Division of Environmental Health Office of the State Veterinarian

Raw Milk and Raw Milk Products Production and Sales (18 AAC 32.070)

Frequently Asked Questions

Last Updated February 22, 2022 at 4pm

These FAQs will be updated as additional written questions are received.

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Why are these changes being proposed?

"The most critical concern Alaskan’s hold for the future of food is the security of its food supply,” read a 2014 study on food security commissioned by the Alaska Department of Health and Social Services, with collaboration from the Alaska Food Policy Council. The supply chain disruptions that Alaskans have observed during the COVID-19 pandemic have further highlighted Alaska’s need to enhance the security of our in-state food supply.

• Governor Dunleavy sees making raw milk and raw milk products more available to consumers as a step toward improving Alaska’s food security. And the overwhelming bipartisan support for HB22, which allowed consumers to obtain raw milk and raw milk products through herd share agreements, made it clear that there are Alaskans who are interested in consuming raw milk.

• Based on these considerations, the Department proactively chose to consider amending milk and milk product regulations to allow for the sale of raw milk and raw milk products. After researching the issue, including looking at the regulatory structure used by other states that allow these sales, DEC has drafted proposed amendments to 18 AAC 32 to allow for the sale of raw milk and raw milk products.

What are the main changes I should be aware of and how will the changes impact raw milk sales?

The amendment proposes changes to 18 AAC 32, Milk and Milk Products, by adding a new section, 18 AAC 32.070, Raw Milk and Raw Milk Products Production and Sales, and to make conforming edits. The revisions include:

• Changing 18 AAC 32.060 by adding new language under (3) that allows the sale of raw milk and raw milk products under 18 AAC 32.070.

• Changing 18 AAC 32 by adding a new section, 18 AAC 32.070 Raw Milk and Raw Milk Products Production and Sales, including provisions regarding:
  • (a) identifying that raw sheep, goat, or cow milk producers are not subject to all other provisions of the Milk and Milk Products Chapter except as identified in 18 AAC 32.070;
  • (b) facility requirements;
  • (c) container requirements;
  • (d) operating requirements;
  • (e) absence of drug residue requirements;
  • (f) transfer requirements;
  • (g) sale limitations;
  • (h) routine screening requirements;
  • (i) healthy animal requirements;
  • (j) voluntary testing of raw milk and raw milk products provisions;
  • (k) record retention requirements;
  • (l) inspection and audit authority;
  • (m) detention procedures;
  • (n) compliance with other statutes and regulations; and
  • (o) definitions.

What are raw milk and raw milk products?

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 would be limited under these regulations to yogurt, kefir, cheese, ice cream, cream, and butter.

What is a "veterinarian-client-patient relationship"?

A veterinarian-client-patient relationship (VCPR) exists when a veterinarian has assumed responsibility for making clinical judgements for the health of the patient (the animal) and the need for medical therapy, has instructed the client on a course of therapy appropriate to the circumstance, and the client has agreed to follow the veterinarian’s recommendations. The veterinarian must have seen the patient for a physical examination within the last 12 months, or is personally acquainted with the keeping and care of the patient through medically appropriate visits to the premises where the patient has been located for the last 12 months. (Pending 12 AAC 68.215).

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 means including infection of the udder, animal feces, bacteria that live on the skin of the animal, or cross contamination during bottling and handling, and processing into raw milk products. Proper sanitation, cleanliness, and animal care (overseen by a veterinarian) decrease the risk of contamination and foodborne illness.

• The Center for Disease Control (CDC) and Federal Drug Administration (FDA) do not recommend consuming raw milk. However, consumers would be able to make an informed decision for themselves regarding the risk of consuming raw milk or raw milk products if the proposed regulation changes are implemented.

• https://www.cdc.gov/foodsafety/rawmilk/raw-milk-questions-and-answers.html

https://www.fda.gov/food/buy-store-serve-safe-food/dangers-raw-milk-unpasteurized-milk-can-pose-serious-health-risk

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

According to the CDC, FDA, 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, as proposed in these draft regulations, can help reduce the risk.

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). The proposed regulations (18 AAC 32.070) will not change requirements for those only operating under a “herd share” agreement.

How should a producer retain records?

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 department. This allows the consumer to be better informed when deciding whether to purchase the product.

Are retail, food hubs, and farmers' market sales allowed?

Under the proposed regulations, off-farm sales are allowed. The draft regulations are not prescriptive in where these products may be sold but rather outline condition standards that must be met. This includes appropriate signage, product labeling, product packaging, maintaining product temperature, etc.

What permitting and inspections would be required if any?

The proposed regulations do not include permitting and routine inspections. Rather, the producer must register their activity with the department and obtain a unique registration number, which is required to sell products under these proposed regulations. The department may conduct an inspection in the event a consumer complaint is filed, or foodborne illness or animal health 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. See draft regulation 18 AAC 32.070(l) for details.

Will these facilities be inspected under the same requirements as a Grade "A" dairy?

No. Grade “A” dairies are held to a different, more stringent standard that allows interstate sales of their products.

If there is a food-borne illness, would the producer be legally liable for damages?

As with any business, there are legal risks. The department recommends businesses work with their attorneys to help them decide whether the sale of raw milk and raw milk products under these proposed regulations make sense for their business model.

Who will provide the oversight for the raw milk dairies?

As the draft regulations are currently written, producers will self-monitor and take steps to help protect public safety by following what is outlined in the draft regulations.

