Is it legal to sell raw milk?
It depends on your state. Surveys of state laws, including those summarized by the University of Maryland and the University of Wisconsin, describe a patchwork: some states prohibit sales for human consumption, others allow sales on the farm, at stores or through herd shares, and many have different rules for different animals. Rules change as legislatures act, so older charts can be wrong.
Do not rely on a chart from a website. Ask your state department of agriculture, which is usually the licensing agency, and check the current state law.
A practical way to keep track is to open a folder for your state's rules and add the date you last checked them. Raw milk is an area where legislatures change rules frequently, and a rule that applied last year may have changed. Set a yearly reminder to confirm that the information you rely on is still current.
What kinds of rules do states use?
Where raw milk can be sold, states commonly attach conditions. These may include a license or permit, inspections of the animals and the facility, regular testing, labeling, and limits on where and how the milk is sold. Some states regulate cow, goat and sheep milk differently.
Federal rules also matter: moving raw milk for sale across state lines for human consumption is generally restricted, and that is a separate question from your state's rules.
- License or permit requirements
- Farm inspections and animal health testing
- Milk testing and recordkeeping
- Labeling and warning statements
- Limits on sales location, such as farm only
- Rules for shares or boarding arrangements
What about herd shares and cow shares?
Some people join arrangements in which they own part of an animal and receive milk. Whether this is legal, and what it requires, depends on state law and how the arrangement is set up. Some states have clarified the rules, and others treat shares as unlicensed sales.
If you are considering an arrangement as a producer or a consumer, ask your state agriculture department for its position, and consult an attorney familiar with agricultural law.
If you are considering buying raw milk instead of producing it, ask the same questions from the buyer's side: what inspections and tests the producer undergoes, whether results are available to customers and what the label says. Your doctor can help you weigh the health questions for your own household.
Why do public health agencies urge caution?
The CDC and many state health agencies warn that raw milk can carry disease-causing germs and can make people ill, with the greatest concern for children, older adults, pregnant people and people with weakened immune systems. Healthy-looking animals can still shed germs.
That is the reason many states regulate the milk strictly or prohibit sales. Anyone deciding whether to drink raw milk should talk with a doctor, and anyone producing it should learn from the state agency what testing and handling are expected.
What if you only want milk for your own household?
Many states allow keeping a dairy animal and using the milk at home, but local zoning, animal rules and health codes can still apply. Ask your county planning office about keeping livestock on your parcel, and your state agriculture department about rules for household milk, sharing and gifts.
Giving milk away or accepting payment in any form can change the legal category. Ask before doing either.
Keep in mind that animals and people share some illnesses, and that dairy animals need regular veterinary care. Ask your veterinarian about a herd health plan and about warning signs to watch for, and ask your state veterinarian or extension office about disease reporting and biosecurity rules for dairy animals.
How do you find the current rule for your state?
Contact the dairy or food safety division of your state department of agriculture and ask for the current statute and licensing information. Ask your extension office whether workshops or fact sheets exist. If you plan to sell, ask what inspections and tests are required and what they cost.
Write down what you were told and the date, and revisit it each year. Also ask your veterinarian about herd health programs, and your insurance agent whether coverage exists for dairy sales, since many policies exclude them. If you decide against raw milk sales, there may be other ways to share the value of a dairy animal, such as selling the animals themselves, selling cheese made under licensed conditions or teaching classes. Each has its own rules, so ask your state agency before you invest in equipment or advertise.
Key takeaways
- Raw milk law is set by each state and changes over time.
- Rules may cover licenses, testing, labeling and where sales occur.
- Herd shares are treated differently in different states.
- Public health agencies warn of illness risk, especially for vulnerable people.
- Check current law with your state agriculture department.
Sources and further reading
Last reviewed: November 12, 2026. Written by the Homestead & Small Farm Editorial Team. See our editorial policy.