Raw Milk Sales in Alaska

The Alaska Department of Environmental Conservation (DEC) has revised the Milk and Milk Products regulations (18 AAC 32) by adding new language under 18 AAC 32.060(3) that allows for the sale of raw milk and raw milk products and by adding a new section, Raw Milk and Raw Milk Products Production and Sales (18 AAC 32.070). 18 AAC 32.070 takes effect on March 26, 2023. Sales of raw milk and raw milk products cannot begin before March 26, 2023.

With the revision to the Milk and Milk Products regulations, there will now be 3 different categories of milk production in Alaska.

Grade ‘A’ milk will continue to be regulated by DEC Office of the State Veterinarian (OSV) in accordance with the USPHS/FDA Grade “A” Pasteurized Milk Ordinance (PMO). Grade ‘A’ milk is pasteurized, in order to provide the highest level of food safety, while maintaining the nutrition and natural flavor of the milk. Pasteurization means the milk is heated to a temperature that inactivates bacteria that can make people sick. The Grade ‘A’ milk program is based upon principles of animal health, sanitation and cleanliness, and basic food safety principles throughout production and processing. State inspectors routinely test the raw milk, and pasteurized finished product, for bacteria, antibiotic residues, and other public health parameters. Inspectors also routinely inspect the farm and processing facility, as well as conduct testing on pasteurization equipment to ensure that milk is handled at appropriate temperatures and pasteurization is effectively completed. Grade ‘A’ milk and milk products can be sold commercially, to schools and other facilities, or interstate, and represent the highest level of safety and oversight to ensure that milk sold to the public is safe and wholesome.
Herd shares allow a person who owns an animal, or shares ownership of an animal, to access and consume the milk or milk products from the animal they own. The herd share regulations are unchanged as a result of these new regulations for raw milk sales and will continue as they have in the past under AS 17.20.015. Herd share agreements rely on a limited group of share-owners who sign a contract for the arrangement, who understand how the animals and facility are cared for and make an informed decision about consuming the milk from the animals in the herd share agreement. Raw milk from a herd share cannot be sold, but share participants have contractual agreements with the farmer to pay for part of the maintenance and upkeep of the animal in exchange for a portion of the milk.
The 3rd, and new category, is raw milk sales. Raw milk is not pasteurized prior to sale and consumption of the milk or products made from the milk. As raw milk is not pasteurized, it has a higher food safety risk than Grade ‘A’ milk. There is no routine state inspection of the farm, milking system, no evaluation of the processing of the products or testing of the raw milk or raw milk products that are offered for sale. Farms selling raw milk/raw milk products and stores selling raw milk/raw milk products are required to register annually with the DEC Office of the State Veterinarian and certify that they are in compliance with the requirements described in 18 AAC 32.070. Raw milk sales place increased expectations on the producer to understand and implement safe food handling practices, as well as expectations that the consumer is informed about the risks of the product they are purchasing and consuming.

If you have questions about raw milk sales, please email akdairy@alaska.gov.

Consumers of Raw Milk and Milk Products

Raw milk producers are not under the routine oversight of state inspections or product testing. For consumers interested in purchasing raw milk or raw milk products, they must take responsibility to be informed about the risks associated with raw milk and carefully choose the producer they are willing to purchase from.

If you choose to consume raw milk, you should be aware of the risks, and ensure that the producer you buy from actively takes steps to reduce the risk of foodborne illness as much as possible. To that end, you may want to ask the producer if they do any product testing, if they do any animal health testing (especially for brucellosis, tuberculosis, and Q fever), how they screen animals for mastitis (inflammation of the udder that can be caused by bacteria that can make people sick), and what their sanitation procedures are during milking, when bottling milk or processing raw milk products.

Raw Milk Producer Registration Listing

All raw milk producers under these regulations must register with the DEC Office of the State Veterinarian. If you would like to check if a raw milk producer is registered, please see the list of registered raw milk producers below.

Registered Raw Milk and Raw Milk Producers List

Resources

These resources may help you understand the risks associated with consuming raw milk.

Questions and Answers

Click/tap the question below to see the answer.

What are raw milk and raw milk products?

Raw milk is milk that has not been pasteurized (heat treated) to destroy potentially harmful bacteria and other pathogens. Raw milk products are products made from raw milk, and are limited under these regulations to yogurt, kefir, cheese, ice cream, cream, and butter.

For more information about raw milk, see the resources available through the US Food and Drug Administration and the US Centers for Disease Control and Prevention below.

Raw Milk (FDA)

Raw Milk Questions and Answers (CDC)

How do I buy raw milk or raw milk products? Where are raw milk sales allowed?

