Currently in the Ohio House of Representatives there is legislation pending to legalize the sale of raw milk sold at the farm location only. This has become a very contentious issue and I will have more information available in the coming weeks.

The following is a summary of states regarding their laws for the sale of raw milk.  (Please note this information is from the Weston A. Price Foundation an organization supporting the sale of raw milk)

United States

Click here to find out What's Happening with Raw Milk in other countries

US Summary: Sales of raw milk are legal in 28 out of 50 US states, which is better than half. If you include the states which permit the sale of raw milk for animal consumption (implying that human consumption is feasible) then the total is 33 out of 50 states, which is two-thirds. In some of the remaining states (such as Colorado, Virginia and Wisconsin) raw milk is available through cow share programs.

In addition to the following legal situation SUMMARY, click here for a state-by-state listing of raw milk statutes and administrative codes.

Alabama
Raw milk sales for human consumption are illegal. Raw milk sales for animal consumption are legal if the farmer has obtained a commercial feed license. There are currently no raw milk producers in the state with a commercial feed license.

Alaska
Alaska has banned the sale of raw milk for human consumption. The ban does "not apply to a person who owns a cow, goat or sheep and uses the milk from the animal for that person's personal use. "With this exception, not limited to farmers or those who live on farms, cow-share programs and any kind of boarding agreement are legal. Raw milk sales for animal consumption are legal.

Arizona
Arizona permits the sale of raw milk and raw milk products as long as they carry the required warning label. Their sale can take place on the farm and in grocery stores. Farmers selling raw milk and cream must obtain a producer-distributor license. Selling other raw dairy products requires obtaining a producer-manufacturer license in addition. There must be state approved bottling equipment on the farm. There are currently two licensed farms selling raw milk and raw milk products in the state.

Arkansas
Raw milk sales in Arkansas are illegal with one exception. Arkansas permits the sale of up to 100 gallons of raw goat milk per month directly to consumers on the farm where the milk is produced.

California
Sales of raw milk and raw milk products are legal both in stores and on the farm. In order for raw milk to be sold legally, it must be 'market milk. 'This is milk that meets the standards provided in the Milk and Milk Products Act of 1947.

Under the Act, market milk is graded and designated into three classes:'certified milk,' 'guaranteed milk,' and 'Grade A milk. 'Of the three classes, only Grade A raw milk is available for sale today in California. The standards for guaranteed raw milk to be market milk are more stringent than those for Grade A raw milk. While the Milk and Milk Products Act calls for county milk commissions to set the standards for certified raw milk, not a single county milk commission still exists.

Raw milk dairy farmers need market milk permits in order to produce their product. In addition, any person engaged in an aspect of the milk business that falls under the statutory definition of milk products plant must obtain a milk products plant license. There is an exemption from the license requirement, however, for "any producer whose business consists exclusively of producing and distributing raw market milk produced by such producer."

Raw milk and most raw milk products require warning labels. Municipalities and counties in the state have the power to establish compulsory pasteurization laws but only Humboldt County has done so.

Colorado
The state's Grade A Pasteurized Milk and Fluid Milk Products Regulations prohibit the sale of raw milk. The regulatory definition of sale does not include cowshare programs. The Board of Health, the rule making body for the Department of Public Health and Environment, voted against a proposed regulation that would have extended the definition of sale to "the sale of undivided shares or interests in a cow or dairy herd."

In 2005 the Colorado General Assembly passed legislation codifying the exemption of cowshare programs from the definition of sale. Consumers can now acquire raw milk legally in the state if the following conditions are met:

1. "The milk is obtained pursuant to a cow share or goat share. The cow or goat share is an undivided interest in a cow, goat or herd of cows or goats" formed by a written contract between a consumer and a farmer that includes a legal bill of sale and a boarding contract.
2. The owner of the cow or goat share shall receive raw milk direct from the farm where the cow, goat or dairy herd is located and the farm is registered. The farmer complies with the state requirements for registration when he provides the Colorado Department of Public Health and Environment with a written statement containing:

   a. The name of the farmer, farm or dairy,
   b. A valid, current address of the farmer, farm or dairy; and
   c. A statement that raw milk is being produced at the farm or dairy.

