What is Raw Milk
Before examining the legalities of raw milk sales in New York, it is important to understand exactly what raw milk is. In its most basic form, raw milk is unprocessed milk taken straight from a cow (or other milk-producing animal, such as a goat). Micro-organisms, some of which may be harmful to humans, are killed during pasteurization, or heating , which makes pasteurization necessary for all commercially sold milk in the United States. Fans of raw milk cite many purported benefits of drinking the unprocessed product, including the availability of more vitamins, minerals, and enzymes than pasteurized milk and a more greater availability of so-called "good bacteria." These proponents and the growing popularity of raw milk have gotten the attention of the New York legislature.
Overview of the Legal Status of Raw Milk in NY
The sale of raw milk in New York is currently legal, provided farmers meet all state guidelines. These include the requirement to obtain a Grade A raw milk permit. Farmers must follow strict sanitation requirements and rabbit herds must also be inspected each year. There are no volume limits to how much raw milk a single farm can sell directly to consumers. New York State currently has a total of 45 permitted raw fluid milk dairies, and the cap for how many can be permitted was recently lifted. Buying raw milk directly from farms is not only a growing trend, but one that’s legal in New York. However, it’s a complicated legality, and some producers have faced increased scrutiny as a result. In March 2018, a letter sent by state health officials to licensed raw milk producers warned that raw milk cannot be given away to customers, despite what state regulations say. Permitted raw milk dairy farmers are allowed to sell their product via cow share agreements, but according to the New York State Department of Health, consumer purchase of shares is not regulated at all. Shareholders are considered co-owners and thus legal buyers, so long as they sign a contract documenting the arrangement, and therefore raw milk distribution via cow shares remains free from regulation. It’s worth noting that raw milk is illegal to sell commercially in some states due to the higher risk of foodborne illnesses. This remains a controversial topic, as consumer demand for raw milk increases and raw milk producers err on the side of individualism.
Health and Safety Regulations in the Raw Milk Industry
As is the case with any food or beverage, consumption of raw milk does not come without risk. Raw milk is particularly susceptible to contamination by pathogens as it provides an ideal environment for bacterial growth. Those most at risk include babies, children, pregnant women, the elderly and individuals with compromised immune systems. Consequently, the CDC reports that consuming unpasteurized dairy products, including milk, cheese and ice cream, is the primary transmission route for brucellosis, listeriosis, salmonellosis, campylobacteriosis, and Escherichia coli infections.
In 2015, the CDC indicated in a statement that there were over 200 outbreaks confirmed between 2007 and 2014 which were caused by consuming raw milk or products made from raw milk. Those include where one or more people became ill directly after consuming raw milk or products made from raw milk, as well as outbreaks in which consumption of raw milk or products made from raw milk was confirmed.
In 2010, CDC released an Epidemiological Summary of Unpasteurized Milk Consumption and Human Health-United States, 2007-2010. Among other things, the report demonstrated that from 2010-2012 unpasteurized milk or milk products caused 22% of all reported foodborne outbreaks linked to dairy products. The report concluded that drinking unpasteurized milk is just simply too risky.
How to Legally Purchase Raw Milk in New York
Since raw milk is legal to sell on the farm in New York, consumers can buy raw milk directly from the dairy farms they know and trust. New York State Department of Agriculture and Markets (NYSDAM) authorizes farmers to meet certain requirements before selling raw milk on their own farms.
These include: The cow must be a purebred of a recognized dairy breed. Regular tests must be conducted for tuberculosis and brucellosis. The bar has been raised from prior tests – herds now must be annually monitored for Johne’s disease. All cows in the herd must be tested for BVD, the highly infectious Bovine Viral Diarrhea. Pasteurization equipment must be in place and meet sanitation standards. The herd can no longer just be subject to regular home pasteurization procedures, as has happened in the past. Raw milk must be bottled in glass or in plastic containers that are not made with BPA.
Herd size. Although technically unlimited to 290 cows for on-farm sales, many farms have fewer than 100 cows and even less occasionally reach half that number. While the letter of the law allows for 290 cows, farming economics does not usually allow it to occur.
Licenses. Farmers must have a license as a bottler for raw milk.
Location. At this time, there are six raw milk operations known to be currently permitted for on-farm use: McGrath in Thompson Ridge, Schoharie Valley in Middleburgh, Sugar Hill Farm in Newport, Indian Ladder in Altamont, Mountain View in Plainfield, and Maple Hill in Hoosick.
Hours. Each operation typically has set hours for use by the public. This may range from very limited to very open.
Call first. Farmers spend a lot of time, effort, money, and resource investments before being permitted to sell raw milk, so don’t hesitate to ask questions and get them answered by the farmer or their staff. See if they have brochures or printed data sheets. Ask what the latest tests indicated. Ask if they have a Facebook page or website where they keep posted updates. Check if they meet NYSDAM’s compliance data.
Cash, Credit, and Debit. Many operations will allow cash only, but not all. Most permit use of debit and credit cards.
Quantity. Some farms do not have bulk tanks and therefore only have limited amounts available for consumer use. Others use full bulk tanks that are being emptied and filled regularly. Always check before counting on getting a specific amount, whether a pint, quart, or gallon. If they can’t meet your needs, they will let you know when they expect to be ready to meet those needs.
