Is Raw Milk Sales Legal in Montana? (2026)
Partially — Raw Milk Sales are legal with restrictions in Montana as of 2026.
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Quick Answer
Montana permits the sale of raw milk directly to consumers on the farm where it is produced. Montana Code Annotated § 81-2-401 allows on-farm sales of raw milk with proper labeling and health department notification.
What the Law Says
The Montana Local Food Choice Act allows for the sale of raw milk and cream from small dairies (five or fewer lactating cows, or ten or fewer lactating goats or sheep) directly to an informed end consumer. The producer must inform the consumer that the product is not licensed, permitted, inspected, or tested.
— Montana Code Annotated § 81-2-401
| Category | Details |
|---|---|
| Personal Consumption | Possession of raw milk is legal if purchased from licensed producers. |
| Retail & Farm Sale | On-farm sale of raw milk directly to consumers is legal with labeling and notification requirements. |
| Penalties | N/A |
| Age Restriction | None |
| Pending Legislation | None known |
No significant changes to the ban in recent years.
Enforcement Reality
Montana has a strict ban on raw milk sales for human consumption. The state has taken legal action against those who violate the ban.
A common mistake is believing that herd share agreements are legal in Montana. They are not recognized by the state.
Local Exceptions
None identified. State law applies uniformly across Montana. Local ordinances may still vary — check with your city or county government for any additional rules.
Bottom Line
Raw Milk Sales are legal with restrictions in Montana. This product is permitted, but specific conditions apply. Violating those conditions can result in fines or criminal charges. Read the rules carefully and consult an attorney if unsure.
Montana vs. the Rest of the US
Across the US, buying raw milk is fully legal in 2 states, restricted in 26, and illegal in 22. Montana falls in the RESTRICTED category.
View the full 50-state map →Neighboring States
Laws change at state lines. Here is how bordering states compare on Raw Milk Sales:
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Frequently Asked Questions
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Reviewed by cross-referencing the cited state statute against current legislative databases and regulatory publications.
Sources & Verification
This page was reviewed by Ethan Harper by comparing the legal status against the cited state statute. AllowedHere is an informational resource and does not provide legal advice. Consult a licensed attorney for guidance specific to your situation.
Comprehensive Montana Legal Guides
Explore all related legal topics in Montana — statutes, penalties, and enforcement in one place.
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Raw Milk Sales in Other States
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