Is it illegal to sell raw milk?
Varies by state, but inherently illegal for interstate retail sales via FDA mandate.
Selling raw milk for human consumption is subject to a complex web of federal and state prohibitions. While the FDA bans the interstate sale of raw milk under the Public Health Service Act, state laws vary significantly, with some allowing on-farm sales and others banning it entirely. Regulators often classify unauthorized sale as a misdemeanor to prevent the spread of pathogens like Salmonella and Listeria. In strict jurisdictions, selling raw milk without proper permits or labeling can result in immediate product seizure and criminal prosecution.
RELEVANT LAWS
- 21 C.F.R. § 1240.61Federal Ban on Interstate Sale of Raw Milk
- Section 361 of the Public Health Service ActFederal Disease Control Authority
- California Food and Agric. Code § 35891Strict Standards for Raw Milk Producers
- NY Agriculture and Markets Law § 46-aNew York Prohibition on Retail Raw Milk
POTENTIAL PENALTIES
- Fines ranging from $500 to $5,000 per violation depending on state jurisdiction
- Injunctions and court-ordered destruction of all non-compliant dairy products
- Up to 1 year of jail time for repeat misdemeanor violations in strict states
- Civil liability for health damages if consumers contract foodborne illnesses
JURISDICTION
While the federal ban applies across state lines, 30 states allow some form of raw milk sales, ranging from retail stores to 'cow share' agreements.
To bypass laws, some producers sell raw milk labeled 'for pet food only' even though they know humans will drink it, a practice that still remains legally risky.
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