Do it right. Use coolers, ice packs, and other products designed to keep milk cool. Do not risk spoiling the milk by letting it sit out. Follow all instructions.
The Debate: The Risks and Rewards of Drinking Raw Milk
Advocates of raw milk argue that it is more nutritious than pasteurized milk and may have certain health benefits. Many proponents of raw milk point to its traditional use in Europe for centuries as a health food. They also note that the enzymes present in raw milk can aid in digestion and promote absorption of nutrients. Moreover, raw milk proponents assert that the probiotics (beneficial bacteria) in raw milk can help prevent and treat a number of gastrointestinal diseases, and that the naturally-occurring bacteria that raw milk contains from the cow and the environment promote a healthy balance of intestinal flora.
Furthermore, supporters say that pasteurization destroys important vitamins and other food value from milk, alters proteins to make them less digestible and kills live enzymes that can help digestion. In particular, raw milk advocates assert that pasteurization significantly reduces the vitamin content of milk, especially vitamins A, C, D, E, B6, B12, thiamine, niacin and riboflavin. And, they note, a 1958 study revealed that raw milk contains 800 times more thiamine than pasteurized milk.
Indeed, proponents of raw milk cite research showing that the benefits of raw milk include the prevention of allergic responses to milk and many other foods, immune system regulation, fewer cases of respiratory disease, less ear infections, less asthma and much lower rates of thyroid cancer than those who consume pasteurized milk. Proponents also cite studies showing that pasteurized milk has been linked to Type-1 Diabetes , and that many raw milk drinkers have benefited from the anti-diabetic properties of raw milk in reversing the disease.
For those on the other side of the debate, pasteurization of milk has made it a safe and practical food source for everyone, including children, the elderly, and those with weakened immune systems. The argument that pasteurization destroys vitamins is unfounded, the critics say, as the very nature of vitamins is that they are organic chemicals that can easily breakdown when subjected to heat or UV light. Further, they say, rather than being "irreparably damaged" by pasteurization, these vitamins in milk actually remain 10 times more stable after pasteurization. Moreover, they argue that the trace amounts of vitamin C left in milk after pasteurization do not provide any significant nutrition.
Furthermore, critics say, the purported "benefits" of raw milk were based on very weak and limited studies. Indeed, while a higher proportion of raw milk drinkers appear to have a reduced risk of allergies, the difference appears to be very small, and there is no evidence that the association is causative. Moreover, the alleged anti-diabetic properties of raw milk is based on the consumption of a veritable truckload of raw milk, since there are only about 5 grams of lactose, and less than 1/2 gram of galactose, in a gallon of raw milk. At any rate, excessive dairy consumption, even of raw dairy, can cause Type-2 Diabetes. And, they point out, since only a small percentage of raw milk drinkers are diagnosed with these diseases, the health risks of raw milk must be taken into account when evaluating the safety of raw milk.
Recent Developments in Raw Milk Laws
In early January 2019, New York’s Department of Agriculture and Markets published an amended Raw Milk Producer Permit Application to allow raw milk to be sold online with certain provisions. It was the first such permit amendment allowing sales via third parties in the state, and now concludes that raw fluid milk and cream can be sold through online ordering and provided through "transit delivery." Some conditions apply.
First, a permitted raw milk producer must have both a Class A and a Raw Milk Producer Permit. The amended applications and the samples of the transit delivery document are now available on the Department’s website.
If a permitted raw fluid milk and cream producer chooses online ordering and transit delivery, the producer will deliver the raw milk and cream directly to consumers, or through a delivery service directly to participating consumers. Consumers pay the delivery service through the "e-commerce" website operated by the service. The delivery service can provide services to the producer, through online ordering and/or directly to the consumer. The producer names the delivery service in its raw milk producer permit application. No further approval is needed for delivery services, although the delivery service must provide a copy of its permit(s) to the producer. The new law only applies to raw fluid milk or raw cream, and not to any other raw dairy products, such as cheese or yogurt. The producer must provide a copy of the producer’s permit to the delivery service, and the delivery service must include a copy of the permit with each delivery.
The producer must also notify the Department whenever he or she begins or replaces a delivery service. No notification or approval is needed when the delivery service provides its own delivery vehicle or varies delivery routes.
Conclusion: Should You Drink Raw Milk
Like many food products, raw milk has its merits and its potential risks. You may choose to consume it based on its taste or flavor profile—a subjective factor that may simply come down to preference. Others believe consuming raw milk will bolster their immune system or provide other healthful benefits. And there is the added draw of supporting local farmers, as raw milk can usually be purchased from local producers, either directly at their establishments or through community supported agriculture (CSA) programs.
Much like deciding whether or not to consume other products like unwashed berries or undercooked eggs, the risks of raw milk consumption are very much up for debate. The science certainly suggests that raw dairy products like milk and cheese pose significant risks to your health , and the USDA reiterates that "the best way to eliminate pathogens" in dairy products is to pasteurize them. The USDA also states "there is no one who should drink raw milk or eat raw milk products."
But if you are set on consuming raw milk and are one of the few remaining people legally able to do so—have a medical note or are purchasing it through a CSA program—consider the following:
The choice to consume raw milk ultimately comes down to personal preference, but producers and sellers of raw milk in New York must follow certain rules laid out in the New York Administrative Code. If you are a Sidestepper in New York looking to potentially consume raw milk, you will also want to research the local laws where you live.