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Delaware bill to legalize raw milk direct-to-consumer sales

Delaware bill to legalize raw milk direct-to-consumer sales

The Consumer Choice Milk Act of Delaware is progressing through the Delaware General Assembly. Raw milk sales are currently prohibited in Delaware. Senate Bill 273 would legalize raw milk direct-to-consumer sales, not for resale, by establishing a regulatory framework for permitting, production, and labeling of raw milk for human consumption.

Update May 13, 2024

Hearing is scheduled for May 15th, 11:00 am at the Legislative Hall in Dover, DE

From Stephanie on Facebook:


Contact each of the 7 Senate Ag Committee Members before Wednesday 5/15. Let them know you support the Consumer Choice Milk Act and why. Your voice matters and you can make a difference!



Consider attending the hearing to show your support! May 15th, 11:00 am

📍 Location: Legislative Hall, Dover, DE

Action Step #3: SHARE WIDELY

Spread the word! Share this Action Alert with your friends, family and customer list!

Raw Milk Bill SB273 Details

View bill progression on the Delaware General Assembly website: Senate Bill 273

Long Title: An Act to Amend Title 3 and Title 16 of the Delaware Code Relating to Milk And Milk Products.

Original synopsis

This Act legalizes the sale and distribution of raw milk and products derived from raw milk by dairy producers directly to consumers for human consumption. This Act also removes the unused definitions of “Delaware fresh milk” and “northeastern fresh milk” from Subchapter VI of Title 3. The definition of “fresh milk” under current § 3175 of Title 3 is retained. The sale of raw milk, which is unprocessed, unpasteurized, and unhomogenized, is currently prohibited by Section 9 of the current United States Department of Health and Human Services’ Grade “A” Pasteurized Milk Ordinance, as amended, which the Delaware Department of Health and Social Services adopted by regulation. However, consumers are increasingly demanding the opportunity to purchase raw milk in Delaware, rather than traveling to other states that permit raw milk sales.

Allowing raw milk and products derived from raw milk to be sold in Delaware will respond to that demand while also providing new economic opportunities for Delaware dairy producers. These economic benefits can be significant; the Raw Milk Institute estimates that raw milk producers can earn a profit that is nearly 10 times what they earn for regular milk sales.

To achieve these benefits and meet consumer demand, this Act creates a raw milk permit to be issued and enforced by the Department of Agriculture, and exempts raw milk permit holders from the State of Delaware Milk Code provided they comply with all requirements of the Act.

This Act provides that no raw milk or product derived from raw milk may be sold in Delaware other than by a raw milk permit holder or an individual under the direct supervision of a raw milk permit holder, such as an employee. The sale or distribution of raw milk and products derived from raw milk must be made directly by the permit holder or individual under the supervision of the permit holder to the consumer and not for purposes of resale.

This Act also establishes requirements for signage and labeling informing consumers that raw milk is unprocessed, unpasteurized, and unhomogenized and may contain harmful bacteria. The Department of Agriculture, in consultation with the Department of Health and Social Services, is responsible for promulgating regulations to administer the raw milk permit program and for ensuring compliance with this Act.

This Act goes into effect on enactment and is to be implemented the earlier of the following:

(1) 1 year from the date of the Act’s enactment.

(2) Notice by the Secretary of Agriculture published in the Register of Regulations that final regulations to implement this Act have been adopted.

This Act may be cited as “The Consumer Choice Milk Act“.

View bill progression on the Delaware General Assembly website: Senate Bill 273

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