If you’re in Texas and wondering whether you can legally buy or sell unpasteurized milk (raw milk), the answer is yes, but only if you meet specific regulatory requirements. Raw milk is not freely sold in supermarkets or through typical retail chains. Only producers with a special “Raw for Retail” license may sell raw milk directly to consumers — under strict testing, labeling and point-of-sale restrictions.
What Texas Law & Regulation Say Right Now
According to the Texas Department of State Health Services (DSHS):
- A dairy that wants to sell raw milk for human consumption must hold a “Grade A Raw for Retail” license.
- Such licensed dairies must perform quarterly testing of their milk for pathogenic bacteria and antibiotics. If unsafe levels are found, the product must be detained.
- Sales of raw milk are limited to direct-to-consumer at the farm or by delivery; raw milk may not be sold in retail grocery stores or through standard retail shelves under current regulations.
- Although raw milk is permitted under these conditions, a bill introduced in 2025 (HB 1669) would require a permit for sale of raw milk and raw milk products statewide. That bill is still pending as of the most recent legislative session.
What That Means for Texans — Buyer & Seller Side
If you’re a consumer:
- You can legally purchase raw milk from a Texas dairy if that dairy is licensed as Grade A Raw for Retail.
- The milk must be clearly labeled “unpasteurized” and meet the health-safety testing requirements.
- You may have to buy it at the farm or via a direct delivery from the licensed producer.
- Be aware that many raw milk dairies are not at major supermarkets, so options are more limited.
If you’re a seller or distributor:
- You cannot simply package raw milk and sell it in a grocery store or via standard retail outlets unless you hold the proper license and meet DSHS requirements.
- If you distribute raw milk without the required license, you face regulatory penalties, plus the risk of being shut down.
- If the 2025 permit law (HB 1669) passes, additional regulatory burdens will apply. Until then the current model remains.
Why the Legal Landscape Looks This Way
- Because raw milk can carry higher risk of illness from bacteria like E. coli or Salmonella, Texas regulates it tightly.
- The state draws a line between raw milk and pasteurized milk; pasteurized milk is widely available, while raw milk is a niche product under special license.
- The 2025 legislative activity shows that Texas regulators are reviewing whether the rules for raw milk should change — either by increasing permits, restricting sales further or changing labeling/distribution.
Important Considerations & Risks
- Labeling: Raw milk must carry a conspicuous warning label about the risks.
- Location: If a licensee sells at a farmers’ market or a retail shelf rather than on-farm direct to consumer, you should verify the sales are legal. Some proposed legislation intends to clarify off-farm sales for raw milk.
- Consumption: Just because raw milk is legal from licensed producers does not mean it is recommended for everyone. Health experts warn that it poses more risk of contamination than pasteurized milk.
- Pending Legislation: HB 1669 (2025) could expand or tighten rules on raw milk sales: requiring permits, stricter labeling and possibly limiting where raw milk may be sold.
- Interstate Restrictions: Even where raw milk is legal in Texas, federal law prohibits the interstate sale of raw milk for human consumption. So raw milk sold must be produced and consumed within Texas.
Final Take
In Texas, raw milk is legally available, but only under a narrowly regulated model: licensed Grade A Raw for Retail dairies, direct-to-consumer sales or delivery, quarterly testing, and clear product labeling. It is not legally sold in traditional grocery stores or distributed wholesale like pasteurized milk. If you’re considering buying or selling raw milk, make sure the dairy is licensed and compliant. Always stay informed about proposed legislation (like HB 1669) that could change the rules soon.
