Which states banned raw milk sales in the US?

January 14, 2026 •

5 min read

As of late 2023, while many states allow some form of access to raw milk, a handful maintain outright prohibitions on its sale or distribution for human consumption. The regulatory landscape is highly variable, with some states allowing retail sales while others permit only on-farm purchases or herdshare arrangements. Understanding these specific regulations is critical for consumers and producers alike, as the legality of raw milk is not consistent across the United States.

Quick Summary

This guide outlines the states with complete or effective bans on the sale of raw milk for human consumption. It details various types of legal access, from retail sales to herdshare agreements, and provides a comparative analysis of regulations across different states. The content also addresses public health concerns and the ongoing debate surrounding the safety of unpasteurized dairy.

Key Points

Total Prohibition: Hawaii, Louisiana, Rhode Island, and the District of Columbia are among the places with an outright ban on raw milk sales for human consumption.
Restricted Access: Many states, such as Colorado (herdshares) and Oregon (on-farm sales), do not have a complete ban but impose strict conditions on how raw milk can be legally obtained.
Varying Regulations: The legality of raw milk access differs significantly across the US, ranging from full retail access in some states to total bans in others, with multiple variations in between.
Ongoing Debate: The regulation of raw milk is a contentious issue, balancing public health concerns, such as contamination risk, against consumer freedom and support for local agriculture.
Evolving Laws: State laws are not static; some states have recently expanded access to raw milk, while others consider stricter rules, often influenced by new health information or legislative action.
Federal vs. State Law: While federal law bans the interstate sale of raw milk, state law governs sales within state borders, creating the patchwork of regulations.

States with Total or Effective Bans on Raw Milk

While federal law prohibits the interstate sale of raw milk, intrastate sales are regulated by individual states. A few states have total or near-total prohibitions on the sale and distribution of raw milk for human consumption. These bans often stem from public health concerns regarding bacteria such as E. coli, Salmonella, and Listeria, which are eliminated through pasteurization. The states with the most stringent restrictions include:

District of Columbia: The sale or distribution of raw milk for human consumption is illegal in the District of Columbia, which adopts federal standards requiring pasteurization for all milk products.
Florida: Florida law prohibits the retail sale of raw milk for human consumption. While not an outright ban on all forms of distribution, the definition of "sale" is broad, significantly restricting access.
Georgia: Georgia law states that no milk or milk product may be sold or delivered for human consumption unless it complies with state law, which references the USFDA Pasteurized Milk Ordinance. This effectively bans raw milk sales.
Hawaii: As of late 2023, Hawaii prohibits raw milk sales for human consumption, with no recognized law for herdshares. Despite past legislative efforts, access remains highly restricted.
Louisiana: The state of Louisiana prohibits any form of distribution of raw milk for human consumption.
Mississippi: While some incidental raw goat milk sales from small farms might be permitted under specific conditions, Mississippi generally prohibits raw milk sales.
Nevada: Raw milk sales are technically allowed but require producers to adhere to standards set by county raw milk commissions. The absence of these commissions in most counties results in a de facto statewide ban.
New Jersey: New Jersey is often cited as having very high hurdles for raw milk distribution, with no legal framework for human consumption sales.
Ohio: The sale of unpasteurized raw milk is currently banned in Ohio. However, legislative proposals, such as House Bill 406 (as of August 2025), seek to regulate and potentially legalize these sales with strict guidelines.
Rhode Island: Rhode Island is one of the few states that prohibits any sale or distribution of raw milk for human consumption.
West Virginia: While some reports may indicate variations, West Virginia has generally prohibited raw milk sales for human consumption.

States with Restricted Access or Conditions

Many states do not have an outright ban but instead place strict limitations on how raw milk can be legally obtained. These restrictions are a compromise between consumer choice and public health regulations.

Herdshare Programs: In states like Colorado, a herdshare program is the primary legal avenue. A consumer buys a share of a dairy animal, and in return, they receive a share of its milk. This is not technically a sale of milk but a return on an investment.
On-Farm Sales Only: States such as Oregon and Kansas permit sales directly from the farm to the consumer. This eliminates retail distribution and keeps transactions small-scale.
Farmers' Markets and Delivery: Some states, including Missouri and North Dakota, allow farmers to sell raw milk at farmers' markets or through direct delivery, though not in retail stores.
Pet Food Labeling: In some states, a workaround involves labeling raw milk as "for pet consumption only," even if the intent is otherwise. This circumvents human consumption laws but exposes consumers to legal and health risks.