Raw milk and raw milk products are allowed to be sold direct-to-consumer or through market retailers. Farms (producers) producing raw milk and raw milk products, and retail markets must be registered with the DEC Office of the State Veterinarian and follow raw milk regulations.

How do I know if a raw milk product is produced by a registered raw milk producer?

Products that are produced by a registered farm must be appropriately labeled. Labels shall bear a registration number issued by the DEC Office of the State Veterinarian in the format “RF000-YEAR”. The first five characters represent the producer’s registration number, followed by the year for which the producer is registered. For example, a registration number of “RF123-2022” means the producers number is “RF123”, and the last four characters, “2022”, is the year in which the producer is registered. Consumers may look for the registration number on the product packaging to ensure that the producer has a current registration number. Registrations must be renewed annually. To find a list of registered producers of raw milk and raw milk products, see the Registered Raw Milk Producers List.

Why do raw milk producers ask for my contact information?

Raw milk producers ask for consumer contact information to build a contact list if there is a product recall or a suspected or confirmed foodborne illness outbreak related to their products. Producers must offer the opportunity to consumers to share their information, although the consumer may decline. If consumers provide contact information, the producer is only required to maintain that information for 1 month.

Can I ask to see raw milk and raw milk producer records?

Yes. Raw milk regulations specifically require raw milk and raw milk product producers to keep certain records, and they must be made readily available for review by consumers of their products. Producers must maintain records related to animal health, product quality tests or tests for bacterial counts if performed, any report of adulterated raw milk, and routine processing and storage temperatures. All records, except for consumer contact lists, must be kept for two years.

Is there required foodborne pathogen testing for raw milk and raw milk products?

No. Foodborne pathogen testing is not required under these raw milk regulations (18 AAC 32.070). Producers may elect to conduct raw milk and raw milk product testing under their own direction. If you, as a consumer, are concerned with the quality of the product you are purchasing, speak to the raw milk producer about what is being done to monitor the quality and safety of their products.

What are the risks associated with consuming raw milk and raw milk products?

Consuming raw whole milk and raw milk products increases the risk of consuming harmful bacteria and other pathogens that may result in foodborne illness. If pathogenic bacteria are present, milk can promote the growth of those bacteria. Raw milk does not have the safeguard of pasteurization (heat treatment), which provides a kill-step to ensure that no pathogenic bacteria are in the final product. Raw whole milk is not sterile as it is produced in the udder where certain bacteria may be present even in healthy animals. Contamination may occur through many routes including infection of the udder, contact with animal feces, skin of the animal where bacteria live, or cross contamination during handling, bottling, and processing. Proper sanitation, cleanliness, and animal care (overseen by a veterinarian) decrease the risk of contamination and foodborne illness. However, because there is no pasteurization step, raw milk still has a higher food safety risk as compared to Grade “A” pasteurized milk. Under the new regulations that allow raw milk sales to the public, there is no regulatory oversight of the production or processing of the raw milk and raw milk products, so it is up to the producer to be compliant with the regulations and to adhere to best practices to limit the risk as much as possible. Consumers should make an informed decision for themselves regarding the risk of consuming raw milk or raw milk products.

The Center for Disease Control (CDC) and Federal Drug Administration (FDA) do not recommend consuming raw milk. For more information about raw milk, see the resources available through the US Food and Drug Administration and the US Centers for Disease Control and Prevention.

Raw Milk (FDA)

Raw Milk Questions and Answers (CDC)

Has there been an actual public health issue in Alaska related to raw milk?

Yes. The State has responded to foodborne illness outbreaks relating to the consumption of raw milk and raw milk products. The most recent known outbreak was in 2013, when 36 individuals were reported ill (3 hospitalized) with Campylobacter infection caused by the consumption of contaminated raw milk. A prior outbreak occurred in 2011, when 18 individuals were reported ill with Campylobacter infection from consuming raw milk contaminated with Campylobacter.

Who is at greatest risk of getting sick from drinking raw milk?

While anyone can become sick from raw milk that is contaminated with pathogenic microorganisms, the risk is higher for infants, children, women who are pregnant, older adults, and persons with weakened immune systems, such as people with cancer, an organ transplant, diabetes, or HIV. Each ill person’s symptoms can differ depending on the type of infection, the amount of contamination, and the person’s immune defenses.

Reference: Raw Milk Questions and Answers (CDC)

Does pasteurization change milk’s nutritional benefits?

No. The same nutritional benefits of drinking raw milk are available from pasteurized milk without the risk of disease that comes with drinking raw milk.

