No. Raw milk sales are prohibited in North Dakota under the North Dakota Department of Health’s food safety statutes, which classify unpasteurized dairy as a public health risk. The state’s 2023 Food Code aligns with FDA guidance, banning intrastate commerce while permitting herd-share agreements under narrow exemptions. Local health boards enforce compliance, with violations subject to fines or criminal penalties.
Key Regulations for Raw Milk in North Dakota
- Statutory Ban: N.D. Cent. Code § 23-03-01.1 criminalizes the sale of raw milk for human consumption, with no retail or farm-gate exceptions.
- Herd-Shares Permitted: Limited to unincorporated agreements where consumers own shares of dairy herds; transactions must occur off-market and without profit motive.
- Inspection & Liability: The North Dakota Department of Agriculture conducts annual herd inspections for herd-share operations, with mandatory testing for pathogens like E. coli O157:H7 and Salmonella.
Enforcement has intensified since 2024, following a 2023 outbreak linked to a Cass County herd-share. Local health departments now cross-reference dairy records with state lab results to identify non-compliant operations. Violators face misdemeanor charges under N.D. Admin. Code § 33-03-01-02, with potential civil liability for illness transmission.