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

Yes, unpasteurized cheese is legal in Texas but subject to strict federal and state regulations, including USDA and Texas Department of State Health Services (DSHS) oversight. Retail sales of raw milk cheese aged ≥60 days are permitted under FDA guidelines, while Texas enforces additional labeling and inspection requirements. Local jurisdictions may impose supplementary restrictions, particularly in high-risk areas.

Key Regulations for Unpasteurized Cheese in Texas

  • Aging Requirement: Only unpasteurized cheeses aged ≥60 days may be sold, aligning with FDA 21 CFR §133.182. Texas DSHS conducts periodic verification of aging logs and storage conditions.
  • Labeling Mandates: Cheese must bear “Made from raw milk” in bold, 12-point font on the principal display panel, per Texas Health & Safety Code §437.0075. Imported cheeses require additional USDA certification.
  • Inspection Protocols: DSHS inspects production facilities quarterly, with unannounced visits targeting facilities in Dallas, Houston, and San Antonio due to higher consumer demand. Non-compliant producers face immediate embargo under Texas Administrative Code §229.171.

Compliance Note: As of 2026, Texas will adopt the FDA’s updated “Cheese Safety Modernization” framework, requiring digital traceability for raw milk cheese batches. Producers must register with the Texas Milk and Dairy Industry Advisory Board to avoid penalties.