Is Unpasteurized Cheese Legal in Virginia After the 2026 Framework Overhaul?

Yes, unpasteurized cheese is legal in Virginia but subject to strict state and federal dairy safety standards. Virginia aligns with FDA regulations under the 2026 Food Safety Modernization Act (FSMA) amendments, permitting aged raw-milk cheeses (60+ days) if produced in licensed facilities. Retail sales require compliance with Virginia Department of Agriculture and Consumer Services (VDACS) labeling and inspection protocols.

Key Regulations for Unpasteurized Cheese in Virginia

  • Aging Requirement: Only cheeses aged ≥60 days at temperatures above 35°F (1.7°C) may be sold, per FDA 21 CFR §133 and VDACS enforcement guidance.
  • Licensing & Inspection: Producers must hold a VDACS dairy plant license and undergo bi-annual inspections; out-of-state cheeses require reciprocal agreements under the Interstate Milk Shippers (IMS) program.
  • Labeling Mandates: Packages must display “Made from Raw Milk” in bold, 12-point font, alongside allergen declarations and producer contact information, per Virginia Code §3.2-5100.

Local jurisdictions, such as Arlington County, impose additional zoning restrictions on artisanal cheese sales, requiring separate permits for direct-to-consumer transactions. Violations trigger penalties under Virginia’s Food Laws (Title 3.2, Chapter 59), including fines up to $1,000 per infraction. The 2026 FSMA updates further tighten traceability requirements, mandating digital lot tracking for raw-milk cheeses distributed in Virginia.