Yes, raw milk sales are legal in Texas under strict conditions. Texas allows the sale of raw milk directly from producers to consumers at the farm or through herd-share agreements, but commercial retail sales remain prohibited. The Texas Department of State Health Services (DSHS) enforces compliance with sanitation and labeling standards.
Key Regulations for Raw Milk in Texas
- Direct-to-Consumer Sales: Permitted only at the producing farm or through herd-share programs, where consumers own a share of the dairy herd. Off-farm delivery or sales at farmers’ markets are not authorized.
- Sanitation and Testing: Dairies must comply with DSHS raw milk regulations, including regular bacterial testing (e.g., E. coli, Salmonella) and adherence to pasteurization-equivalent sanitation protocols. Failure to meet standards results in immediate suspension.
- Labeling Requirements: Containers must display a conspicuous warning: “RAW MILK: This product has not been pasteurized and may contain harmful bacteria.” Mislabeling or omitting this notice violates Texas Health and Safety Code § 165.002.
The 2026 DSHS draft rule revisions propose stricter herd-share documentation and annual third-party audits, reflecting growing public health scrutiny. Violations incur fines up to $1,000 per offense, with repeat infractions potentially leading to permit revocation. Local health departments conduct unannounced inspections to verify compliance.