Yes — raw milk is legal in New York, but only under strict rules. It cannot be sold like normal pasteurized milk in grocery stores, supermarkets, or regular retail shops. In New York, raw milk may only be sold directly from the farm to consumers by a producer who has the proper state permit.
The New York State Department of Agriculture and Markets says a farmer must obtain a Raw Milk Sales Part 2 permit to sell raw cow milk directly from the farm to consumers. Even giving away one gallon of raw milk requires a permit.
Here’s everything you need to know.
The Basic Rule in New York
Raw milk is milk that has not been pasteurized. Pasteurization is the heating process used to kill harmful germs in milk.
New York does not allow raw milk to be sold freely through normal retail channels. A consumer usually must go to the permitted farm location to buy it. The state also requires testing and safety controls before a farm can sell raw milk legally.
Can Raw Milk Be Sold in Grocery Stores?
No. Raw milk is not allowed for normal retail sale in New York grocery stores or supermarkets. The legal route is direct sale from a permitted farm.
New York’s farmers market guidance also says raw milk may not be sold at farmers markets in New York State. It may only be sold at the physical farm location and must be permitted by the Department’s Division of Milk Control and Dairy Services.
What Permit Is Needed?
A farmer needs a Raw Milk Sales Part 2 permit. To receive the permit, the farmer must meet several requirements, including enrollment in the Quality Milk Production Services program, animal testing, milk sample testing, and a satisfactory farm water test. Required milk testing includes pathogens such as Salmonella, Listeria, E. coli O157:H7, Campylobacter, and Staphylococci.
This means raw milk sales are not completely open. The farm must be inspected and must follow state dairy rules.
Is Raw Goat or Sheep Milk Legal?
Raw goat or sheep milk may have separate requirements. New York Agriculture and Markets tells producers to contact the department for requirements to sell raw goat’s or sheep’s milk.
So the answer for cow milk is clearer: permitted on-farm sales are allowed. For goat or sheep milk, the producer should confirm the exact permit requirements with the state.
Can Raw Milk Be Delivered?
New York’s public guidance focuses on sale at the physical farm location. Since raw milk is not allowed at farmers markets and is limited to permitted farm sales, delivery or off-farm distribution should not be assumed legal.
The safest rule is: buy raw milk only at a permitted farm that is legally allowed to sell it.
Is Raw Milk Cheese Legal?
Raw milk cheese is treated differently from bottled raw milk. New York farmers market guidance says raw milk cheese may be sold at farmers markets only if it is made under a Part 2 permit or equivalent, inspected by the Department’s Division of Milk Control and Dairy Services, and aged for at least 60 days.
So raw milk itself and raw milk cheese do not follow the same rule.
Is Raw Milk Safe?
Raw milk carries health risks because it has not gone through pasteurization. The CDC says drinking or eating products made from raw milk can expose people to germs such as Campylobacter, Cryptosporidium, E. coli, Listeria, Brucella, and Salmonella.
The FDA also warns that raw milk can carry dangerous germs and may be especially risky for children, older adults, pregnant women, and people with weakened immune systems.
Final Answer
Raw milk is legal in New York only in a limited way. A farmer with a Raw Milk Sales Part 2 permit may sell raw cow milk directly to consumers at the farm. But raw milk cannot be sold like regular milk in grocery stores, supermarkets, or farmers markets.
The safest legal answer is simple: raw milk is legal in New York only through permitted on-farm sales.
Frequently Asked Questions
Q: Is raw milk legal in New York?
A: Yes. Raw milk is legal only through permitted on-farm sales.
Q: Can I buy raw milk in a grocery store in New York?
A: No. Raw milk is not legally sold in normal grocery stores or supermarkets.
Q: Can raw milk be sold at farmers markets?
A: No. New York guidance says raw milk may not be sold at farmers markets.
Q: Do farmers need a permit to sell raw milk?
A: Yes. A farmer needs a Raw Milk Sales Part 2 permit, even to give away one gallon.
Q: Can raw milk be delivered in New York?
A: Do not assume so. New York’s rules focus on direct sale at the physical farm location.
Q: Is raw milk cheese legal?
A: Yes, in some cases. Raw milk cheese may be sold if it is properly permitted, inspected, and aged at least 60 days.
Q: Is raw goat milk legal in New York?
A: It may have separate requirements. Producers should contact New York Agriculture and Markets for the exact rules.
Q: Is raw milk safe to drink?
A: Raw milk can carry harmful germs. Public health agencies warn that it can cause serious illness, especially for children, pregnant women, older adults, and people with weak immune systems.
Q: What is the safest legal rule?
A: Buy raw milk only from a New York farm that has the proper raw milk permit.