Just to clear things up, here are our state statues concerning raw
cow's milk..for those of you who have bought milk at John McDaniel's
farm,or run out to Georges homestead, this is the typical setup for
occasional sales. The local agent/
state inspector has a huge amount of discretion in this, but in the
long run our laws are really permissive as long as you buy at the
point of milking. Buying at the Farmer's market,the Auction in Inola,
Jenks or Drumright, the back door of the Health food store --- are all
illegal for now. When I was "running" milk a few years back our local
agents were very nice in their offer to jail me overnight for my
activities, but ,lucky for me, they choose otherwise; and they were
quite clear in their decision: occasional sales at the farm gate
permitted..
We are lucky to have several excellent producers in the metro
area, and I would like to tie some of them together in the next few
months to make getting fresh milk a little easier for our new moms and
older retired folks, and busy parents as I am very aware that a 2-3
hour car drive is a pain in the ass for a lot of people..
please e-mail me if you are interested in setting up a pickup point
kathy gibb
OKC WAPF Chapter leader
Summary:
Raw milk sales are legal on the farm. Farmers can make "incidental
sales of raw milk directly to consumers" without having to obtain a
permit. While state law does not specifically define what incidental
sales of raw cows milk are and leaves this determination to the
discretion of the state inspector, raw goat milk producers can sell up
to 100 gallons of goat milk per month without a permit. Farmers making
incidental sales of raw goat milk have the right to advertise.
Even though the incidental sales exception does not apply to raw
cheese, state law does not prohibit farmers from making cheese using
milk or cream produced on their farm.
Farmers making more than incidental sales of raw milk must have a raw
milk permit. This permit is only good for raw milk sales, not for any
other raw dairy products. Producers wanting to sell raw milk products
must obtain a manufacturing plant permit.
Oklahoma Statutes
TITLE 2 AGRICULTURE
CHAPTER 1 AGRICULTURAL CODE
ARTICLE 7. MILK AND DAIRY PRODUCTS AND MILK PRODUCTS PLANTS
D. OKLAHOMA MILK AND MILK PRODUCTS ACT
§ 2-7-406. Sale of Grade A milk and milk products.
A. Only Grade A pasteurized milk and milk products or Grade A raw milk
shall be sold to the final consumer; provided, however:
1. Only Grade A pasteurized milk shall be sold through restaurants,
soda fountains, grocery stores, or similar establishments, including
school lunch rooms
§ 2-7-414. Construction of Act.
A. The provisions of the Oklahoma Milk and Milk Products Act shall not
be construed to:
1. Include incidental sales of raw milk directly to consumers at the
farm where the milk is produced;
2. Preclude the advertising of the incidental sale of goat milk; and
3. Prohibit any farmer or producer from making cheese using milk or
cream produced on the farm of such farmer or producer.
B. For purposes of this section, incidental sales of goat milk are
those sales where the average monthly number of gallons sold does not
exceed one hundred (100).
§ 2-7-408. Permits
A. No person shall produce, haul, process, or distribute Grade A raw
milk for pasteurization or milk and milk products, or hold himself or
herself out as a milk producer, transporter, processor, or distributor
or represent a any farm, bulk milk hauler/sampler, milk tank truck
driver, milk transportation company, milk tank truck cleaning
facility, milk plant, receiving or transfer station, milk distribution
center, or milk or milk products as "Grade A" unless that person
possesses an appropriate and valid permit for the particular premises
or facilities concerned.
§ 2-7-403. Definitions.
11. "Milk plant" means any premises owned or operated by a "milk
processor" where milk or milk products are collected, manufactured,
processed, pasteurized, bottled, stored, or prepared for distribution
for commercial purposes including, but not limited to, a receiving or
transfer station
20. "Ungraded milk products" and "manufacture grade milk products"
include, but are not limited to, butter, cheese, dry milk, condensed
milk, filled or evaporated milk, frozen dairy dessert and mello-drink
products.
TITLE 2 AGRICULTURE
CHAPTER 1 AGRICULTURAL CODE
ARTICLE 7. MILK AND DAIRY PRODUCTS AND MILK PRODUCTS PLANTS
D. OKLAHOMA MILK AND MILK PRODUCTS ACT
§ 2-7-417. Permits required.
No person shall produce, haul, process or distribute ungraded raw milk
or milk products or hold himself out as an ungraded milk producer,
hauler, processor or distributor unless such person possesses an
appropriate and valid permit for the particular premises or facilities
concerned. The processing of permit applications and inspections shall
be similar to the Grade A permit process.