Reference: Raw Milk Questions and Answers (CDC)

Is it true that raw milk has more enzymes and nutrients than pasteurized milk?

While the heating process of pasteurization decreases some enzymes in milk, no beneficial role in human digestion or health has been demonstrated for these enzymes. Pasteurization has minor impacts on some vitamins, such as vitamin C and folate, but these are not present in significant levels even in raw milk. Protein quality, calcium and other minerals and vitamins such as B12, vitamin A and E are not affected by pasteurization. Raw milk has a minimal concentration of Vitamin A and D, while pasteurized milk is fortified with these vitamins. Vitamin D promotes calcium absorption and plays a key role in bone health; Vitamin A is important to vision, growth and immunity.

Reference: Raw Milk Questions and Answers (CDC)

Has pasteurized milk ever been linked to illnesses or outbreaks?

Pasteurized milk products have occasionally caused illnesses and outbreaks. Usually, these outbreaks have occurred because bacteria were introduced into the product after the pasteurization process. Pasteurized milk that is correctly handled in the dairy, bottled, sealed, and refrigerated after pasteurization, and that is properly handled by the consumer, is very unlikely to contain illness-causing organisms. Considering the large proportion of pasteurized milk that people drink, illness from it is very rare.

Reference: Raw Milk Questions and Answers (CDC)

Producers of Raw Milk and Milk Products

Raw milk producers may now sell raw milk or raw milk products to the public either direct to consumer or through a retail market. Because there is no routine state inspection, producers are directly responsible for compliance with the new regulations and for ensuring the raw milk and raw milk products are not adulterated.

Although direct and retail sales are now allowed under state regulation, some jurisdictions may have more stringent requirements and may not allow raw milk sales. Producers are responsible for ensuring that they comply with local laws and regulations.

Producers selling raw milk and raw milk products must register with the DEC Office of the State Veterinarian and adhere to the requirements outlined in 18 AAC 32.070. Please see the regulatory requirements and instructions for registering below.

Regulatory Requirements for Producers

To aid producers in understanding the regulatory requirements of raw milk and raw milk product sales, a checklist has been created for producers to use in evaluating their practices and operation for compliance with the regulation.

Raw Milk Producer Selling Raw Milk Under 18 AAC 32.070 Checklist

Products must be appropriately labeled, and a copy of all product labels must be approved by the DEC Office of the State Veterinarian during the registration process. Please use the below guide to ensure labels for raw milk and raw milk products meet all the requirements.

Raw Milk Labeling Guide

Resources

Questions and Answers

Click/tap the question below to see the answer.

How do I start selling raw milk and raw milk products?

To start selling raw milk and raw milk products in Alaska, producers must register their farm, receive a registration number, submit and receive approval of their product label from the DEC Office of the State Veterinarian and meet the other requirements outlined in 18 AAC 32.070. If the raw milk and raw milk product producer is selling through a retail store, they must also meet the facility, raw milk sample retention, and records requirements listed in 18 AAC 32.070 (p).

The registration application for producers wanting to sell raw milk and raw milk products can be found in the Producer Registration section below.

When can I start selling raw milk and raw milk products?

After receiving your registration number from the Office of the State Veterinarian, you may start selling raw milk and/or raw milk products on or after March 26, 2023. 18 AAC 32.070 takes effect on March 26, 2023. Sales of raw milk and raw milk products cannot begin before March 26, 2023.

What raw milk products can I sell?

Under 18 AAC 32.070, raw milk and raw milk products may be produced and sold. Raw milk products are limited under these regulations to yogurt, kefir, cheese, ice cream, cream, and butter.

Where can I sell raw milk or raw milk products?

Raw milk and raw milk products may be sold directly from the raw milk producing farm to the consumer, or through a market retail store. Markets include convenience stores, grocery stores, and grocery portions of supermarkets permitted under 18 AAC 31 (DEC Food Safety & Sanitation) and that are authorized to sell raw milk and raw milk products. 18 AAC 32.070(b)(7) prohibits the sale of raw milk and raw milk products to food processing and food service facilities, defined under 18 AAC 31.990(51) and 18 AAC 31.990(54). Facilities where raw milk may NOT be sold, donated, or served include restaurants, schools, mobile food units, bars, institutions, or any establishment processing food for wholesale distribution. Other applicable local, federal, and state regulations still apply so there may be certain regions in Alaska where raw milk and raw milk product sales are still prohibited (see below for Municipality of Anchorage).

Are raw milk and raw milk product sales allowed in the Municipality of Anchorage?

