
Raw milk sales for human consumption are illegal. The state has adopted
Section 9 of the Pasteurized Milk Ordinance which permits only the sale
of pasteurized milk to the final consumer.
There are no state laws against the sale of raw milk for pet consumption.
It is the policy of the state Department of Agriculture to permit on-farm
sales of raw milk for pet consumption provided that the farmer posts signs
stating that they are selling raw milk for pet consumption only.
Ohio
Raw milk sales for human consumption are illegal. The state has adopted
Section 9 of the Pasteurized Milk Ordinance which permits only the sale
of pasteurized milk to the final consumer.
There are no state laws against the sale of raw milk for pet consumption.
It is the policy of the state Department of Agriculture to permit on-farm
sales of raw milk for pet consumption provided that the farmer posts signs
stating that they are selling raw milk for pet consumption only.
Oklahoma
Raw milk sales are legal on the farm. Farmers can make "incidental sales
of raw milk directly to consumers" without having to obtain a permit.
While state law does not specifically define what incidental sales of
raw cows milk are and leaves this determination to the discretion of the
state inspector, raw goat milk producers can sell up to 100 gallons of
goat milk per month without a permit. Farmers making incidental sales
of raw goat milk have the right to advertise.
Even though the incidental sales exception does not apply to raw cheese,
state law does not prohibit farmers from making cheese using milk or cream
produced on their farm.
Farmers making more than incidental sales of raw milk must have a raw
milk permit. This permit is only good for raw milk sales, not for any
other raw dairy products. Producers wanting to sell raw milk products
must obtain a manufacturing plant permit.
Oregon
Raw goat or sheep milk sales are legal on the farm and in retail stores.
No permit is necessary for farmers with no more than nine producing goats
and nine producing sheep who sell the milk on the farm directly to the
consumer. Raw cow milk sales are illegal except for on-farm sales where
the farmer has no more than three producing cows on the premises. The
state prohibits advertising for on-farm sales.
Farmers producing raw goat or sheep milk can sell in retail stores if
they obtain a producer-distributor license and have their own bottling
plant on site. Licensees can sell goat or sheep milk products such as
butter, cream, yogurt, and cheese as well. There is one licensed goat
milk farmer in the state at the present time.
| Update 02 FEB 05
News from Southern Oregon. On Sunday, January 16, 2005,
the Southern Oregon Chapter held a conference entitled Milk:
Raw or Cooked; Farm Fresh or Pasteurized Pathogens. Your Choice.
John Scileppi, L.Ac. , was host, and featured speaker was Mark McAfee,
owner of Organic Pastures Company, Fresno, California. Organic Pastures
distributes raw milk products— milk, cheese, butter, cream,
and colostrum—throughout California. In Oregon, Organic Pastures
raw milk products are labeled and sold as pet food.
Attendance at our Lake Creek Center, located about 30 minutes
out of Medford, was excellent, with an enthusiastic audience of
about 55. The conference included a sampling break to enjoy Mark
McAfee’s generous supply of Organic Pastures product. At the
meeting was Dr. Franklin
Ross, who has the largest holistic healthcare practice in Southern
Oregon. Dr. Ross was so impressed by Mark McAfee’s power point
presentation and knowledgeable discussion that arrangements were
made for Ken Anderson, Dr. Ross’s co-host, to interview Mark
McAfee on their Friday morning radio show dealing with health care
and airing weekly on 880 AM. The radio interview generated many,
many phone calls, and both the interview and the conference brought
Organic Pastures an overwhelming number of orders. Dr. Ross also
arranged for his patients and colleagues to hear Mark McAfee speak
that Friday evening in Ashland. Earlier, Kim Scileppi, Head of Southern
Oregon Chapter, had informed the Portland and Eugene Chapters that
Mark McAfee would be in Oregon, and both chapters arranged for Mark
to speak, raising interest and raw milk education in these areas
of Oregon as well.
In Southern Oregon, since Mark’s visit, it is becoming more
difficult to buy raw milk (or rather pet foot) because so many are
now asking for it.
Update 24 AUG 2005
Oregon officials have requested a small change on the label
to Organic Pastures milk, putting it on the front of the bottle
and not on the cap. Raw milk as pet food is now available in about
40 stores. |
Pennsylvania
Raw milk sales are legal on the farm and in retail stores. Raw milk for
retail producers must have a permit and can only sell to stores if they
have their own packaging operation with labeling and bottling machines.
Stores purchasing raw milk from farmers for resale do not ordinarily need
a permit. Producers selling raw milk only on the farm do not need bottling
equipment because the state permits customers to bring their own containers.