3. The milk containers the farmer provides to the consumer must have a label with the warning statement that the milk is not pasteurized
4. The farmer must provide the consumer with information regarding"

   a. Standards the farmer maintains with respect to herd health.
   b. Standards the farmer maintains in the production of milk from the herd
   c. Results of testing done on cows or goats that produce the milk.
   d. Results of testing done on the milk.
   e. An explanation of the tests and test results.

The state prohibits the redistribution of any raw milk cow or goat share owners obtain.

Farmers running cowshare programs can only distribute unpasteurized "fluid milk products" legally. Under state regulatory definitions, this would include milk, cream, yogurt, and cottage cheese. This would not include butter and cheese. State regulations define butter and cheese as manufactured milk and dairy products. The state code prohibits any cowshare programs involving manufactured milk and dairy products.

Raw milk sales for animal consumption are legal if the farmer treats the milk with a dye approved by the Department of Public Health and Environment prior to sale.

Connecticut
Raw milk sales are legal on the farm and in retail stores. In order to operate legally farmers must obtain producer permits and raw milk retailer permits from the State Agriculture Commissioner. Additionally, they must obtain a milk dealer license from the public health board of the town or city where their farms are located.

The state Milk Regulation Board has issued a regulation on the quality standards for retail raw milk. The state does not charge any fees for the testing required to ensure the quality of the milk. Notwithstanding the quality standard regulation, towns and cities have the power to ban the sale of retail raw milk. At the present time, only two towns have done so.

Delaware
Raw milk sales are illegal. The state has adopted the 2001 version of the Pasteurized Milk Ordinance in its entirety.

District of Columbia
Raw milk sales are illegal but raw milk is available through cow share programs in nearby Virginia.

Florida
Raw milk sales for human consumption are illegal. The Department of Agriculture and Consumer Services interprets the definition of "sell" in the state administrative code to extend the ban on raw milk sales to any cowshare agreements as well.

Department of Agriculture policy permits the sale of raw milk for animal consumption even though there is no state law that covers this issue. The state permits raw milk sales for animal consumption either on the farm or in retail stores. Containers should have a label clearly stating that the raw milk is for animal consumption only.

Georgia
The state has banned the sale of raw milk for human consumption through its interpretation of the Georgia Dairy Act of 1980 and also through its adoption of the 2003 version of the Pasteurized Milk Ordinance.

The sale of raw milk for animal consumption is legal if the distributor is licensed under the commercial feed laws. The Department of Agriculture currently has several distributors of raw goat milk for pet food under license.

Hawaii
Raw milk sales are illegal.

Idaho
Raw milk sales are legal on the farm and in retail stores. Farmers must obtain a Grade A Milk License and a Retail Raw Milk license.

There has not been a retail raw milk licensee in the state for the past 15 years. According to the state Department of Agriculture, the biggest reason no one has sold retail raw milk during that time is the requirement that 'bottling and packaging of retail raw milk and retail raw milk products shall be done on the premises where produced in approved mechanical equipment. 'Several small farmers have contacted the state about obtaining a raw milk license but the cost of constructing a milk plant has discouraged them from doing so.

There is one cowshare program currently operating in Idaho, with the state Department of Agriculture's approval. According to the Department, dairy farms running only a cowshare program, and not selling to pasteurization plants would need no license to operate.

Illinois
Raw milk sales are legal on the farm if the farmer complies with the following conditions:

1. No advertising the sale of raw milk.
2. Customers must bring their own individual containers. If the farmer uses his own container to bottle the milk, he is operating a "milk plant" according to the Department of Health Regulations, and the milk must be pasteurized. The farmer can only collect the milk in the customer's container. The farmer cannot process the milk in any way. Sales of raw cream and raw butter are illegal.
3. The farmer must produce the milk "in accordance with the Department (of Public Health) rules and regulations. "The Department does not apply these rules and regulations, including the permit requirement, to farmers with just a few cows who sell raw milk only on the farm.

