Act No. 62

(H.125)

Agriculture; dairy operations; sale of unpasteurized (raw) milk

This act regulates the sale of unpasteurized (raw) cow, goat, sheep, or other milk for fluid consumption. This act does not apply to milk that will be pasteurized or to raw milk used in manufacturing dairy products other than fluid milk.

Under previous law, the daily sale of up to 50 quarts (12.5 gallons) of unpasteurized milk was permitted without regulation. This act allows daily sales of up to 40 gallons (160 quarts) of raw milk but imposes new regulations. All producers must sell raw milk only from the farm, must meet basic sanitary standards, must properly label milk, must permit customer inspection of the production facilities, and must maintain certain records.

The act divides raw milk production into two tiers. The first tier covers the sale of 12.5 gallons or fewer in a single day. Producers operating under this tier are only required to meet the standards listed in the paragraph above. Farmers intending to sell 12.6 to 40 gallons per day and farmers intending to deliver raw milk must meet the requirements of tier two, which include registration with the agency of agriculture, food and markets, inspection by the agency, bottling standards, and twice monthly milk testing.

Only tier-two producers may deliver milk directly to a customer at the customer's home or to a refrigerated unit at the customer's home. The farmer may only deliver milk that has been purchased in advance of the delivery.

Raw milk producers are not required to obtain a handler's license for the sale of their raw milk.

Date Signed by the Governor: June 8, 2009

Effective Date: July 1, 2009

MUNICIPAL ACTS