18 AAC 32.070 allows the sales of raw milk and raw milk products directly from farms and through certain market retail stores under state regulation. Local governments may have more strict regulations than the state. The Municipality of Anchorage is a home rule borough, and has its own Code of Ordinances, including food safety regulations. Producers and markets in the Municipality of Anchorage who want to sell raw milk or raw milk products should contact the Municipality of Anchorage Food Safety and Sanitation Program (907- 343-4200) and determine if sales are allowed, and under what parameters.

Do I have to register my farm every year?

Yes. Farms are required to register with the DEC Office of the State Veterinarian before they begin selling raw milk and raw milk products, once annually thereafter, and if there are any changes to the farm’s physical location, species of milking animal, contact information, or if new products are produced. The registration year is based on the calendar year. All producers will be required to re-register by January 15^th of the upcoming calendar year. Any new registrations made after November 30 will expire on December 31 of the following calendar year.

When does my registration expire?

Registration expires on December 31 every year. Producers are required to re-register by January 15th of the upcoming calendar year. Any new producers registering for the first time after November 30 will not need to re-register for the following calendar year.

How much does it cost to register?

There is no cost for registering producers for the production and sale of raw milk and raw milk products.

How long will it take for my registration to be approved?

Typically, registration applications are processed within 10 business days. Processing times may be longer if an application is missing any required information and requires follow-up, or during the annual re-registration period.

Must I re-register if I would like to sell other raw milk products?

A producer’s registration should show all raw milk products that will be sold. If a product was not declared on the most recent registration, producers will be required to re-register using the Producer Registration Form if they intend on producing and selling a new raw milk product. Likewise, a product label for the new product will need to be submitted with the registration application.

If I intend on selling multiple raw milk products, how would I declare that during registration?

If you intend on selling multiple raw milk products during the registration year, please indicate that when registering. If you are currently not producing a specific raw milk product but intend to within the registration year, please indicate that during your annual registration. All raw milk and raw milk products you produce must be listed on your registration. You must re-register any time a new product is intended to be produced and sold if it was not declared on the most recent registration. For example, if you indicated that you would only sell raw milk on your initial registration, but you now intend to add cheese sales, you must re-register and declare the specific cheese as one of your products.

Does my farm need to be inspected to sell raw milk?

Inspections are not required under 18 AAC 32.070. Producers must register their activity with the department and obtain a unique registration number, which is required to sell products under these regulations. The department may conduct an inspection in the event a consumer complaint is filed, or foodborne illness or animal disease outbreak is suspected. In these instances, inspections may be conducted at the farm where product is produced and/or other facility where raw milk or raw milk products are sold.

Do raw milk and raw milk products produced on my farm need to be tested?

The producer may choose to conduct testing but is not required to under the current regulations. The DEC, however, may obtain samples and conduct testing in the event a consumer complaint is filed, or a foodborne illness or animal disease outbreak is suspected. If the producer conducts testing and the results show any pathogens or adulterants listed under 18 AAC 32.070 (n)(1), (n)(2) and (n)(3), then they must immediately inform the DEC Office of the State Veterinarian at (907) 375-8200 and email akdairy@alaska.gov.

What does selling “direct-to-consumer” mean?

Selling direct-to-consumer means a producer sells raw milk or a raw milk product directly to the person or individual consuming the product. There is no intermediary sale of the product before it reaches the end-consumer.

Can I sell raw milk and raw milk products off-farm, or deliver it to customers?

Yes. 18 AAC 32.070 does not prohibit the sales of raw milk and raw milk products “off-farm” if the products are kept at the proper temperatures while being transported and sales are made direct-to-consumer or to a registered market retailer. If a producer is selling raw milk or raw milk products to a registered retail market, additional facility and sanitation requirements apply as listed in 18 AAC 32.070 (p) of 18 AAC 32.070 (see the following question about selling to a market retail store).

Can I sell raw milk and raw milk products at the farmers’ market?

Yes. 18 AAC 32.070 does not prohibit the sale of raw milk and raw milk direct-to-consumer at a farmer’s market. Other local and federal regulation may apply so be sure to check with the farmer’s market organizer and local government before selling at any public events. Signage at the point-of-sale must also conspicuously state “This Product Is Not Subject To Routine State Inspection” in accordance with 18 AAC 32.070 (b)(6).

Can I sell raw milk and raw milk products to a retail market?

Yes. Raw milk sales to “market” retail stores registered with DEC Office of the State Veterinarian is allowed under 18 AAC 32.070. This method of sale must be declared on the producer’s registration. Producers selling to markets must follow the additional facility and sanitation requirements detailed in 18 AAC 32.070. See the Raw Milk and Raw Milk Products Producer Requirements Checklist or 18 AAC 32.070 for an explanation of these additional requirements.