Indiana
Raw milk sales for human consumption are illegal. Cowshare programs exist in the state and are legal. Cowshares do not constitute a "sale" under the statutory definition of the word.

Raw milk sales for animal consumption are legal on the farm and in stores if the farmer has obtained a commercial feed license from the state.

Iowa
Raw milk sales are illegal. There have been reports of violators being prosecuted.

Kansas
"On-farm retail sales" of raw milk and raw milk products are legal to the "final consumer." The farmer can only advertise the sales of raw dairy with a sign posted on the farm. The sign must state that the milk or milk products are raw. Farmers must clearly label as "ungraded raw milk" each container of unpasteurized milk for sale.

Farmers whose business consists only of on-farm sales of raw milk do not need a license to operate. The Department of Agriculture considers farmers selling raw butter or cream to be running a "dairy manufacturing plant" and requires them to obtain a dairy manufacturing plant license.

The state does not inspect farmers selling raw milk and raw milk products on a routine basis like they inspect farmers selling Grade A raw milk for pasteurization. They only inspect raw milk and raw milk product sellers if there is a complaint.

Kentucky
Raw milk sales are illegal with one exception. An individual with a written recommendation from a physician may purchase raw goat milk. The goat milk producer must have a permit from the state Cabinet for Health Services and can only sell raw milk directly to individuals on the farm. Goat milk producers must keep the written recommendation statement on file for at least one year. In addition, "the producer shall keep on file records stating volume of unpasteurized goat milk sold and date of sales to each person having submitted a written recommendation statement."

Louisiana
Raw milk sales are illegal. State law prohibits the Department of Public Health from "setting up standards lower than those as set forth in the U. S. Public Health Service Pasteurized Milk Ordinance and Code." Likewise, parishes and municipalities cannot adopt local milk ordinances that conflict with the PMO.

Maine
Raw milk sales are legal on the farm and in retail stores. Raw milk and raw milk products must have a label on the product containing the words "not pasteurized." Farmers do not have to obtain permit to sell raw milk if their sales are only on the farm and they do not advertise.

Maryland
Raw milk sales are illegal.

Massachusetts
The state legislature has granted the power to city and town boards of health to determine whether raw milk sales are legal. If the local board of health makes raw milk sales legal, farmers must follow state regulations on the production and sale of raw milk, including the following:

1. A five day maximum period for the sale of retail raw milk commencing from the time the farmer fills the container. Each container of retail raw milk must indicate the last date on which the container may be offered for sale.
2. The farmer shall label the product "Raw cow's milk" or "Raw goat's milk" and the label shall include the name, address, and zip code of the producing farm.
3. All retail containers of raw milk shall have the following warning on the label:"Raw milk is not pasteurized. Pasteurization destroys organisms that may be harmful to human health."
4. A sign must be posted in the area where the raw milk is sold, stating "Raw milk is not pasteurized. Pasteurization destroys organisms that may be harmful to human health."

According to the state Department of Agricultural Resources, raw milk sales are legal on the farm and in retail stores. While the Department of Agricultural Resources regulates on farm sales, it is the responsibility of the local health boards to regulate store sales of raw milk.

Like dairy farmers selling raw milk to pasteurization plants, farmers selling retail raw milk must obtain a vendor's license from the milk inspector in the town nearest to their farm. Farmers who sell twenty quarts of milk a day or less are exempt from this requirement.

Michigan
Raw milk sales are illegal. Michigan was the first state to pass mandatory pasteurization laws—the year was 1948—and has some of the strictest milk laws on the books. Farmers may not even sell raw milk from the farm. In 2002, at hearings on the revision of the Michigan State Dairy Code, the industry attempted to amend the code to make it illegal for dairy farmers, their family members, their farm workers, and even their farm animals to drink the farm's raw milk. This plan was fortunately dropped, due to the efforts of dairy farmer Chuck Oliver and members of the local chapter of the Weston A. Price Foundation.

