By DOUG GRAVES
Ohio Correspondent

WASHINGTON, D.C. — The raw milk trade has led to recent legal disputes. The Ohio Department of Agriculture (ODA) has prosecuted several farmers for allegedly selling raw milk to consumers in the past few years. The Food and Drug Administration (FDA) recently filed an injunction to stop a California raw milk dairy from shipping raw milk for human consumption out of state.

Laws pertaining to raw milk in the Farm World readership area:
•Indiana – Raw milk sales for human consumption is illegal. Cow-share programs exist in the state and are legal. Cow-shares 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.

•Ohio – Raw milk sales for human consumption is illegal. There are no state laws against the sale of raw milk for pet consumption. It is the policy of the Ohio 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.

•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.

•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; (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 to farmers with just a few cows who sell raw milk only on the farm.

•Michigan – Raw milk sales are illegal. Michigan has some of the strictest milk laws on the books and in 1948 passed mandatory pasteurization laws. Farmers may not even sell raw milk from the farm. Though illegal, there are still four cow share programs that exist.

•Tennessee – Raw milk sales for human consumption are illegal. The Tennessee Department of Agriculture has interpreted “sale” even to cover giving away raw milk and raw milk products. Raw milk and raw milk product sales for pet consumption are legal. Producers and sellers must obtain a commercial feed license from the state.