Is Unpasteurized Cheese Legal in Montana After the 2026 Law Changes?

Yes, unpasteurized cheese is legal in Montana but subject to stringent state and federal dairy safety standards. Montana aligns with FDA regulations, permitting raw-milk cheese aged ≥60 days, while imposing additional labeling and inspection requirements enforced by the Montana Department of Livestock (MDOL) and local health departments.

Key Regulations for Unpasteurized Cheese in Montana

  • Aging Requirement: Raw-milk cheese must be aged ≥60 days at ≥35°F (1.7°C) to mitigate pathogen risks, per FDA standards adopted by MDOL.
  • Labeling Mandates: Cheese must display “Made from raw milk” prominently, including producer name, source milk origin, and processing facility registration under MDOL’s Dairy Program.
  • Inspection Protocols: Facilities producing or distributing unpasteurized cheese undergo unannounced MDOL inspections, with penalties for violations including fines up to $10,000 or permit suspension.

Montana’s 2024 amendments to MCA 81-22-101 expanded traceability requirements for raw-milk cheese, aligning with FDA’s 2026 Food Safety Modernization Act (FSMA) updates. Retail sales require compliance with county health ordinances, which may impose stricter storage or handling conditions. Out-of-state producers must register with MDOL and provide third-party lab results for E. coli and Listeria testing. Violations trigger immediate embargoes under MCA 81-22-403, with appeals heard by the Board of Livestock.