The state is aware of at least four cow share programs that currently exist. While the state department of agriculture has not approved of any of the cow share programs, they have not tried to shut any of them down.

Minnesota
The Department of Agriculture prohibits the sale of raw dairy with the exception of "milk, cream, skim milk, goat milk, or sheep milk occasionally secured or purchased for personal use by any consumer at the place or farm where the milk is produced." The farmer cannot advertise and customers must bring their own containers. The state interprets "occasionally secured or purchased for personal use" to mean that farmers cannot sell raw milk to regular customers on a routine basis.

The Minnesota Constitution states that "any person may sell or peddle the products of the farm or garden occupied and cultivated by him without obtaining a license therefore." The Minnesota statutes also contain this exemption. The state interprets this provision to apply to produce farmers and their right to sell on site and at farmer's markets without a license. The department does not apply the licensing exemption laws to raw milk farmers with the limited exception of occasional sales to consumers on the farm. Several farmers are contesting the department's interpretation of the licensing exemption laws.

Mississippi
On-farm sales of raw goat milk are legal if the selling farm has no more than nine milk producing goats lactating on it. The farmer cannot advertise and must sell directly to the consumer.

Missouri
Raw milk sales are legal, both on the farm and by delivery from the farmer to the consumer. Farmers must obtain a permit from the state in order to be able to sell raw milk and must have state approved bottling equipment on the premises. Customers cannot bring their own containers. In addition, farmers must comply with state labeling regulations for retail raw milk and raw milk products.

According to the Missouri Department of Agriculture, there are no licensed retail raw milk producers in the state at the present time.

Montana
Raw milk sales are illegal. The state issued retail raw milk licenses until 1998 when a number of illnesses blamed on raw milk consumption led to the current ban.  

Nebraska
On-farm sales of raw milk and raw milk products to consumers are legal. Farmers cannot advertise.

If a farmer's business involves only on-farm sales of raw milk, the farmer does not have to obtain a permit and is not subject to state milk regulations.

Nevada
Raw milk sales are legal but, in practice, there are no raw milk sales in the state.

In order for a farmer to obtain a permit from the state dairy commission to produce and distribute raw milk, the county milk commission must first certify the farm for the production of raw milk or a raw milk product.

Under state statute, the board of county commissioners must establish the county milk commission. The county must issue regulations governing the production and distribution of raw milk and raw milk products. These regulations are not valid unless the State Board of Health and the State Dairy Commission first approve them.

There has never been a county milk commission in existence at any time, so to this point, there has been a de facto prohibition of raw milk sales.

There is a state law that permits the sale of raw milk and raw milk products produced out of state if the producer follows the relevant Nevada statutory requirements. However, one of the requirements is that the milk and milk products receive an acceptable milk sanitation, compliance and enforcement rating from a state milk sanitation rating officer certified by the United States Public Health Service. The U. S. P. H. S. would not certify a state employee who did not comply with the provisions of the Pasteurized Milk Ordinance. The PMO bans the sale of unpasteurized milk to the final consumer.

New Hampshire
Raw milk sales are legal:

1. On the farm
2. Through home delivery
3. Through the final consumer purchasing directly from a milk pasteurization plant.
4. At a boarding house provided that the milk is produced on the premises and the boarding house dining room displays a sign stating that raw milk is served therein.

Even though a state statute permits the sale of raw milk in retail stores, the Department of Health and Human Services prohibits this because of a New Hampshire administrative regulation that requires food service establishments and retail food stores to sell only pasteurized fluid milk and fluid milk products.

Raw milk producers who sell less than an average of twenty quarts of milk per day do not have to obtain a license from the state. They are not subject to state inspection either unless they sell to a milk plant.