Why are there additional requirements for producers selling to retail markets?

Sales through a grocery store or other retail market remove the direct contact between the producer and the end-consumer. There are more people handling the product, more steps between production and sales, and the product is distributed to a larger number of people. This increases the impact in the case of a foodborne illness outbreak and increases the complexity of responding to that outbreak. Therefore, there are some additional food safety measures required for retail sales as compared to direct sales to the end-consumer.

Can I sell raw milk cheese?

Yes. Under 18 AAC 32.070, you may produce and sell raw milk cheese. No additional permit is required as long as the producer follows the requirements of 18 AAC 32.070 and only sells direct-to-consumer or to a registered retail market. Raw milk cheese made from raw milk produced on a grade “A” farm which is permitted by the Alaska Grade “A” Dairy Program may also be sold from a permitted facility under state regulations (18 AAC 21.210 to 18 AAC 32.295). The cheese is made from raw milk that is aged a minimum of 60 days. Because of the inspection oversight and routine testing of the milk and the final product, this product can be more widely distributed.

What ingredients can I use in raw milk products?

All ingredients used to make raw milk products must be from an “approved source”. Approved source means food is coming from a food establishment or facility that is permitted or certified by the federal, state, or local government agency with jurisdiction. This typically means any ingredient you can buy from a grocery store is approved.

What must be included on the label for raw milk or raw milk products?

The label requirements are outlined in 18 AAC 32.070(e)(4) and include but are not limited to, the statement “Attention: This product has not been pasteurized and, therefore, may contain harmful bacteria that can cause serious illness, or even death. Infants, children, the elderly, women who are pregnant, and persons with weakened immune systems are at highest risk, KEEP REFRIGERATED AT 40°F OR BELOW”; the word “attention" must be in letters at least one-quarter inch tall and the remainder of the statement must be legible. Additional label requirements can be found on the Raw Milk Labeling Guide. A sign must also be conspicuously displayed at the point-of-sale with the words “This Product Is Not Subject To Routine State Inspection”.

I would like to sell a new raw milk product, do I need to get a label approved again?

Yes. If you choose to produce a new product, a new registration application must be submitted with the new labels attached for review.

What records must I keep if I am selling raw milk or raw milk products?

Producers must maintain records related to animal health, product quality tests or tests for bacterial counts if performed, any report of adulterated raw milk, and routine processing and storage temperatures. Records may be kept as written documents in a binder or other means that allow for easy access to the consumer purchasing the product and available upon request by the DEC. This allows the consumer to be better informed when deciding whether to purchase the product. See the Raw Milk and Raw Milk Products Producer Requirements Checklist for further information on the required records. See the Raw Milk Log Templates to find templates of logs for cooling, refrigerator temperatures, thermometer calibration, and consumer contact list.

How do I collect and store consumer contact information?

18 AAC 32.070 encourages producers to keep a record of consumer contact information in the event that a foodborne illness or animal disease outbreak is suspected or occurs. Consumer records must be kept for at least 1 month. Records should be maintained in a secure manner.

How do I set an expiration date for raw milk and raw milk products?

The expiration date for raw milk is 4 days from production. The product label must have a production date on the packaging and clearly display “CONSUME WITHIN FOUR DAYS OF PRODUCTION DATE”. The expiration date for raw milk products is to be determined by the producer according to industry standards. The product container must have a consume-by-date printed on the container with the statement “CONSUME-BY DATE IS DETERMINED BY THE PRODUCER.”

How do I collect and store a sample of raw milk for traceback per 18 AAC 32.070?

Producers selling to markets are required to collect and store a sample of raw milk from each milking for traceback in the event of a foodborne illness outbreak. The producer shall ensure a four-to-six-ounce sample of every milking is collected and kept refrigerated for 14 days. Samples should be collected in a sanitary manner, stored in a clean or single use food grade container, labeled with the date collected, and stored at 40°F or below for 14 days. Producers only selling direct-to-consumer are not required to collect and store raw milk samples.

What containers can I use to put raw milk and raw milk products into?

Containers must be filled in a sanitary manner on the farm and be made of food-grade material including reusable glass that is cleaned and sanitized on the farm or single-use plastic. Producers must provide these containers for raw milk and raw milk products to consumers and the containers must be filled in a sanitary manner. Product containers that require a lid (bottle, jar, plastic tubs) must be made of food-grade material and be the intended lid for the container. Lids must be clean and applied in a sanitary manner, be tamper resistant, and may not be reused. All product packaging, bottles, and lids must be stored in a manner that prevents contamination.

Does my farm facility have to be designed or constructed in a specific way?