The only raw milk product that licensees can sell legally is cheese.
According to the Department of Agriculture, this is because the state
has a standard of identity regulation only for raw cheese, not for any
other raw dairy products. If a dairy product does not have a standard
of identity regulation, the Department will not issue a permit for it.
Update, Summer 2003
We received the following letter from Bobby McLean, in response
to concerns regarding the sale of raw milk in Pennsylvania:
July 7, 2003
This letter is written in response to your concerns regarding the
sale of raw milk in Pennsylvania.
Based on correspondence received, there appears to be considerable
misinformation and concern over the raw milk issue. I will attempt
to address these concerns in this letter. It is important to note
there are no current or planned actions by the Pennsylvania Department
of Agriculture that will remove a dairy farmer's right to sell raw
milk or a consumer's right to buy raw milk. However, all producers
must have a permit from the Department and must follow the requirements
of the permit. Further, the Department has no knowledge of any pending
legislation to eliminate the sale of raw milk in Pennsylvania.
The sale of raw milk in Pennsylvania is permitted under the Pennsylvania
Milk Sanitation Law (31 P.S. Sec. 645 et. seq) ("Act"). This law
is intended to safeguard human health and safety by providing for
the issuance of permits to, and regulation of persons and entities
selling milk and milk products. The Act (at 31 P.S. Sec. 646) states:
"no person shall sell milk, milk product or manufactured dairy products
within this Commonwealth without first having obtained a permit
from the Secretary".
Another issue that many have raised relates to the sale of raw
milk products. The law prohibits the sale of raw milk products except
aged hard cheese which is cured at temperatures of not less that
35 degrees Fahrenheit for at least 60 days.
If you have any questions, please contact Mr. Jim Dell, Chief,
Division of Milk Sanitation, at 717-787-4316. Your concerns are
understood and we want to work together to help insure that milk
and milk products sold in Pennsylvania are safe and wholesome.
Sincerely,
Bobby McLean
Update, Summer 2006
Raw milk dairy farmers and their customers have formed a private
unincorporated association called Communities Alliance for Responsible
Eco-Farming (CARE) whose members, while recognizing the government’s
right to protect the public, exercise their right to disagree and
waive their right to the government’s protection in the areas
of food production. CARE is designed to provide protection to farmers
and consumers from both pasteurization regulations and the National
Animal Identification System (NAIS). The organization hopes to open
up other CARE chapters in other states. For further information
contact CARE at (717) 768-7848.
Update, August 2007
Tensions are increasing between the Pennsylvania Department
of
Agriculture (PDA) and those farmers selling raw milk without a license
exclusively to members of CARE (Communities Alliance for Responsible
Eco-Farming). PDA contends that anyone selling raw milk in the state
is required to obtain a permit. The farmers argue that CARE is a
private buyers club not subject to the state’s police power
jurisdiction. The farmers also refuse to get a permit because they
believe that PDA will transfer any information from their license
application into USDA’s NAIS database. Recently, the PDA has
stepped up action against unlicensed farmers; the Department has
sent eight of the farmers warning letters informing them that selling
raw milk without a permit is a violation of the law. PDA has brought
charges against two of the farmers for selling raw milk without
a permit, with one farmer being found guilty by a county magistrate
and the other farmer scheduled to go to court at the end of May.
Representatives from CARE and PDA have met to try to resolve their
dispute but to this point have not reached an agreement.
Check out this Action Alert:
Harassment
of Raw Milk Farmers in Pennsylvania and New York
Update, Fall 2007
Read about the harassment Of Raw Milk
Farmers In Pennsylvania And New York
|
Rhode Island
Raw milk sales are illegal with one exception: An individual may purchase
raw goat milk from a producer if that person has a written, signed prescription
from a physician. According to the state Department of Health, no one
has ever taken advantage of this provision in the law.
South Carolina
Raw milk sales are legal on the farm and, to a limited extent, in retail
stores. Farmers must obtain a permit and can only sell raw milk, not raw
milk products. The state Department of Health and Environmental Control
prohibits the sale of any processed raw dairy product. Advertising is
legal.
A retail store can only sell raw milk if the store does not fall under
the regulatory definition of a "food service establishment." Under current
law, only convenience stores "which offer for sale prepackaged food" …
and "engage in limited preparation of nonpotentially hazardous food" are
outside this definition.
Details
At the present time, there are nine licensed raw milk producers
in the state, five producing cow milk and four producing goat milk.
