SUMMARY OF STATE RAW MILK LAWS

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.

STATUTES

Minnesota Statutes
AGRICULTURE
CHAPTER 32 DAIRY PRODUCTS

32.393 Limitation on sale.

Subdivision 1. Pasteurization. No milk, fluid milk products, goat milk, or sheep milk shall be sold, advertised, offered or exposed for sale or held in possession for sale for the purpose of human consumption in fluid form in this state unless the same has been pasteurized and cooled, as defined in section 32.391; provided, that this section shall not apply to 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.

CONSTITUTION OF THE STATE OF MINNESOTA
Preamble

ARTICLE XIII MISCELLANEOUS SUBJECTS
Sec. 7. NO LICENSE REQUIRED TO PEDDLE. Any person may sell or peddle the products of the farm or garden occupied and cultivated by him without obtaining a license therefor.

AGRICULTURE
CHAPTER 28A LICENSING FOOD HANDLERS

28A. 15 Exclusions.

Subdivision 1. Licensing provisions applicability. The licensing provisions of sections 28A.01 to 28A.16 shall not apply to the following:

Subd. 2. Sales by farmers; others not in food business. Persons selling the products of the farm or garden occupied and cultivated by them, or to persons not regularly engaged in the business of manufacturing and selling food and who prepare food only on order of and for sale directly to the ultimate consumer, or to educational, charitable or religious organizations not regularly engaged in the business of manufacturing, processing, or selling food at their established educational, charitable or religious institutions.

Last updated January 6th, 2011