The Legal Landscape Surrounding Raw Milk in Ohio
Ohio follows a similar track as most other states in the country when it comes to the sales and production of raw milk, but there are some differences and nuances that Ohio residents should be aware of. Currently, here is what is legally allowed by state law at present time:
Direct Farm Sales
Farmers may sell raw milk to consumers from their farm or from a roadside stand or farmers’ market. The farmer does not require a license , inspection or permit to do this (as long as the sale of other products does not take place on the same licensed, inspected premises as the raw milk sales).
Retail Sales
Raw milk may not be sold at retail, other than from the farm direct to consumers.
Dairy Farm Licenses
All dairy farms in Ohio that produce milk for commercial sale must be licensed, the licenses must be renewed annually, and the milk must be produced and processed in accordance with Ohio’s Minimum Sanitation Standards for the Production and Processing of Milk.
Ohio’s Standing Among Other States
Compared to many other states, Ohio has fairly conservative raw milk laws. For instance, the production and sale of raw milk for human consumption, even when registered and licensed, is illegal in Wisconsin, Iowa, Michigan, Kansas, New Mexico, Arizona and Washington. In Minnesota, sales through "common carriers", such as home delivery or mail order, are banned.
The raw milk laws in nearby Pennsylvania, Kentucky, Indiana and Illinois allow on-farm sale of raw, unpasteurized milk from unlicensed dairies, though those dairies must be registered with the state. But in each of those neighbor states, the sale of raw milk is limited to either a cow share program or a herd share program.
Some states have decided to allow limited sales of raw milk or cheese made from raw milk in only whole or pasteurized form. Such is the case with Maine, New Jersey, Connecticut, South Carolina and Mississippi.
Like Ohio, four other states have passed legislation protecting the consumer’s right to choose and purchase raw milk products directly from producers (although other methods are permitted). Arkansas, Missouri, Idaho and Montana also allow the on-farm sale of raw milk and raw milk products.
The Ramifications of Ohio’s Raw Milk Law
There are both health and economic impacts of the legislation on raw milk currently in Ohio and proposed. Legalizing raw milk may increase the number of raw milk producing farms if there is increased demand, but potentially could lower the price of raw milk if the increase in production increases supply. Raw milk is riskier than pasteurized milk for consumers so that needs to be considered when weighing the impacts of any potential change in the law. Consumers may decide to pay a premium for raw milk or they may not. Raw milk for children may mean a rise in hospital visits for campylobacter if families of young kids choose that route.
Raw Milk for Consumers: A Quick Reference
If you have done your research, educated yourself on the risks and benefits of raw milk, understand the laws surrounding its sale in Ohio, and wish to try raw milk, there are some consumer guidelines that are specific to raw milk. Keep refrigerated at 41 degrees or below. Refrigerate promptly or discard after two hours. After purchase, store raw milk at 41 degrees or below. Raw milk will spoil much more quickly than pasteurized milk due to the enzymes present in raw milk. Keep the raw milk in the coldest part of the refrigerator to ensure that it stays below 41 degrees. Discard any raw milk that has not been refrigerated for more than two hours. Be aware of when the milk was bottled and sell by date. Many raw dairy operations bottle their raw milk, so check the sell by date on the label. If the milk looks, smells, or tastes spoiled or off, discard it. If you are at a farmers market, ask producers to look for a date and tell you when the raw milk was bottled, so you can judge the age of the product. If you suspect it is spoiled, don’t drink it. If you suspect the milk is spoiled from its look , smell, or taste, do not consume it. Throw it out. Some sources recommend using spoiled raw milk in baking, but there is no consensus on this method, and its safety is unknown. If possible, buy raw milk directly from a farm. In Ohio, raw milk can be sold from the farm where the dairy animals are raised, or at offsite locations if they have received a valid producers permit from ODA. At farms, you can visit the facilities and ask about the practices used to keep the raw milk safe. The ODA requires that raw milk sold from the farm be bottled daily and the bottles be washed thoroughly after each use. Bottles used on farms should also be properly sanitized in a dishwasher to prevent cross contamination. On-farm sales (as opposed to at farmers markets, stores, or other retail venues) also tend to have fresher raw milk available. Farm sales also offer the opportunity to form relationships with the farmer, which some people prefer over business relationships with a store or market. Visiting a farm may also allow you to meet the animals and see them being raised in person.
Legal Issues and Advocacy for Raw Milk
For consumers and raw milk advocates, there is constant tension between making and keeping raw milk legal, and the inability to get cow shares or privately purchased raw milk if one was depending only on the state of legal affairs in Ohio. In Ohio, there are political advocacy organizations working to eliminate the regulations currently in place or at least to ease some restrictions.
The Ohio Right to Farm Association is one such group. The association’s website states that it was formed as part of a response to "multiple lawsuits" against operations that provide some access to raw dairy in violation of Ohio law. One Ohio Right to Farm Association board member has been an advocate for raw milk since 2007 when he founded the Farm-to-Consumer Legal Defense Fund in Ohio, a non-profit 501(c)(4) corporation that worked to obtain and defend the right to consume raw milk. Although that association formed in 2007 with a focus on raw dairy and did a successful job of defending a county-wide right to farm ordinance in 2016, their work to challenge a ban on fresh, unprocessed whole milk products outside of a dairy or creamery has been less successful.
In 2013, the Ohio Supreme Court upheld a lower court ruling that held that a county ordinance allowing raw dairy sales as legally permitted sales under the Ohio Department of Agriculture’s "farm market" label, was preempted by Ohio Revised Code § 917.10, a general law establishing livestock sanitary rules in Ohio. Preemption means that the state law controls over and nullifies local ordinances passed in conflict with state law. Since that ruling in 2013, the Ohio State Supreme Court has not agreed to hear another case challenging the state law governing fresh, unprocessed milk products, and while the Ohio State Legislature has considered bills that would have changed the law to permit cow shares, the bills did not make it out of committees.
While the Ohio Legislature has not made any changes to the state laws regulating raw dairy in the past few years, the National Conference of State Legislatures publishes a report on state laws, regulations and issues that affect raw milk nationally, and raw milk rules in Ohio are on the national radar in policy conversations.
The Future of Raw Milk Legislation
As legal standards and public opinion continue to evolve, the landscape of raw milk distribution may be subject to regulatory shifts or significant prosecution strategies. Yet, an in-depth analysis of current laws spells out the likelihood of such a shift.
Although human consumption of raw milk is not likely to become a criminal matter because law enforcement and policy makers don’t want to waste so many resources such a small number of raw milk producers , the trend is toward limiting consumer options through permitting laws for raw milk. This means that raw milk will soon be more difficult to come by for Ohioans outside of traditional grocery stores, regardless of whether they agree with Ohio’s safety approach.