As interest in raw milk grows among a niche group of consumers across the United States, two West Virginia University (WVU) experts are addressing the potential risks and liabilities associated with these sales.

Dee Singh-Knights, professor and agriculture economics specialist with WVU Extension in the Division for Land-Grant Engagement, and Jesse Richardson, professor at the WVU College of Law, are cautioning farmers and others who sell raw milk about the safety concerns for consumers and the significant liability that comes with these sales.

In West Virginia, raw milk has been legally available for consumption since 2016 through herd-sharing programs. However, a new state law that took effect in June now allows for direct sales of raw milk. Despite this legal shift, Singh-Knights and Richardson stress the importance of understanding the risks involved.

“According to the U.S. Centers for Disease Control and Prevention, raw milk is linked to a variety of foodborne illnesses,” said Singh-Knights. “The U.S. Food and Drug Administration advises against consuming raw milk due to what they assert to be a lack of scientifically proven health benefits and increased risk of foodborne illness.”

Singh-Knights explained that raw milk does not undergo pasteurization, a process that heats milk to remove pathogenic microorganisms and spoilage bacteria, thereby preventing disease and improving the product’s shelf life. Without pasteurization, disease-causing microorganisms, including E. coli, Listeria and Salmonella, can enter the milk during the milking process or handling of the animal.

“Farmers selling raw milk have some responsibility to ensure things are done safely, responsibly, and legally,” Singh-Knights added. She recommends several safety precautions for producers willing to assume the risks of selling raw milk. These include maintaining strict health, hygiene, and sanitary practices for milk handlers, regularly cleaning and sanitizing milking machinery and equipment, and ensuring milk is refrigerated at about 38-42 degrees Fahrenheit to reduce the growth of microorganisms.

Singh-Knights also emphasized the importance of understanding legal considerations. “Talk to your insurance company to understand your policy coverage, including the difference between protection and liability. It’s also critical that all these products are labeled correctly so consumers know the risks associated with raw milk. Weigh the advantages with your liability risk.”

Richardson echoed these concerns, highlighting the severe financial risks involved. “Although producers in West Virginia may legally sell raw milk within the state, no insurance carrier will insure against the liability from those sales. Furthermore, the sale of raw milk voids the producer’s liability policy, meaning the producer has no insurance. The producer is then faced with the prospect of losing their farm if there is one sickness caused by the milk or any other product or an accident. The producer’s assets will be sold to settle any judgments.”

He further explained that liability waivers do not provide legal defense against damages caused by the consumption of raw milk, and creating corporations or limited liability companies will not protect a producer’s assets. Similarly, “giving” the milk away or taking “donations” does not shield the producer from liability.

“Producers face a difficult choice,” Richardson stated. “Raw milk sells for many times the amount that pasteurized milk can garner in the market. However, unless the producer is willing to lose the farm, raw milk sales should not be made.”

As the debate over raw milk continues, WVU experts remain available to provide commentary, insight and opinions. For more information or to get in contact with an expert, visit the WVU Experts Database.