New Jersey
Raw milk sales are illegal. To obtain other unpasteurized dairy products, residents travel to Pennsylvania and New York, which both allow raw milk. Organic grass-fed "Natural By Nature" pasteurized milk products are sold in New Jersey.

New Mexico
Raw milk sales are legal if they farmer has obtained a permit from the state Department of Agriculture. Even though state law allows the sale of raw milk products, it has been the policy of the department to limit the permit to raw milk sales only.

There is a labeling requirement that all containers of retail raw milk must carry the statement "RAW MILK IS NOT PASTEURIZED AND MAY CONTAIN ORGANISMS THAT CAUSE HUMAN DISEASE."

At the present time, there is one farm that has a permit to sell raw goat milk. There are no other retail raw milk licensees in the state.

New York
Raw milk sales are legal on the farm. The farmer must have a license from the state Department of Agriculture and Markets. The farmer must post a sign at the point of sale that states, "Notice:Raw milk sold here. Raw milk does not provide the protection of pasteurization." Raw milk vendors can only sell to consumers.

The state routinely inspects retail raw milk for pathogens which is not a requirement for raw milk for pasteurization.

Even though the seller's permit is currently for only the sale of raw milk, the state is considering expanding the license to include the sale of other raw dairy products.

North Carolina
The sale or dispensing of raw milk for human consumption is illegal. This ban extends to cow share agreements or to any other contractual arrangement or exchange.

State law does permit farmers to "dispense" raw milk and raw milk products for animal feed.

North Dakota
Raw milk sales for human consumption are illegal. The state has adopted Section 9 of the Pasteurized Milk Ordinance which permits only the sale of pasteurized milk to the final consumer.

There are no state laws against the sale of raw milk for pet consumption. It is the policy of the state Department of Agriculture to permit on-farm sales of raw milk for pet consumption provided that the farmer posts signs stating that they are selling raw milk for pet consumption only.

Ohio
Raw milk sales for human consumption are illegal. The state has adopted Section 9 of the Pasteurized Milk Ordinance which permits only the sale of pasteurized milk to the final consumer.

There are no state laws against the sale of raw milk for pet consumption. It is the policy of the state Department of Agriculture to permit on-farm sales of raw milk for pet consumption provided that the farmer posts signs stating that they are selling raw milk for pet consumption only.

Oklahoma
Raw milk sales are legal on the farm. Farmers can make "incidental sales of raw milk directly to consumers" without having to obtain a permit. While state law does not specifically define what incidental sales of raw cows milk are and leaves this determination to the discretion of the state inspector, raw goat milk producers can sell up to 100 gallons of goat milk per month without a permit. Farmers making incidental sales of raw goat milk have the right to advertise.

Even though the incidental sales exception does not apply to raw cheese, state law does not prohibit farmers from making cheese using milk or cream produced on their farm.

Farmers making more than incidental sales of raw milk must have a raw milk permit. This permit is only good for raw milk sales, not for any other raw dairy products. Producers wanting to sell raw milk products must obtain a manufacturing plant permit.

Oregon
Raw goat or sheep milk sales are legal on the farm and in retail stores. No permit is necessary for farmers with no more than nine producing goats and nine producing sheep who sell the milk on the farm directly to the consumer. Raw cow milk sales are illegal except for on-farm sales where the farmer has no more than three producing cows on the premises. The state prohibits advertising for on-farm sales.

Farmers producing raw goat or sheep milk can sell in retail stores if they obtain a producer-distributor license and have their own bottling plant on site. Licensees can sell goat or sheep milk products such as butter, cream, yogurt, and cheese as well. There is one licensed goat milk farmer in the state at the present time.

Pennsylvania
Raw milk sales are legal on the farm and in retail stores. Raw milk for retail producers must have a permit and can only sell to stores if they have their own packaging operation with labeling and bottling machines. Stores purchasing raw milk from farmers for resale do not ordinarily need a permit. Producers selling raw milk only on the farm do not need bottling equipment because the state permits customers to bring their own containers.

