Raw milk (interstate sales)

Raw milk is not banned everywhere in the United States, but it cannot legally be sold across state lines. A federal rule that took effect on 9 September 1987 requires all milk in final package form for direct human consumption to be pasteurised if it moves in interstate commerce.

Key facts

• Status: restricted; interstate sales banned, in-state rules vary
• Federal rule: 21 CFR 1240.61, effective 9 September 1987
• Exception: raw-milk cheese aged at least 60 days
• Who decides in-state sales: each state

Why did the FDA ban interstate raw milk sales?

The Food and Drug Administration (FDA) gathered evidence through the 1970s and early 1980s linking raw milk to outbreaks of illness. In 1986 a federal court, in the case Public Citizen v. Heckler, ordered the FDA to ban interstate sales. The agency published the final rule on 10 August 1987, and it took effect a month later. In its notice, the FDA said raw milk may be unsafe no matter how carefully it is produced.

Can you buy raw milk in the US?

It depends on the state. Some states allow raw milk in shops, others only on the farm, through farmers’ markets or through “herd share” arrangements where buyers own part of a cow. Other states ban sales completely. The rules keep changing: Iowa legalised raw milk sales in 2023, and a bill was introduced in January 2026 to repeal that law.

Is the federal ban being challenged?

Yes. Raw milk producers have sued the FDA to try to allow shipments between states that both permit raw milk, and public health groups have warned states to prepare for possible federal changes. So far, the interstate ban remains in force.

Raw milk is one of several US food rules shaped by health concerns, alongside the nationwide ban on brominated vegetable oil. More cases are in the Food & Drink list.

General information, not medical advice.