North Dakota Raw Milk Laws: The Comprehensive Guide

Navigating North Dakota Raw Milk Laws has become significantly easier for consumers and farmers alike following recent legislative expansions. Whether you are looking for fresh cream, farm-fresh butter, or a gallon of whole milk, understanding the legal landscape is the first step toward securing high-quality, local dairy.

For years, the Flickertail State operated in a legal gray area regarding raw dairy, primarily relying on shared animal ownership. However, with the passage of landmark legislation, North Dakota has emerged as one of the most “food-friendly” states in the Midwest. This guide breaks down exactly how the current North Dakota Raw Milk Laws protect your right to choose what goes on your family’s table.

Legal Pathways

There are currently three primary ways to legally obtain raw dairy under North Dakota Raw Milk Laws. Understanding these pathways ensures you are purchasing within the bounds of the North Dakota Century Code (NDCC).

1. Direct-to-Consumer On-Farm Sales

The most significant change to North Dakota Raw Milk Laws came through HB 1515 and the subsequent HB 1131. Today, farms may sell raw milk and raw milk products (like cream, yogurt, and cheese) directly to the end consumer.

• What this means for you: You can drive to a local farm and purchase milk or dairy products directly from the producer without a middleman. These sales are exempt from standard “Grade A” dairy licensing and inspections [NDCC § 4.1-25-40.1].
• The Restriction: These sales must be for “personal consumption” only. You cannot buy raw milk to resell at a bake sale or use in a commercial restaurant.

2. Shared Animal Ownership (Herd Shares)

Before direct sales were legalized, herd shares were the primary legal loophole. They remain protected under North Dakota Raw Milk Laws today.

• What this means for you: You enter into a “Shared Animal Ownership Agreement” where you own a percentage of the livestock. Because you technically own the animal, the milk you receive is not a “sale” but a distribution of your own property [NDCC § 4.1-25-40].
• The Restriction: Shareholders are strictly prohibited from reselling any milk or products obtained through the share.

3. Raw Milk for Pet Food

While the direct-to-consumer pathway is now the most popular, raw milk can still be sold as animal feed.

• What this means for you: Producers selling for “animal consumption only” must hold a commercial feed license.
• The Restriction: These products must be labeled “Not for Human Consumption” to comply with the North Dakota Commercial Feed Law.

Safety & Standards

Findingrawmilk.com recommends a “Trust but Verify” approach. Because the state does not inspect these farms, the responsibility of safety falls on the producer and the consumer.

Findingrawmilk.com Checklist

When visiting a farm operating under North Dakota Raw Milk Laws, look for these indicators of quality:

• Cleanliness: Is the milking parlor tidy? Are the udders cleaned and dried before milking?
• Temperature Control: Is the milk chilled immediately to 40°F or below after milking?
• Animal Health: Does the farmer test for Brucellosis, Tuberculosis, and Johnes’ Disease?
• Labeling: Does the container clearly state “Raw Milk” or “Made with Raw Milk”?

‘Official Word’ Box

NDCC § 4.1-25-40.1: “A farm may sell raw milk or raw milk products directly to the end consumer for personal consumption… A farm selling raw milk or raw milk products under the provisions of this section is not subject to any other provision of this chapter… The seller shall only sell milk within this state.”

Consumer Tips

Under North Dakota Raw Milk Laws, the “direct” relationship is the legal anchor. This means building a rapport with your farmer is more than just a nice gesture—it is part of the legal framework.

• Pro-Tip: Always bring a dedicated cooler with ice packs when picking up your milk. North Dakota summers can be brutal, and maintaining the cold chain is the single most important factor in keeping your raw milk fresh for 7–10 days.

Remember, while the state has legalized these sales, they have also removed liability protections for farmers. This makes your relationship with the producer one of mutual trust and shared responsibility.

Official Resources

• North Dakota Century Code § 4.1-25-40.1 (Direct Sales)
• North Dakota House Bill 1131 (2025 Expansion)
• North Dakota Department of Agriculture Raw Milk Guide