Who will conduct milk sampling?

The producer shall ensure a four-to-six-ounce sample of every milking is collected and kept refrigerated for 14 days to allow for traceback.

Who will conduct cheese sampling?

Cheese sampling is not prescriptive and not required under these draft regulations.

Who will conduct other value-added sampling?

The producer may choose to conduct testing but is not required to under the current draft regulations. The department, however, may obtain samples and conduct testing in the event a consumer complaint is filed, or a foodborne illness or animal health outbreak is suspected.

What are the warning label requirements

The label requirements are outlined in 18 AAC 32.070(c)(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”; the word “ATTENTION” must be in letters at least one-quarter inch tall and the remainder of the warning statement must be legible.

Who is inspecting producers' labeling?

Producers will be required to submit their labels when registering with the department.

Who is inspecting the types of bottles producers use and other containers?

Guidance is provided in the draft regulations. If they are adopted, it will be up to the producer to follow the guidance in the regulations.

How does the department plan to handle an outbreak if there is one and assure the public that milk is safe in Alaska?

The draft regulations address this in 18 AAC 32.070(j) which allows the department to test the product at the departments discretion in response to suspected foodborne illness or animal health outbreak. A producer may test at their discretion.

• Under draft 18 AAC 32.070(l), the draft regulations state that the department may conduct inspections if a consumer complaint is filed, or a foodborne illness or animal health outbreak is suspected.

• 18 AAC 32.070(m) of the draft regulations addresses how the department will manage raw milk or raw milk product that is adulterated, misbranded, or processed in violation.

How will raw milk be separated from Grade "A" Certified Milk at a retail location?

This is not prescriptive in the current draft regulations.

Are these draft regulations related to the raw milk survey that was sent out last fall?

In August of 2021, the Department conducted a survey to help us determine the level of interest in raw milk sales. The survey was sent out through the Office of the State Veterinarian’s listserv.

• The survey was open just over a 2-week period and we received 179 responses:

• 47 current animal owners responded - 19 of them would be interested in selling their animals’ raw milk.
• 104 were individuals interested in purchasing raw milk.

• This informed us that there was interest from both those that wanted to sell the product and those that wanted to purchase it. We therefore began developing draft regulations.

Why require multiple facilities?

Three facilities are required under these draft regulations:

• A facility for animal housing. This can be an outbuilding or other structure, typically a barn, 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.
• A facility for raw milk 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 and walls, a door, and windows. Basically, it must be a room that is protected from the outside, and it needs to be able to be cleaned appropriately. This eliminates dirt floors, carpet walls, and plywood counters. This facility could be a home kitchen.

Why require so many sinks in the milking and processing facilities?

Separate handwashing and equipment sanitizing sinks are required in both the milking and processing facilities. This will allow the producer to keep soiled hands from contaminating milking equipment.

• A utility sink is added to the requirements of the processing facility. The utility sink provides a place to fill and empty mop buckets, that is separate from where processing equipment may be left to dry. Another approved fixture may be used instead of a utility sink with department approval. When considering an alternative to a utility sink, think about the intent of keeping dirty items such as dirty mop water away from equipment that is used to process raw milk and raw milk products.

Has there been an actual public health issue in Alaska with the current regulations?

Existing milk and milk product regulations are written for Grade “A” producers. These producers are subject to the requirements outlined in FDA’s Pasteurized Milk Ordinance, which includes routine inspection and product testing. There is no known history of recent foodborne illness outbreaks associated with Alaskan Grade “A” dairy producers.

• Currently Alaska does not have regulations that allow for the sale of raw milk or raw milk products. The proposed regulations expand access to Alaskans by allowing consumers to buy raw milk and raw milk products without having to participate in the herd share arrangement that is exempt from DEC oversight.

• 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 from consuming raw milk. A prior outbreak occurred in 2011, when 18 individuals were reported ill with Campylobacter from consuming raw milk.

When will these changes take effect?

These changes will take effect 30 days after Lt. Governor signs the updated regulation package, which is anticipated early 2022.

How do I submit comments on these proposed regulations?

Comments from the public and the regulated industry on the proposed regulation changes may be submitted in several ways, but the preferred method is online:

• Online: Submit Comments
• Mail: Shannon Miller, Department of Environmental Conservation, 555 Cordova Street, Anchorage, AK 99501
• Email: shannon.miller@alaska.gov
• Fax: 907-269-7654
• The comments must be received not later than 11:59 p.m. on February 22, 2022.
• We do not respond individually to comments on proposed regulations changes. After we have a chance to review the written comments received and then consider them in deciding what changes (if any) to make in our regulations, we will prepare a summary of the comments and our responses to them, which will be mailed to everyone who submits a timely written comment on the proposed changes and provides a return mailing address.
• If you are a person with a disability who needs an accommodation in order to participate in this process, please contact ADEC HR Manager Brian Blessington at (907) 269-6272 or TDD Relay Service 1-800-770-8973/TTY or dial 711 no later than February 11, 2022 to ensure that any necessary accommodations can be provided.

What if I have another question that is not answered here?

DEC will respond to questions that are relevant to the proposed changes if the questions are received in writing at least ten days before the end of the public comment period. If questions are submitted after that, we may, but we are not required to, respond to those questions. The questions and answers will be available on the Department of Environmental Conservation’s website. One consolidated answer may be provided for a group of questions that are similar, as appropriate.