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:
- Retail legal in stores: about 14 states. Examples: California, Pennsylvania, Maine, New Hampshire, Idaho, Washington, Wyoming.
- On-farm or direct-to-consumer only: about 17 states. Examples: New York, Texas, Vermont, Iowa, Missouri.
- Herd-share only: about 9 states. Examples: Colorado, Michigan, Ohio, North Carolina, Tennessee.
- Pet food only: 5 to 7 states. Examples: Florida, Virginia, New Jersey, Indiana, Louisiana.
- Banned outright: 4 jurisdictions. Examples: Alabama, Hawaii, Maryland, District of Columbia.
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:
- Illegal to sell to consumers in the state. The state prohibits any sale of raw milk for human consumption.
- 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.
- 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.
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.