public-service · raw milk interstate commerce rule
The Federal Rule Governing Interstate Raw Milk Sales
21 CFR 1240.61 bars unpasteurized milk from interstate commerce, with a narrow cheese-curing exception. Here is its exact text and amendment history.
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Updated: Sources: 1
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What matters now
- 21 CFR 1240.61 is the federal rule that governs unpasteurized milk moving in interstate commerce.
- It bars delivering unpasteurized milk in final package form into interstate commerce.
- It also bars selling, distributing, or holding such milk for sale after interstate shipment.
- A narrow exception applies only when an alternative to pasteurization is itself set by regulation, such as Part 133's cheese-curing provision.
- The current text traces to 52 FR 29514 (Aug. 10, 1987), amended by 57 FR 57344 (Dec. 4, 1992).
The federal record that governs raw milk shipped across state lines is 21 CFR 1240.61. Its own text bars anyone from delivering unpasteurized milk or milk product in final package form into interstate commerce, or from selling, distributing, or holding it for sale after it has moved in interstate commerce, unless the product has been pasteurized or made entirely from pasteurized dairy ingredients — subject to a narrow regulatory exception for procedures such as the one Part 133 allows for curing certain cheese varieties.
This original record-reading guide is a general reading aid, not cited evidence. It does not depict a source record; the article text and source links provide the facts.
Key points
- 21 CFR 1240.61 is the specific federal regulation that addresses raw milk moving in interstate commerce.
- The rule prohibits delivering unpasteurized milk or milk product in final package form into interstate commerce for direct human consumption.
- The same rule prohibits selling, distributing, or holding such a product for sale after it has already shipped in interstate commerce.
- The regulation allows an exception only where an alternative procedure to pasteurization is itself provided for by regulation, such as Part 133’s provision for curing certain cheese varieties.
- The current text traces to an amendment published at 52 FR 29514 (Aug. 10, 1987), further amended at 57 FR 57344 (Dec. 4, 1992).
What the regulation says
The operative text of 21 CFR 1240.61 reads:
“No person shall cause to be delivered into interstate commerce or shall sell, otherwise distribute, or hold for sale or other distribution after shipment in interstate commerce any milk or milk product in final package form for direct human consumption unless the product has been pasteurized or is made from dairy ingredients (milk or milk products) that have all been pasteurized, except where alternative procedures to pasteurization are provided for by regulation, such as in part 133 of this chapter for curing of certain cheese varieties.” (https://www.ecfr.gov/current/title-21/section-1240.61)
Two acts trigger the prohibition on their own: causing unpasteurized milk in final package form to be delivered into interstate commerce, and selling, distributing, or holding it for sale or other distribution once it has already been shipped in interstate commerce. Either act is covered independently of the other.
The cheese-curing exception
The rule is not an absolute ban on unpasteurized dairy products in interstate commerce. It carves out room for “alternative procedures to pasteurization” when those procedures are themselves “provided for by regulation.” The text names one example directly: Part 133’s provision for curing certain cheese varieties. The regulation does not itself list which cheese varieties or describe the curing procedure — that detail sits in Part 133 — but the text of 1240.61 makes clear that any such exception must come from a separate regulatory provision, not from an informal or ad hoc practice.
Amendment history
The regulation’s own citation line records its rulemaking history:
“[52 FR 29514, Aug. 10, 1987, as amended at 57 FR 57344, Dec. 4, 1992]” (https://www.ecfr.gov/current/title-21/section-1240.61)
That means the rule now in force was published in the Federal Register on August 10, 1987, and was subsequently amended by a Federal Register notice published on December 4, 1992.
What this article does not answer
This article covers only what 21 CFR 1240.61 itself says about raw milk in interstate commerce. It does not address whether a given state permits raw milk to be sold within that state’s own borders — intrastate sale is a matter of state law, and this federal record does not reach it. It also does not address whether raw milk is safe to drink or otherwise consume, and it offers no guidance or judgment about an individual’s decision to consume raw milk. Readers with questions on those points should consult their state’s dairy regulations or a public health authority rather than this record.