Is Raw Milk Legal in NY? Permits, Sales & Standards

Raw milk is legal to sell in New York, but only under specific conditions. Producers must obtain a permit from the state Department of Agriculture and Markets, and sales are restricted to direct farm-to-consumer transactions. You cannot buy raw milk at grocery stores, farmers markets, or any retail location in New York.

How Raw Milk Sales Work in New York

New York requires any farmer selling raw cow’s milk to hold a Raw Milk Sales Part 2 permit issued by the Department of Agriculture and Markets. This permit requirement is strict: even giving away a single gallon of unpasteurized milk triggers the licensing obligation. The rules for raw goat’s milk and sheep’s milk follow a separate process, and producers need to contact the department directly for those requirements.

The key restriction is where the sale happens. Permitted farms can only sell raw milk directly to consumers at the farm itself. That means no online orders shipped to your door, no retail store shelves, and no middlemen. If you want raw milk in New York, you drive to a licensed farm and buy it in person.

Quality Standards Farms Must Meet

Permitted raw milk farms operate under state quality standards that set limits on what’s acceptable in the milk. For raw cow’s milk, the somatic cell count (a measure of udder health and milk quality) cannot exceed 750,000 per milliliter. High somatic cell counts typically indicate infection in the cow’s udder, so this threshold helps ensure the milk comes from reasonably healthy animals.

Farms must also post visible signs warning consumers that raw milk does not provide the protection of pasteurization. This is a mandatory requirement for every permitted farm, not an optional courtesy. The state wants anyone buying raw milk to understand they’re accepting a different level of risk than they would with store-bought pasteurized milk.

Finding a Permitted Farm

The Department of Agriculture and Markets maintains a searchable online farm directory at its website, and you can filter results specifically for farms that sell raw milk. This is the most reliable way to confirm a farm is actually licensed. Buying from an unlicensed source means the milk hasn’t been subject to any state oversight or testing requirements.

Raw Milk Products Like Butter and Cream

The permit system in New York is built around raw fluid milk. Raw milk products like unpasteurized cream, butter, or kefir fall into a more complicated regulatory space. The state’s permitting language focuses on raw milk itself, and processed dairy products generally require pasteurization under New York law. If you’re looking specifically for raw butter or raw cream, don’t assume a raw milk permit covers those items.

The Avian Flu Factor

New York has added a new layer of oversight in response to the spread of highly pathogenic avian influenza (H5N1) through dairy cattle. In January 2025, the state commissioner issued a mandatory testing order requiring all raw milk permit holders to test their milk for the virus. That order was amended and strengthened in May 2025, reflecting growing concern about the risk.

The state’s position is blunt: scientific evidence has shown that raw, unpasteurized milk can carry high quantities of the avian flu virus, and contact with contaminated raw milk has been directly linked to human illness. H5N1 has been detected in dairy herds across multiple states since 2024, causing decreased milk production, sick cattle, and spillover infections into other animals and humans. For New York’s raw milk consumers, this means permitted farms are now subject to mandatory avian flu testing on top of their existing quality requirements.

This doesn’t change the legal status of raw milk in the state, but it does mean the regulatory environment is tighter than it was even a year ago. Farms that fail to comply with testing orders risk losing their permits.