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Real Raw Milk Facts

Raw Milk Facts State by State

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Why is raw milk illegal in some states?

There is a long history and debate surrounding the legalization of raw milk in the United States.  Michigan was the first state to require pasteurization of all dairy products sold to the public. A 2009 review of raw milk consumption found that 29 states allow some form of on- or off-farm raw milk sales, but only a few allow sales in grocery stores.  CDC has documented fewer illnesses and outbreaks from raw milk in states that prohibit sales.

In 1987, the FDA mandated pasteurization of all milk and milk products for human consumption effectively banning the shipment of raw milk in interstate commerce with the exception of cheese made from raw milk, provided the cheese has been aged a minimum of 60 days and is clearly labeled as unpasteurized.

This action was prompted by Federal Judge Norma Holloway who ordered the US Department of Health and Human Services to ban interstate shipment of raw milk and raw milk products.

Judge Halloway stated:

“It is undisputed that all types of raw milk are unsafe for human consumption and pose a significant health risk.  The appropriate remedy in this case is therefore, an order compelling the agency to promote a regulation prohibiting interstate sale.” — Public Citizen v. Heckler, 653 F. Supp. 1229, 1241 (1987).

21 CFR Sec. 1240.61 Mandatory pasteurization for all milk and milk products in final package form intended for direct human consumption.

"No person shall cause to be delivered into interstate commerce or shall sell, otherwise distribute, or hold for sale or other distribution after shipment in interstate commerce any milk or milk product in final package form for direct human consumption unless the product has been pasteurized or is made from dairy ingredients (milk or milk products) that have all been pasteurized..."

H.R. 1830: to authorize the interstate traffic of unpasteurized milk and milk products packaged for direct human consumption, was introduced into the 112th Congress by Rep. Ronald Paul on May 11, 2011 and was referred to the House committee on Energy and Commerce Subcommittee on Health on May 13, 2011.

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