The Law & Raw Milk

Napoli_-_venditore_di_latte_di_capra_(capraio)_-_Naples,_selling_goat_milkWhile federal law prohibits the inter-state sale of raw milk, intra-state sales are permitted, or left to individual states to regulate. Missouri state law regarding the sale of raw milk includes provisions which allow the sale of raw milk (cow or goat) to individuals for their own use either at the producer’s farm or delivered to the purchaser (though not through a separate distribution center located away from the producer’s farm). The pertinent state laws include the following (from the Missouri Department of Agriculture website):

Raw Milk

196.935 RSMo provides for the sale and/or delivery of raw milk from a producer to an individual for that individual’s own use. The Missouri Attorney General Office has interpreted the point of origin of the sale of raw milk is the producer’s farm.[1]

Attorney General Opinion 113-73 further interprets 196.935 saying that a dairy farmers cannot sell raw milk from a distribution center off site. [2]

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[1] 196.935. No person shall sell, offer for sale, expose for sale, transport, or deliver any graded fluid milk or graded fluid milk products in this state unless the milk or milk products are graded and produced, transported, processed, manufactured, distributed, labeled and sold under state milk inspection and the same has also been produced or pasteurized as required by a regulation authorized by section 196.939 and under proper permits issued thereunder. Only pasteurized graded fluid milk and fluid milk products as defined in subdivision (3) of section 196.931 shall be sold to the final consumer, or to restaurants, soda fountains, grocery stores, or similar establishments; except an individual may purchase and have delivered to him for his own use raw milk or cream from a farm.

[2] from http://mda.mo.gov/animals/milk/rawmilk.php

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