Oklahoma Raw Milk Laws
In Oklahoma the retail sale of raw milk is not permitted.
The Oklahoma Milk and Milk Product s Act regulates the sale of Grade A milk and milk products.
As currently written the Oklahoma Milk and Milk Products Act O.S. 2011, Section 7-414, which relates to milk producers, exempts “incidental sales” of raw milk directly to consumers if sold at the farm where the milk is produced. Such incidental sales of raw milk to consumers do not require a permit.
OK. Stat. T. 2 § 7-406 (Only Grade A pasteurized Milk and Grade A Raw Milk may be sold to final consumer, but only Grade A pasteurized milk may be sold through restaurants, grocery stores, etc.), OK Stat. T.2 § 7-414 (laws do not apply to incidental sales of raw milk direct to consumer from farm (including up to 100 gallons of raw goat milk/month); OK ADC 35:37-13-1 through 6
TITLE 2 AGRICULTURE
CHAPTER 1 AGRICULTURAL CODE
ARTICLE 7. MILK AND DAIRY PRODUCTS AND MILK PRODUCTS PLANTS
D. OKLAHOMA MILK AND MILK PRODUCTS ACT
§ 2-7-406. Sale of Grade A milk and milk products.
A. Only Grade A pasteurized milk and milk products or Grade A raw milk shall be sold to the final consumer; provided, however:
1. Only Grade A pasteurized milk shall be sold through restaurants, soda fountains, grocery stores, or similar establishments, including school lunch rooms
§ 2-7-414. Construction of Act.
A. The provisions of the Oklahoma Milk and Milk Products Act shall not be construed to:
1. Include incidental sales of raw milk directly to consumers at the farm where the milk is produced;
Currently, raw milk is permitted to be sold at farmers markets through cow share lease agreements. Often lease holders pick up their milk at farmers markets.
- Oklahoma Herd Share Laws/Title 4
How Cow or Goat-Share Programs Work
The consumer purchases a share in a milk cow, goat or dairy herd. The farmer and the consumer enter into a contract whereby the farmer feeds and boards the animal and provides the labor to milk the animal and store the consumer’s milk. Such contracts are legal and valid, as guaranteed by the Constitution of the United States of America. The consumer does not buy milk from the farmer. Rather, they pay the farmer for the service of keeping the cow or goat and his labor for milking and processing the milk into value added products such as butter, cream, cheese, etc. However, they may directly purchase other products from the farm, such as eggs, vegetables and meat.
Cow and goat-share programs protect the farmer from liability since the animal belongs to the consumer and the consumer is drinking the milk from their own animal.
Mar. 16th, 201
RALEIGH — Picture a peaceful, Amish farmer, selling one of nature’s super foods — fresh, raw milk. Eager customers came from afar, even across state lines, to savor the taste and access a nutritious product. Who could oppose such harmonious commerce on Rainbow Acres Farm?
Government officials and their enforcers, that’s who. This Pennsylvania farmer has been the subject of a yearlong sting operation, which included stealth purchases and a 5 a.m. surprise inspection. In February, a federal judge imposed a permanent injunction that prohibited him from selling his milk across state lines. Given the strain of the confrontation, he has decided to call it quits entirely.
Could it get any worse? Actually, North Carolina has a far more draconian law, the topic of a House Committee hearing last week. In this state, raw milk cannot be sold for legal human consumption, period. Individuals are not even allowed to co-own a cow to gain access.
To defend this violation of freedom of choice, proponents claim to be protecting others from the purported dangers of raw milk. But this claim is laughable, since evidence to the contrary has been mounting for decades.
In fact, a myriad of developed nations allow raw milk sales without problems: Germany, Holland, Belgium, France, Denmark, Sweden, Poland, Italy; the list goes on. Some of these nations are hardly known for their respect for liberty, and yet in this regard people living there are freer than North Carolinians.
Even Great Britain, that nation Americans fought against for independence, has legal, retail sales of raw milk. Supply in Europe is now so widespread — just part of everyday life — that many nations have vending machines with raw milk in supermarkets and shopping malls, and on street corners.
Back in the United States, a recent federal report (PDF) from the Centers for Disease Control did not find a single death from the product in a 14-year research period, while in 2007 alone, three individuals died on account of pasteurized milk. That is despite raw milk’s availability for legal, retail sale in nine states, including South Carolina; more than 9 million Americans consume it. The CDC acknowledged that pasteurization kills beneficial nutrients in milk, and they found state prohibition of raw milk gave no statistically significant advantage in terms of food-borne illness.