While there are no facility requirements specified for producers only selling direct-to-consumer, care should be taken to design a facility that supports principles of safe food handling and sanitation. Producers selling to markets must have certain facilities on their farm premises and conduct certain activities in specific areas. All producers must have a functioning toilet and appropriate waste disposal, and hand-washing sink stocked with soap, hot and cold running potable water, and disposable paper toweling or electronic hand dryers.

For producers selling to markets, there are three additional facilities that are required:

A facility for animal housing. This can be barn or outbuilding that provides appropriate shelter for the animals.
A facility for milking. This facility needs to be separate from the animal housing facility to maintain appropriate sanitation. This reduces the risk of contaminating fresh milk with animal feces and other potential sources of contamination. The milking facility must have separate sinks for handwashing and equipment cleaning and sanitizing.
A facility for raw milk and raw milk product processing. This facility needs to be the cleanest since it is where the product will be prepared for human consumption. This facility needs to have a ceiling, walls, a door, and windows. Basically, it must be a room that is protected from the outside environment, and needs to constructed of materials that are cleanable. This eliminates dirt floors, carpet walls, and plywood counters. This facility could be a home kitchen. The processing facility must have separate sinks for handwashing and equipment cleaning and sanitizing. This will allow the producer to keep soiled hands from contaminating milk and equipment. Also required is a utility sink which provides a place to fill and empty mop buckets, that is separate from where processing equipment may be left to dry. When considering an alternative to a utility sink, think about the intent of keeping dirty items such as a mop and mop water away from equipment that is used to process raw milk and raw milk products.

Must I follow the farm facility requirements if I only sell direct-to-consumer and not sell through a market retailer?

No. However, it is recommended to follow the facility requirements in order to decrease the risk of contamination of your product. Best practices, such as proper facility design, handwashing, and cleaning and sanitizing, help reduce the risk of contamination of the product with bacteria or other pathogens that could potentially make the consumer ill.

Will I be able to operate under a "herd share" agreement and sell raw milk and raw milk products?

See the Herd-Share Producers and Members section below.

How can raw milk contamination occur and how can the risks be reduced?

According to the US Centers for Disease Control and Prevention and the US Food and Drug Administration, and veterinary authorities, milk contamination may occur in these ways:

Bacteria is present in the udder prior to milking;
Animal feces coming into direct contact with the milk;
Infection of the udder (mastitis);
Cow diseases (for example, bovine tuberculosis);
Bacteria that lives on the skin of animals;
Environment (for example, feces, dirt, and processing equipment);
Insects, rodents, and other animal vectors;
Unsanitary conditions in milk processing;
Cross-contamination from dairy workers, such as contact with dirty clothing or boots.

While pasteurization is the most effective way to kill pathogenic or disease-causing bacteria in milk, proper sanitation, temperature controls, and separate facilities for animal housing, milking, and processing, may help reduce the risk.

If there is a food-borne illness associated with raw milk or raw milk products, would the producer be legally liable for damages?

As with any business, there are legal risks. United States product liability law allows people harmed by unsafe products, including food contaminated by microbial pathogens, to take legal action to claim monetary damages for their injuries. Talk with your insurance agent or attorney for more information on liability and liability protection.

Reference: Washington Retail Raw Milk Guide

Producer Registration

All raw milk and raw milk product producers must register before beginning sales direct-to-consumer or to a market, and annually thereafter with the DEC Office of the State Veterinarian. Registration applications can be submitted through the form below, or by completing a PDF application which can be emailed to akdairy@alaska.gov or mailed to 5251 Martin Luther King Jr. Ave Anchorage, AK 99507. 18 AAC 32.070 takes effect on March 26, 2023. Sales of raw milk and raw milk products cannot begin before March 26, 2023.

All applicants must complete all required portions of the application with accurate and correct information. Registration numbers are typically issued within 10 business days of receiving the application. Incomplete applications may take longer. A copy of a label for each product type must be submitted with the application. If this is your first time registering and you do not have a registration number yet, please include a placeholder (i.e. XX_XXX) where the registration number will be displayed on the label.

Once the application is received by the Office of the State Veterinarian and reviewed for all required information including labels, a registration number will be issued and sent to the applicant. These registration numbers are valid for a calendar year, with registration numbers issued in 2023 valid until 12/31/2023. Applications received after November 30^th are valid until the end of the following calendar year. Applicants must renew their registration number every year by January 15^th of the upcoming year by submitting a renewal application. Applicants must re-register annually, and if any changes occur to their operation. Changes that require a new application include change of species, change of owner, change of physical address, and change of product types.