The only raw milk product that licensees can sell legally is cheese. According to the Department of Agriculture, this is because the state has a standard of identity regulation only for raw cheese, not for any other raw dairy products. If a dairy product does not have a standard of identity regulation, the Department will not issue a permit for it.

Rhode Island
Raw milk sales are illegal with one exception: An individual may purchase raw goat milk from a producer if that person has a written, signed prescription from a physician. According to the state Department of Health, no one has ever taken advantage of this provision in the law.

South Carolina
Raw milk sales are legal on the farm and, to a limited extent, in retail stores. Farmers must obtain a permit and can only sell raw milk, not raw milk products. The state Department of Health and Environmental Control prohibits the sale of any processed raw dairy product. Advertising is legal.

A retail store can only sell raw milk if the store does not fall under the regulatory definition of a "food service establishment." Under current law, only convenience stores "which offer for sale prepackaged food" … and "engage in limited preparation of nonpotentially hazardous food" are outside this definition.

South Dakota
Raw milk sales are legal on the farm and through home delivery. Even though the state has adopted the Grade A Pasteurized Milk Ordinance (including Section 9 of the PMO which only permits the sale of pasteurized milk to the final consumer) it has created a statutory exemption for raw milk, cream, skim milk or goat milk occasionally secured or purchased for his personal use by any consumer at the place or farm where the milk is produced…" and for a "farm producer of milk, selling and delivering his own production direct to consumers only."

Farmers are responsible for bottling the milk and must have a milk plant license in order to be able to use bottling equipment on their farm. They must clearly label each container as "raw milk." According to the state Department of Agriculture, there are no farmers selling raw milk on any noticeable scale at the present time.

Tennessee
Raw milk sales for human consumption are illegal. The state Department of Agriculture has interpreted "sale" to even cover giving away raw milk and raw milk products. In 2003, a state representative introduced a bill to legalize raw milk, but the Tennessee Senate Agricultural Committee voted the bill down and it never reached the floor of the legislature.

Raw milk and raw milk product sales for pet consumption are legal, even though the state animal feed laws contain no specific provision about raw dairy products. Producers and sellers must obtain a commercial feed license from the state.

Texas
Raw milk sales are legal. Sales must be on the farm and can only be directly to the consumer. Farmers must obtain a Grade A Raw for Retail Milk Permit from the state Department of Health. Licensees can sell milk products such as raw cream and raw yogurt as well. There are currently eleven retail raw milk licensees in the state with all of them selling only raw goat milk and raw goat milk products.

Raw goat milk producers can also obtain an animal feed license. They get the license from the Texas Feed and Fertilizer Service, a branch of the Office of the State Chemist. Goat milk producers with an animal feed license must have their products contain a label with the statement "For Animal Feed Only." In addition, all raw goat milk products for animal feed must contain a blue dye.

Utah
Raw milk sales are legal. Sales must be on the farm to the final consumer. Producers must obtain a permit from the Department of Agriculture. State law requires producers to bottle the milk on the premises where produced and to label each bottle "raw milk." Farmers cannot sell raw milk products except for block cheese that has been produced according to federal specifications. Farmers can sell the block cheese on the farm, in retail stores or for wholesale distribution.

There are currently four licensed raw milk farmers, two selling cows milk and two selling goats milk.

Vermont
On-farm sales of raw milk are legal. State law permits producers to sell up to 25 quarts of raw milk per day. The state has exempted farmers from needing a license to sell raw milk to the public and retail raw milk sales are subject to little regulatory oversight. The Vermont Department of Agriculture would not inspect any dairy operation that sells only retail raw milk.

Department policy prohibits advertising of raw milk sales. The state law permitting sales of raw milk on the farm does not extend to raw milk products.

Virginia
Raw milk sales are illegal. According to the State Department of Agriculture and Consumer Service, there are two cow share programs operating in Virginia, one of which has state approval. Cow-shares are available through the Herndon Chapter of the Weston A. Price Foundation.