Comparison of Raw Milk Access Methods by State


Access Method	Example States	Key Characteristics
Full Retail Access	California, Pennsylvania, Arizona	Raw milk and raw milk products can be sold in retail stores, often requiring a license and meeting specific quality standards. This offers the broadest consumer access.
On-Farm Sales Only	Oregon, Arkansas, Kansas	Sales are limited to the farm where the milk is produced. This reduces distribution risks but limits availability.
Herdshare Programs	Colorado, Tennessee, North Dakota	Consumers purchase a portion of a dairy animal, receiving its milk as part of their ownership. Legal ownership transfer, not a sale of milk.
Farmers' Market/Delivery	Missouri, South Dakota	Allows off-farm sales at designated farmers' markets or via direct delivery, but not in general retail settings.
Complete Ban	Hawaii, Louisiana, Rhode Island	The sale and distribution of raw milk for human consumption are entirely prohibited by state law.

Public Health vs. Consumer Choice

The debate over raw milk is primarily centered on public health versus consumer freedom. Public health officials, including the Centers for Disease Control and Prevention (CDC), warn that raw milk can contain dangerous pathogens and has been linked to outbreaks of foodborne illness. Pasteurization, a heating process, effectively eliminates these risks. However, proponents of raw milk, like the Weston A. Price Foundation, argue that when produced under sanitary conditions, raw milk is a healthy, traditional food. They advocate for the right of consumers to choose unpasteurized products and support smaller dairy farmers.

Factors Influencing State Raw Milk Laws

Food Safety Agencies: State departments of health and agriculture play a major role in setting and enforcing regulations, often prioritizing public safety.
Lobbying and Activism: Advocacy groups like the Farm-to-Consumer Legal Defense Fund lobby for more lenient laws, while public health organizations push for stricter controls.
Dairy Industry Economics: The conventional dairy industry, which relies on pasteurization, has sometimes opposed the expansion of raw milk sales.
Precedent and Tradition: States with a long history of dairy farming or existing rural practices may have more established pathways for raw milk access.

The Future of Raw Milk Regulation

The regulatory landscape is not static. In recent years, more states have moved to legalize or expand access to raw milk. For example, Iowa and North Dakota both expanded access in 2023. This trend is fueled by increasing consumer demand and evolving perceptions of food safety and local food systems. However, ongoing public health concerns, like the potential for avian flu to spread through raw milk, continue to influence the conversation and government action. Keeping up with state-specific legislation and tracking any changes is essential for those involved.

Conclusion In summary, there is no blanket federal law banning the intrastate sale of raw milk, but several states have imposed total or near-total bans on its sale for human consumption, including Hawaii, Louisiana, and Rhode Island. Many other states have complex regulations that restrict access to on-farm sales, farmers' markets, or herdshare programs. The patchwork of state-specific regulations reflects a persistent national debate between food safety advocacy and consumer choice. Anyone considering purchasing raw milk must be aware of their state's specific laws to ensure compliance and understand the potential health risks involved. For the most current information, checking with local and state agricultural departments is recommended.

Frequently Asked Questions

States that have historically maintained a complete ban on the sale or distribution of raw milk for human consumption include Hawaii, Louisiana, Rhode Island, and the District of Columbia. It is crucial to verify current regulations, as state laws can change.

No, it is not legal to buy raw milk in every state. Access varies significantly, with some states offering retail sales, others allowing only on-farm purchases or herdshare programs, and a few maintaining an outright ban.

A raw milk herdshare program is an arrangement where consumers purchase a share of a dairy animal or herd. In return, they receive a portion of the animal's milk, which is technically not a sale of milk but a return on their investment. This practice is legal in several states where direct sales are not.

Many states ban or restrict raw milk sales due to public health concerns. Raw, unpasteurized milk can harbor dangerous bacteria like E. coli, Salmonella, and Listeria, which can cause serious illness. Pasteurization is a process that kills these pathogens.

No, it is illegal to sell or distribute raw milk across state lines. The US Food and Drug Administration (FDA) bans interstate sales, requiring all milk sold across state lines to be pasteurized.

Arguments for legalizing raw milk often center on consumer freedom, the nutritional benefits proponents claim are lost in pasteurization, and supporting small, local dairy farmers. Advocates argue that when produced cleanly, raw milk can be a safe and healthy product.

For the most current information, consult state departments of agriculture or health, as raw milk regulations can be subject to change. Organizations like the Farm-to-Consumer Legal Defense Fund and the Weston A. Price Foundation also provide state-by-state maps and guidance.