For example:

An applicant applying on 11/1/2023 will have a registration number valid until 12/31/2023. The applicant must apply to renew their registration for the year of 2024 by 1/15/2024.
An applicant applying on 12/1/2023 will have a registration number valid until 12/31/2024. The applicant must apply to renew their registration for the year of 2025 by 1/15/2025.
An applicant applying on 6/1/2023 will have a registration number valid until 12/31/2023. The applicant must apply to renew their registration for the year of 2024 by 1/15/2024.

If you have questions about applying for a registration number, please see the Questions and Answers section below or email akdairy@alaska.gov.

Download Fillable PDF Registration Application Form

Raw Milk Sales Regulations and Herd Shares

Herd share arrangements are contractual agreements whereby one or more people share ownership of an animal and pay the farmer for care and keeping of the animals in exchange for a portion of the milk that is produced. In herd share arrangements raw milk or raw milk products are not sold.

Herd shares have been allowed in Alaska for many years for raw milk as the provisions of 18 AAC 32.010-18 AAC 32.060 do not apply to a person who owns a cow, goats, or sheep and uses the milk from the animal for that person’s personal use.

A new law passed during the 2021-2022 legislative session now allows milk products to be included in herd share agreements and expanded how milk may be distributed amongst herd share members by adding AS 17.20.015 to Alaska statute.

The new section 18 AAC 32.070 Raw milk and raw milk products production and sales does not affect herd shares in any way. The new section specifically references the sales of raw milk or raw milk products to the end consumer or to a retail market and does not include those under a herd share agreement.

Questions and Answers

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Will I be able to operate under a "herd share" agreement and sell raw milk and raw milk products?: Yes. You may operate under a “herd share” agreement under AS 17.20.015, and also sell raw milk under 18 AAC 32.070. These are two different requirements and if you wish to do both activities, you must meet the requirements under both the “herd share” statute (AS 17.20.015) and the raw milk and raw milk products production and sales regulations (18 AAC 32.070). Clear records must be kept distinguishing which program the milk-producing animals, facilities, and raw milk and raw milk products are produced under.
Must those selling under a “herd share” agreement adhere to the new raw milk regulations (18 AAC 32.070)?: No. The regulations in 18 AAC 32.070 do not change the requirements for those only operating under a “herd share” agreement.

Market Retailers Selling Raw Milk and Milk Products

Raw milk sales from producers direct to consumers or to a retail market are now allowed. Raw milk and raw milk products are not subject to any routine sampling, inspections, or oversight from state regulators. Retail markets must register with DEC Office of the State Veterinarian and keep raw milk products physically separated from pasteurized milk and milk products. Markets are still subject to other applicable state, local, and federal regulations.

Regulatory Requirements for Markets Selling Raw Milk

To aid markets in understanding the regulatory requirements of raw milk and raw milk product sales, a checklist has been created for markets to evaluate their compliance with the regulation.

Markets Selling Raw Milk Under 18 AAC 32.070 Checklist

Products must be appropriately labeled. Markets must ensure that raw milk and raw milk products sold in their stores are labeled appropriately and display a sign adjacent to the products stating “this product is not subject to routine state inspection”. Please use the below guide to ensure labels for raw milk and raw milk products meet all the requirements.

Raw Milk Labeling Guide

Resources

Questions and Answers

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What must I do to sell raw milk or raw milk products at my retail store?

Market retailers seeking to sell raw milk and raw milk products must register their store by submitting and receiving authorization and a registration number for their market from the DEC Office of the State Veterinarian and meet the requirements outlined in 18 AAC 32.070.

Under 18 AAC 32.070 (q) markets will ensure raw milk and raw milk products are obtained through a producer with current registration through DEC OSV to sell to retail markets. Markets will ensure the product is appropriately labeled, there is signage by the product stating “This Product Is Not Subject To Routine State Inspection”, that product is received and held at or below 40°F, market contact information is provided to the producer(s) for recall purposes, and that the product is separated from pasteurized products.

To find a list of registered producers of raw milk and raw milk products, see the Registered Raw Milk Producers List.

When can I start selling raw milk and raw milk products?

Which stores may sell raw milk and raw milk products?

Market retail stores, grocery stores, convenience stores, and supermarkets permitted by DEC Food Safety and Sanitation Program under 18 AAC 31 who have registered with the DEC Office of the State Veterinarian to sell raw milk and raw milk products.

Are raw milk and raw milk product sales allowed in the Municipality of Anchorage?

Retail stores in the Municipality of Anchorage (Girdwood, Indian, Anchorage, Eagle River, and Chugiak) are under the regulatory oversight of the Municipality of Anchorage Food Safety Program. If your store is located within the Municipality of Anchorage, please check with the Municipality of Anchorage Food Safety Program (907-343-4200) to determine if your store can sell raw milk or raw milk products.