Washington
Raw milk sales are legal on the farm and through home delivery. They are legal in retail stores as well if local health ordinances do not prohibit.

Producers must obtain a permit from the State Department of Agriculture. This requirement applies to any farmer operating a cowshare program. Farmers must bottle the milk on the premises and each bottle must contain a warning label stating "WARNING:This product has not been pasteurized and may contain harmful bacteria. Pregnant women, children, the elderly, and persons with lowered resistance to disease have the highest risk of harm from use of this product. "Retail stores must display warning signs near the location of raw milk and raw milk products in the store.

The Department of Agriculture currently limits the raw dairy products licensees can sell to milk and cream. Producers can sell raw milk for animal consumption if they put coloring in the milk. There is currently one retail raw milk licensee in the state.

West Virginia
Raw milk sales are illegal.

Wisconsin
Wisconsin law states that, "no person may sell or distribute any milk or fluid milk products which are not Grade A milk or Grade A milk products to consumers, or to any restaurant, institution or retailer for consumption or resale to consumers. Grade A milk and Grade A milk products shall be effectively pasteurized…. "The law does provide an exception to the ban on raw milk consumption for "incidental sales of milk directly to consumers at the dairy farm where the milk is produced. "The administrative regulation for the State Department of Agriculture, Trade, and Consumer Protection (DATCP) states that the "incidental sales" exemption "shall not apply to sales which are regularly made in the course of business or are preceded by any advertising, offer to or solicitation of members of the public, but shall include any sales to employees or persons shipping milk to the dairy plant'

State regulations define "person" as "an individual, partnership, firm, association, corporation."

In a 2002 court decision, an administrative law judge further expanded what would constitute sales to "persons" under the "incidental sales" exemption. The case before the judge concerned the legality of cowshare agreements. While ruling that cowshare agreements were illegal, the judge did find that DATCP's interpretation of the "incidental sales" exemption "clearly allows regular distribution of ungraded raw milk to the "persons" shipping the milk and their employees. The person shipping milk includes the underlying owners, if the entity holding the milk producer license is a partnership, association, corporation, firm or any other legal business entity."

In response to this decision, two farms obtained permission from the State Department of Financial Institution (DFI) to issue shares to their customers giving them part ownership in the "entity holding the milk producer license," enabling the shareholders to purchase raw milk and raw milk products.

DATCP responded to the farm's distribution of shares with a request to the judge seeking a further clarification of her finding that the underlying owners of the milk producer license could purchase raw milk and raw milk products on a regular basis.

In 2004, the judge issued a final order, holding that agreements sharing ownership in the milk producer license would enable shareholders to take a share of the ungraded raw milk produced if the following conditions were met:

1. "Investments in entities holding milk producer licenses must be for the purpose of holding a milk producer license, using milking animals to produce milk for sale or distribution in the public, human food chain. Disclosure agreements for this investment must include this as the purpose for the investment."
2. "Investments in entities holding milk producer licenses may not be solely for the purpose of purchasing non-pasteurized milk or milk products."
3. "The more limited the ownership in the milk producer license, the more the specific investment amount must be tied to the benefit amount received by the limited shareholders."
4. "The shareholder may be required to share or assume the risk of losing their investment in the entity holding the milk producer license."
5. "Disclosure agreements for investments must include the risks of ownership in the entity holding the milk producer license, including the investment risks and the risks of taking any product as a benefit of ownership, as specified in the decision."
6. "Milk and milk product preparation, handling, storage and distribution amongst owners must be physically separate from any food preparation, handling, storage, distribution and sales to the public on the premises."

In her final order, the judge made clear that if a farm sold milk and milk products exclusively to its shareholders (owners) and not to a milk plant or any other distributor, DATCP would not regulate the production and usage of dairy products from that farm.

Wyoming
Raw milk sales are illegal.