Is Raw Milk Legal in Tennessee After the 2026 Framework Overhaul?

No. Tennessee prohibits the sale of raw milk for human consumption, classifying it as adulterated under state law. Retail sales are banned, though herd-share agreements operate in a legal gray area pending 2026 FDA compliance reviews. Violations risk fines up to $1,000 per offense under Tennessee’s Food, Drug, and Cosmetic Act.

Key Regulations for Raw Milk in Tennessee

  • Prohibition on Retail Sales: Tenn. Code Ann. § 59-1-403 explicitly bans the sale of raw milk for human consumption in stores or markets.
  • Limited Herd-Share Exemptions: Agreements allowing consumers to purchase shares in dairy herds exist but lack clear statutory protection; enforcement varies by county health departments.
  • Labeling Mandates: Any dairy product labeled “raw” must include a conspicuous warning: “This product has not been pasteurized and may contain harmful bacteria.” (Tenn. Reg. 1200-14-01-.04)

The Tennessee Department of Agriculture (TDA) enforces these rules, with recent 2026 compliance directives emphasizing stricter inspections of unregulated dairy operations. Local health boards may impose additional restrictions, particularly near schools or high-risk populations. Producers violating these terms face immediate cease-and-desist orders and potential criminal liability under public health statutes.