Can Raw Milk Be Shipped Across State Lines?

January 1, 2026 •

3 min read

According to US Federal Regulation 21 CFR § 1240.61, it is illegal for any person to cause raw milk in final package form to be delivered into interstate commerce for direct human consumption. The intricate web of federal and state laws, however, means the full answer to the question, "Can raw milk be shipped across state lines?" is not so simple.

Quick Summary

This guide explains the federal ban on the interstate commercial sale of raw milk for human consumption, outlines important exceptions and nuances, and details the variation in state-level regulations that determine legal access for consumers.

Key Points

Federal Ban: It is illegal under federal law (21 CFR § 1240.61) to ship raw milk across state lines for commercial human consumption.
Personal Transport Exception: The FDA has stated it does not enforce the ban against individuals transporting raw milk for personal use, but this is a legal grey area subject to state laws.
State Laws Vary: State regulations dictate intrastate raw milk sales, ranging from legal retail sales to complete prohibitions, and are independent of the federal interstate ban.
Herd-Shares are Intrastate: Herd-share programs are a common legal method for accessing raw milk within a single state but do not bypass the federal ban on interstate shipping.
Health Risks: Federal health agencies warn of serious foodborne illness risks associated with raw milk consumption, citing potential bacteria like E. coli and Salmonella.
Legal Challenges Ongoing: Advocacy groups continue to challenge the federal ban through lobbying and litigation, though it remains in effect.

Federal Regulations on Interstate Raw Milk Shipping

U.S. Food and Drug Administration (FDA) regulation (21 CFR § 1240.61) prohibits the interstate commercial sale of raw milk for direct human consumption, requiring milk and milk products sold across state lines to be pasteurized to protect public health by killing harmful bacteria like E. coli, Salmonella, and Listeria.

FDA’s Enforcement Stance

The FDA has clarified that it does not intend to pursue enforcement against individuals transporting raw milk across state lines for their own personal consumption, but this does not override state laws. Commercial interstate shipment remains prohibited.

Legislative Efforts to Alter Federal Law

Legislation like the "Interstate Milk Freedom Act" has been introduced in Congress to allow interstate raw milk traffic under state-compliant conditions, supported by farm-to-consumer groups, but these efforts have not yet changed federal law.

State-by-State Raw Milk Laws and Shipping Implications

States regulate raw milk sales within their borders (intrastate), leading to varied laws on its availability, from retail sales to bans.

Common State-Level Methods for Acquiring Raw Milk:

On-Farm Sales
Herd-Share Programs
Retail Store Sales
Delivery Services

The Interstate Transport Challenge

The federal commercial interstate shipping ban still applies even when raw milk is legal in both the origin and destination states. This prevents commercial shipping between states, making personal transport for non-commercial use the only method, subject to both states' laws.

Comparison Table: Federal vs. State Raw Milk Regulations


Feature	Federal Regulation (FDA)	State-Level Regulations	Implications for Shipping
Commercial Sale	Prohibited in final package form for human consumption across state lines.	Varies significantly by state, from retail sales to complete bans.	Commercial interstate shipping is illegal, regardless of state laws.
Personal Transport	Does not actively enforce against individuals transporting for personal use.	Governs legality of initial purchase and possession within state borders.	Transport for personal consumption is a legal grey area, subject to the laws of both states.
Regulatory Framework	Enforced by the FDA based on food safety concerns.	Determined by state health departments and agriculture agencies.	A producer must comply with both the destination and origin states' laws and avoid triggering federal interstate commerce prohibitions.
Enforcement Targets	Historically focuses on commercial enterprises and large-scale distribution.	Varies, can target producers, sellers, or distributors violating state laws.	Farmers and distributors involved in any interstate sales risk federal enforcement action.

The Role of Herd Shares in Navigating Regulations

Herd shares allow members, as part-owners of dairy animals, to receive raw milk, primarily within state borders, effectively bypassing some state sales regulations. However, shipping herd-share milk across state lines commercially is still prohibited by the federal ban.

The Risks of Raw Milk Consumption

Federal health agencies like the FDA and CDC warn that raw milk can cause foodborne illnesses from bacteria such as Listeria, E. coli, and Salmonella, which pasteurization eliminates. They state that raw milk's claimed health benefits lack scientific proof and that its risks are significant, especially for vulnerable groups.

Conclusion

The federal ban on the interstate commercial shipment of raw milk for human consumption (21 CFR § 1240.61) remains a major obstacle. While the FDA allows individuals to transport raw milk for personal use across state lines, this doesn't apply to businesses. The legality of raw milk is a complex mix of federal interstate law and varied state intrastate regulations. The conflict between consumer choice and public health concerns makes shipping raw milk across state lines a legally challenging issue.

Navigating the Legal Landscape

Individual consumers can usually transport raw milk across state lines for personal consumption if it's legal in both states.
Commercial entities cannot use interstate shipping for raw milk due to the federal ban.
Herd shares are primarily for intrastate access and don't allow interstate commercial shipping.
Always check state laws for specific regulations on sales and delivery.

The Path Forward

Advocates seek to change federal law through lobbying and supporting legislation like the Interstate Milk Freedom Act. Understanding the distinct federal and state rules is crucial for raw milk consumers and producers.

Frequently Asked Questions

Yes, for personal consumption. The FDA has indicated it will not take enforcement action against individuals who transport raw milk across state lines for their own personal use, provided the purchase was legal in the state of origin. However, consumers should still be aware of any possession laws in their home state.

The federal ban, enforced by the FDA, is primarily a public health measure. It is based on the risk of harmful bacteria like E. coli, Salmonella, and Listeria that can be present in raw milk and cause serious foodborne illnesses.

No. The federal ban prohibits the commercial shipment of raw milk across state lines for human consumption. This includes deliveries facilitated by farmers or third-party services. Such activity would violate federal law.

Herd-share programs are typically an intrastate legal workaround. They operate on the premise that members own a share of a dairy animal and are not buying milk commercially. However, these programs cannot legally ship milk to members across state lines due to the federal prohibition on interstate commerce for raw milk.

For commercial purposes, there is no legal loophole to bypass the federal ban on shipping raw milk across state lines. Some raw milk advocates have explored personal transport and herd-share programs as alternative access methods, but these do not permit commercial interstate shipping.

Violations can result in FDA enforcement actions, including court injunctions and fines. These penalties are typically levied against producers or distributors engaging in commercial interstate activity, rather than individual consumers.

Yes, under specific conditions. Raw milk cheese that has been aged for a minimum of 60 days is generally exempt from the ban and can be shipped interstate. The aging process is considered a safety measure.