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Is raw milk illegal?.

Short answer: drinking raw milk is legal in every state. Selling raw milk is restricted in most states and varies dramatically by state. Here is the precise answer.

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The federal answer

The Food and Drug Administration prohibits the sale of raw milk for human consumption across state lines (21 CFR 1240.61, in effect since 1987). The FDA has no authority to ban raw milk consumption itself. Drinking raw milk is legal everywhere in the United States. Buying it in your own state may or may not be legal depending on the state.

The state answer

Each state regulates intrastate raw milk sales. The categories:

Raw cheese aged 60 or more days is legal nationwide under FDA rules.

What "illegal" actually means

When people say raw milk is illegal, they usually mean one of three different things:

  1. Illegal to sell to consumers in the state. The state prohibits any sale of raw milk for human consumption.
  2. Illegal to sell at retail, but legal at the farm. Common. The farmer can sell to a buyer who comes to the farm, but cannot put it on a store shelf.
  3. Illegal to sell, but legal to obtain via a herd share. The buyer is co-owner of the herd, so the milk transfer is not technically a sale.

The states where raw milk is fully banned for human consumption

As of 2026-05-08, raw milk is illegal for human consumption in Alabama, Hawaii, Maryland, and the District of Columbia. In each of these jurisdictions, retail sale, on-farm sale, and herd shares are all prohibited. Some allow raw milk to be sold as animal feed.

A second tier of states allow only pet food sales: Florida, Indiana, New Jersey, Virginia, Louisiana. In those states, raw milk for human consumption is similarly off-limits, though the milk is legally available labeled as pet food.

The states where raw milk is fully legal at retail

The most permissive states allow raw milk at retail in licensed grocery stores: Arizona, California, Connecticut, Idaho, Maine, Missouri, Nevada, New Hampshire, New Mexico, Pennsylvania, South Carolina, Utah, Washington, Wyoming, plus Alaska and West Virginia under recent laws. Some of these states require warning labels, herd testing, and licensing; the rules differ but the consumer-facing experience is similar to buying any milk at the store.

Find your state's exact rule

50-state directory of raw milk laws, with citations and what is allowed for each.

See state-by-state laws

What about crossing state lines

You may legally drive raw milk you bought in a legal state back to a state where retail is banned, for personal use. The federal ban is on selling raw milk across state lines, not on possessing or drinking it. You may not legally resell it in the destination state.

Is it legal to drink raw milk?

Yes. There is no US law that prohibits drinking raw milk, in any state.

Frequently asked questions

Is raw milk illegal in the United States?

Selling raw milk for human consumption across state lines is illegal under federal law (21 CFR 1240.61). Within a state, the rules vary. Drinking raw milk is legal everywhere in the United States.

In which states is raw milk illegal?

Raw milk for human consumption is fully illegal in Alabama, Hawaii, Maryland, and the District of Columbia. Florida, Indiana, New Jersey, Virginia, and Louisiana allow only pet food sales.

Why is raw milk illegal in some states?

A handful of state legislatures still align with industrial dairy lobbying that has framed all raw milk as unsafe regardless of source. The trend is the other direction: Iowa (2023), North Dakota (2023), Arkansas (2025), Delaware (2024), West Virginia (2024), and Louisiana (2024) have all moved toward legalizing raw milk in some form, recognizing food sovereignty and the right to buy directly from a farmer.

Can I drive raw milk across a state line for personal use?

Yes. The federal ban applies to sale across state lines, not possession or consumption. You may bring legally purchased raw milk into a state where retail sale is banned, for your own use. You may not legally resell it.

Is raw cheese illegal?

No. Raw cheese aged 60 or more days is legal nationwide under FDA rules. Younger raw cheeses follow the same rules as raw milk in your state.