What raw milk products can I sell?

Raw milk is milk that has not been pasteurized (heat treated) to remove potentially harmful bacteria and other pathogens. Raw milk products are products made from raw milk, and are limited under these regulations to yogurt, kefir, cheese, ice cream, cream, and butter.

Do I have to register my store in order to sell raw milk and raw milk products?

Yes. Market retail stores are required to register with the DEC Office of the State Veterinarian before they begin selling raw milk and raw milk products and annually thereafter. Re-registration is also required if the contact information, physical address, and a change or addition of raw milk suppliers are made. The registration application for markets wanting to sell raw milk and raw milk products can be found in the Market Registration section below.

Do I have to register my market every year?

Yes. Markets are required to register with the DEC Office of the State Veterinarian before they begin selling raw milk and raw milk products and once annually thereafter. The registration year is based on the calendar year. All markets will be required to re-register for the upcoming calendar year by January 15^th of the upcoming year. Any new registrations made after November 30 will expire on December 31 of the following calendar year.

When does my registration expire?

Registration expires on December 31 every year. Markets selling raw milk are required to re-register for the upcoming calendar year by January 15^th of the upcoming year. Any new markets registering for the first time after November 30 will not need to re-register for the following calendar year.

How much does it cost to register?

There is no cost for registering market retail stores for the sale or raw milk and raw milk products.

How long will it take for my registration to be approved?

What must be included on raw milk and raw milk product labelling?

The label requirements are outlined in 18 AAC 32.070(e)(4) and include but are not limited to, the statement “Attention: This product has not been pasteurized and, therefore, may contain harmful bacteria that can cause serious illness. Infants, children, the elderly, women who are pregnant, and persons with weakened immune systems are at highest risk”; the word “attention" must be in letters at least one-quarter inch tall, and the remainder of the statement must be legible. Additional label requirements can be found in the Raw Milk Labeling Guide.

Do I have to display raw milk and raw milk products for sale separately from pasteurized dairy products?

Stores must ensure that raw milk and raw milk products are kept separate from other, pasteurized dairy products in accordance with 18 AAC 32.070(q)(8). Stores must also display a sign at the point of sale with the words “This Product Is Not Subject To Routine State Inspection” per 18 AAC 32.070(q)(5).

What records must I keep if I am selling raw milk or raw milk products?

Market retailers are not required to maintain any records of raw milk and raw milk product sales. Market retailers must ensure that their contact information is up-to-date with their raw milk and raw milk product suppliers.

If there is a food-borne illness associated with raw milk or raw milk products, would the retailer be legally liable for damages?

As with any business, there are legal risks.

United States product liability law allows people harmed by unsafe products, including food contaminated by microbial pathogens, to take legal action to claim monetary damages for their injuries. Talk with your insurance agent or attorney for more information on liability and liability protection.

Reference: Washington Retail Raw Milk Guide

Market Registration

All markets selling raw milk and raw milk products must register before beginning sales, and annually thereafter with the DEC Office of the State Veterinarian. Registration applications can be submitted through the form below, or by completing a PDF application which can be emailed to akdairy@alaska.gov or mailed to 5251 Martin Luther King Jr. Ave Anchorage, AK 99507. 18 AAC 32.070 takes effect on March 26, 2023. Sales of raw milk and raw milk products cannot begin before March 26, 2023.

Once the application is received by the DEC Office of the State Veterinarian and reviewed for all required information, a registration number is issued. These registration numbers are valid for a calendar year, with registration numbers issued in 2023 valid until 12/31/2023. Applications received after November 30^th are valid until the end of the following calendar year. Applicants must renew their registration number every year by January 15^th of the upcoming year by submitting a renewal application. Applicants must re-register annually, and if any changes occur to their operation. Changes that require a new application include change of species, change of owner, change of physical address, and change of product types.

For example:

An applicant applying on 11/1/2023 will have a registration number valid until 12/31/2023. The applicant must apply to renew their registration for the year of 2024 by 1/15/2024.
An applicant applying on 12/1/2023 will have a registration number valid until 12/31/2024. The applicant must apply to renew their registration for the year of 2025 by 1/15/2025.
An applicant applying on 6/1/2023 will have a registration number valid until 12/31/2023. The applicant must apply to renew their registration for the year of 2024 by 1/15/2024.

If you have questions about applying for a registration number, please see the Questions and Answers section in the section above or email akdairy@alaska.gov.

Download Fillable PDF Registration Application Form