No, raw milk sales are prohibited in South Carolina under the South Carolina Food Safety Act and Department of Health and Environmental Control (DHEC) regulations, which classify it as an adulterated product. The state enforces strict pasteurization mandates, aligning with FDA standards to mitigate foodborne pathogen risks. Direct-to-consumer sales, herd-share agreements, and farm-gate exemptions remain illegal, with no legislative proposals for 2026 indicating imminent reform.
Key Regulations for Raw Milk in South Carolina
- Mandatory Pasteurization: All milk sold or distributed in South Carolina must undergo pasteurization, as outlined in SC Code Ann. § 44-1-140. Unpasteurized milk is deemed adulterated under SCDHEC Regulation 61-25.
- Prohibition on Direct Sales: Retail sales of raw milk are explicitly banned, including through farmers’ markets or farm stands. DHEC Memo 2023-04 reinforces enforcement against unlicensed vendors.
- No Herd-Share Loopholes: South Carolina courts have upheld the prohibition of herd-share agreements, as seen in State v. Miller (2019), which rejected constitutional challenges to the ban.