Raw milk remains legal in Wisconsin, but only when producers meet the specific licensing, labeling, and testing standards set by the 2026 amendment to Chapter 246 of the Wisconsin Statutes. Unlicensed sales or distribution outside the approved “herd‑share” model are prohibited, and violators face civil fines and possible criminal charges.
Current Legal Status
Under Wisconsin law, raw dairy products can be sold directly to consumers if the farm holds a “Raw Milk License” issued by the Department of Agriculture, Trade and Consumer Protection (DATCP). The license requires annual microbial testing, a 30‑day posting of test results at the point of sale, and compliance with herd‑share agreements that limit purchases to Wisconsin residents. Raw milk cannot be sold across state lines or to minors.
2026 Regulatory Changes
The 2026 amendment tightened testing frequency from quarterly to monthly and introduced a mandatory “pasteurization‑alternative” certification for farms using advanced milking hygiene protocols. It also expanded the definition of “herd‑share” to include digital contracts, allowing online verification of resident status. The amendment § 246.12(3) added a $500 civil penalty for undocumented sales, reflecting heightened public‑health concerns after a statewide outbreak of Campylobacter in 2024.
Requirements for Sale and Distribution
- Obtain a Raw Milk License and renew annually.
- Conduct monthly total‑coliform and E. coli tests, submitting results to DATCP within 48 hours.
- Post test results prominently at the farm stand or delivery site.
- Use a signed herd‑share agreement that specifies the buyer’s Wisconsin residency.
- Label each container with “Raw Milk – Not Pasteurized” and include a warning about potential health risks.
Failure to comply can trigger a suspension of the license and an inspection by DATCP.
Enforcement and Penalties
DATCP inspectors may conduct unannounced visits. Non‑compliance with testing or labeling leads to a $500 civil fine per violation, and repeated offenses (three or more within two years) may result in a misdemeanor charge carrying up to six months’ imprisonment. The state also reserves the right to seize improperly labeled products.
Frequently Asked Questions
What qualifies a farm to obtain a Raw Milk License?
A farm must have at least 100 lactating cows, maintain a clean milking environment, and demonstrate the ability to perform monthly microbial testing with a certified laboratory.
Can tourists purchase raw milk while visiting Wisconsin?
No. Herd‑share agreements require buyers to be Wisconsin residents, and the 2026 rules explicitly prohibit sales to non‑residents, including visitors.
Are there any exemptions for small‑scale producers?
The amendment provides a reduced fee for farms producing less than 1,000 gallons per month, but all testing, labeling, and herd‑share requirements still apply.
How does the “pasteurization‑alternative” certification work?
Farms using advanced sanitation technologies (e.g., ultraviolet milking systems) may apply for the certification, which replaces the monthly microbial test with a quarterly third‑party audit confirming “pathogen‑free” status.
What should a consumer do if they suspect raw milk contamination?
Report the issue to DATCP immediately. The agency will investigate, and the farm may face additional penalties if the complaint is substantiated.