With EVERY SALE - It's your product, your reputation, and potentially, even though liability is shared with a contract, your farm on the line. Anyone can sue. Even when you're innocent, attorney fees can kill your business; let alone the stress and publicity.

NEVER sell a product that you wouldn’t eat or drink yourself.


SECTION 1. A new section to chapter 4.1-25 of the North Dakota Century Code is created and enacted as follows:

Sale of raw milk directly to a consumer—Prohibitions—Exemptions.

1. A farm may sell raw milk directly to the end consumer for personal consumption.

2. 2. A farm may not sell raw milk to a wholesaler or retail store for mass consumption under this chapter. The seller shall only sell milk within this state. The sale may not involve interstate commerce. Raw milk may not be donated.

3. A farm selling raw milk under the provision of this section is not subject to any other provision of this chapter, chapters 4.1-05, 4.1-26, 19-02, or 23-9, or title 64.

What do the exemptions cover:

4.1-25 - Dairy Product Regulation (Pasteurized)

4.1-05 - Dairy Checkoff

4.1-26 - Milk Marketing Board

19-02 - ND Food, Drug and Cosmetic Act

23-9 - Food and Lodging Establishments

Title 64 - Weights, Measures and Grades


The reason the “no donation” provision was added to this law is so people who are uninformed about fresh milk don’t accidentally drink it. This provision is about community events. It does not apply if you are giving milk to a friend, neighbor, or person who has been fully informed of potential risk.

This law is ONLY FOR RAW milk - NOT pasteurized.

Most farm liability policies will not protect you if you are selling raw milk.

Check with your insurance agent.

IF SOMEONE BECOMES SICK, and raw milk is suspected of causing the illness,

the Health Department has the right to inspect your property.

You may wish to video or have witnesses if the Health Department arrives. You should also take your own samples of anything they sample.


You MAY wish to test for these diseases which can have an impact on human health:

1. Brucellosis

2. Tuberculosis

3. Johnes’ Disease

4. Q-Fever

5. Toxoplasmosis


7. CL

Educate yourself and test for those which apply to your situation. Once animals are tested, you need to keep them away from non-tested livestock.

REMEMBER - your milk is only as healthy as the least healthy animal you are milking.

Your milk is only as clean as the least conscientious person who is handling it. The more people involved in the milking process, the more opportunity there is for contamination. EVERYONE needs to be trained and do their job well.


1. Clean and dry udder.

2. Strip initial milk from teats.

3. Milk.

4. Dip teats.

5. Filter and cool milk quickly.

6. Transport cold.


Producing Fresh Milk Books:

Michigan Fresh Unprocessed Whole Milk Workgroup Study:

Best Place To Advertise and Learn (free):

Also has a lot of educational materials for you and your customers. The Weston A Price Foundation is the BEST promoter of farm fresh milk.

Other source of information:

Coliform Testing Available:


3 Ways Humans Can Become Ill From Farm Fresh Milk:

1. Improper handling - by the producer or the customer. Make sure your customer knows how to transport and store this product.

2. Unhealthy animals - although rare, unhealthy animals may be a source of disease.

3. General poor human health; have customers start with small amounts for a couple of days to see how their bodies adjust. Some people have trouble digesting the large fat molecules, particularly in cow's milk. Other people are used to the vast amount of probiotics contained in raw milk and need time for their bodies to adjust. Still others may have an allergy to a particular milk protein or other intolerance to dairy. Starting slow to allow your body to adjust is the best way to ensure you will be able to drink farm fresh milk without incident.

Copyright North Dakota Food Freedom 2023

If you'd like to see the history of the raw milk law and learn how it came to pass, check out this page.