How do U.S. federal and state rules differ for raw milk sales?

Federal and state regulations regarding raw milk differ significantly due to the division of authority over commerce and public health.

At the federal level, the U.S. Food and Drug Administration (FDA) prohibits the interstate sale or distribution of raw milk for direct human consumption. Under U.S. Federal Regulation 21 CFR § 1240.61, any milk or milk product in final package form intended for human consumption must be pasteurized if it is shipped across state lines.1

In contrast, individual states maintain the authority to regulate the sale and distribution of raw milk within their own borders. Consequently, state laws vary widely:
* Prohibition: Many states strictly prohibit the sale of raw milk for human consumption.1
* Legalization: Other states permit the sale of raw milk, often requiring specific permits, warning labels, or restricting sales to on-farm transactions.1
* Alternative Arrangements: Some states allow for "herd share" or "cow share" programs, which enable consumers to obtain raw milk through partial ownership of dairy animals, even where direct retail sales are restricted.1

Public health officials emphasize that raw milk can harbor dangerous pathogens, and they maintain that its consumption cannot be considered safe under any circumstances.23