Raw Milk

Raw Milk Sold for Human Consumption

According to ATCP 65.52, "No person may sell or distribute unpasteurized milk or dairy products to consumers or to any person for resale or redistribution in unpasteurized form to consumers."

This does not prohibit any of the following:

A licensed milk producer who assumes legal responsibility for daily operations.
An individual who has a bona fide ownership interest in the dairy farm and milking operation, if the licensed milk producer is a legal entity.
A family member or nonpaying household guest who consumes the milk at the home of an individual milk producer or bona fide owner.
The sale or distribution to the employees of that dairy farm.
The incidental sale to a consumer at the dairy farm where the milk is produced.

A sale is not incidental if the consumer subsequently sells or distributes the milk.
A sale is not incidental if it is made in the regular course of business, or is preceded by any advertising, offer, or solicitation made to the general public through any communications medium.

Raw Milk Sold for Animal Feed

Raw milk can be distributed in Wisconsin as animal feed by licensed commercial feed businesses.

Wisconsin Administrative Code § ATCP 42.04(2) and 42.28(1)(a) requires commercial feed, including raw milk, to be clearly and conspicuously labeled for the intended species and purpose, so that the information is readily visible and legible to the purchaser.

We advise manufactures to differentiate raw milk for animal feed/pet food from milk for human consumption by doing the following, which are consistent with Association of American Feed Control Officials (AAFCO) best practices:

Using packaging that does not resemble packaging used to contain milk for human consumption;
Color or de-characterize the raw milk with a coloring agent;
The statement, "CAUTION: NOT FOR HUMAN CONSUMPTION; THIS RAW MILK HAS NOT BEEN PASTEURIZED AND MAY CONTAIN HARMFUL BACTERIA", verbatim on the accompanying label; and
Physical separation at retail from milk or milk products intended for human consumption.

Manufacturers, labelers, and distributors of commercial animal feed in Wisconsin are required to be annually licensed and report tonnage. Details are on DATCP Home Commercial Feed Licensing and Tonnage Reporting (wi.gov). A Commercial Feed License can be applied for online or with a mail in form and a check for $25.

FAQs About Raw Milk in Wisconsin

Can a dairy farmer legally sell raw milk for human consumption?
No. The sale or distribution of raw or unpasteurized milk is illegal. The law exempts the “incidental sale” of raw milk directly to a consumer at the dairy farm where the milk is produced, for consumption by that consumer (or the consumer’s family or nonpaying guests). But those sales are also illegal if done as a regular business, or if they involve advertising of any kind.

Can a dairy farmer legally sell raw milk for use as animal feed?
Yes. The sale or distribution of raw or unpasteurized milk for use as animal feed is allowed. Pet food operations must be separate from milk for human consumption and all required portions of ATCP 42 must be met.

Can a dairy farmer legally sell dairy products made from raw milk?
No. You must have a dairy plant license to make dairy products that are sold to consumers. Products such as yogurt, butter and cream must be made from pasteurized milk. Cheese must be made from pasteurized milk unless it is properly aged for at least 60 days.

Can dairy farmers consume raw milk from their own farms?
Yes. A licensed milk producer may consume raw milk from his or her own farm, and may serve that raw milk to family members and nonpaying household guests. A licensed milk producer is legally responsible for all dairy farm operations.

What if the licensed milk producer is a corporation or other business entity?
If a dairy farm is licensed to a legal entity other than an individual or married couple, an individual who is a bona fide owner of that business entity may consume raw milk from that dairy farm, and may serve it to family members and nonpaying household guests. However, a person who merely makes a sham investment in order to obtain raw milk is not a bona fide owner.

Does owning a “cow share” or “herd share” qualify as bona fide ownership?
No.

Can dairy farm employees buy raw milk from the dairy farm where they work?
Yes. Employees can buy raw milk for their personal or household consumption, provided that the licensed dairy farm operator declares them as employees for payroll and tax-reporting purposes.