In 2003, there were four licensed producers, and raw goat milk
was available in a number of health food stores. |
Update, Winter 2008
The DHEC (Dept of Health and Environmental Control) just approved
sale of
raw milk at retail establishments. It requires a warning label on
the milk
and a poster at the point of sale. Also, it must be sold away from
pasteurized milk (in a separate section or another refrigerator).
|
South Dakota
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.
Tennessee
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.
Texas
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 13 retail
raw milk licensees: 11 selling raw goat milk and raw goat milk products,
and two selling raw cow milk (Sand Creek Farms and Stryk Farms).
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.
Utah
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.
Update 04 APR 07--Please see the following:
Update, Spring 07
Sales of raw milk at the farm are legal in Utah and several dairies
now sell raw milk to satisfy increasing consumer demand. A recent
bill allowing the sale of raw milk at an off-site retail store passed
both the Utah House and Senate in February. Unfortunately, this
bill will not necessarily make raw milk more available to consumers,
as it favors only one large dairy, belonging to a corporation that
owns an off-site store. (The bill requires 51 percent ownership
of the store, something most small dairies can’t afford.)
In addition, the bill outlaws cow-share programs—an ominous
trend. We will be watching this situation closely to see whether
the new legislation will adversely impact raw milk availability
in Utah.
Update 28 OCT 04 from Winford J. Barlow of Finney Farm
Home Dairy
We have been the only certified dairy, to my knowledge,
in Utah, for the last two years and we have received nothing but
support from the health department. The dairy inspectors have been
very workable and knowledgeable. Thorough and strict, yes, but it
has only helped us provide a better product. I believe the dairy
referred to was in Fairview, Utah, and was out of business before
we got our certification. We pride ourselves on the quality of our
products and want only the best for our customers. Please correct
this error so the people of Utah won't be misinformed.
Tyler Carver is working on setting up a "farm share" program in
Utah. He has located a willing farmer and tapped into plenty of
interest. For more information, or to lend him a helping hand, contact
Tyler at
or (801) 366-0472. |
Vermont
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.
Virginia
Raw milk sales are illegal. According to the State Department of Agriculture
and Consumer Service, there are two cow share programs operating in Virginia,
one of which has state approval. Cow-shares are available through the
Herndon Chapter of the Weston A.
Price Foundation.
Update 24 AUG 2005
It was Lt. Governor Kaine who broke the tie on legislation that
would have allowed fresh goat cheese to be sold on farms in Virginia,
voting against and killing the legislation for this year. Justifying
his actions through the buzz words “public safety,”
Kaine said that public safety concerns “outweighed the need
for the state to create an atmosphere in which small businesses
and family farms can thrive.” With reactionary anti-raw milk
legislation now on the books, Virginia bureaucrats are going after
independent dairy farms (those that do not sell in bulk to processors),
harassing Bergey’s Dairy—which has been in business
for 70 years—with unreasonable misdemeanor charges. The small
independent dairy provides free home delivery for pasteurized milk
in glass bottles and is one of only two dairies left in Virginia
that own and operate a milk-processing plant. |
Washington
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.
| Update, Summer 2006
The status of the working group for micro-dairies—promised
during recent negotiations that resulted in licensing for cow share
arrangements—is unclear. Predictably, dairy officials have
avoided taking any initiative while activists remain in the dark.
However, the good news is that raw milk is becoming more and more
available in Washington State, even in stores, through licensed
dairies, big and small, with much thanks to Emmy McAllister and
other local chapter leaders for organizing pick-up locations and
persuading retail outlets to carry it. Check the recently revised
listing for Washington at realmilk.com for a source near you.
Update, Winter 2006
Things are at a standstill regarding the situation with
Dee Creek Farm (see Wise Traditions, Spring, 2006). The state is
threatening an administrative fine, but the Pucketts are continuing
to farm and are in the process of obtaining their Grade A license.
All of the children afflicted with E. coli O157H7 are back
to normal. Meanwhile, the number of dairies licensed to sell raw
milk has skyrocketed, from 15 to 60 in the last eight months. Raw
milk is widely available throughout the state, and sold in many
retail stores. Check the listings for Washington at realmilk.com.
Update, February 2007
|
West Virginia
Raw milk sales are illegal.
Wisconsin
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:
- "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."
- "Investments in entities holding milk producer licenses may not be
solely for the purpose of purchasing non-pasteurized milk or milk products."
- "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."
- "The shareholder may be required to share or assume the risk of losing
their investment in the entity holding the milk producer license."
- "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."
- "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.
Wyoming
Raw milk sales are illegal.
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