§ 2778. Sale or delivery of unpasteurized (raw) milk

(a) Sale or delivery of unpasteurized milk off the farm, at a farm stand, or by a CSA organization is permitted within the State of Vermont and of milk produced by a producer meeting the requirements of subsection 2777(f) of this chapter.

(b) Sale or delivery of unpasteurized milk off the farm, at a farm stand, or by a CSA organization shall conform to the following requirements:

(1) Persons selling or delivering unpasteurized milk shall inform each customer of the need to keep milk refrigerated.

(2) A producer may sell or deliver unpasteurized milk directly to the customer:

(A) at the customer’s home or may deliver it to the customer’s home when delivery is into a refrigerated unit at the customer’s home if such unit is capable of maintaining the unpasteurized milk at 40 degrees Fahrenheit or lower until obtained by the customer; or

(B) at a farmers’ market, as that term is defined in section 5001 of this title, where the producer is a vendor.

(3) During delivery or storage prior to sale, unpasteurized milk shall be protected from exposure to direct sunlight.

(4) During delivery or storage prior to sale, unpasteurized milk shall be kept at 40 degrees Fahrenheit or lower at all times.

(c)(1) A producer may contract with another individual, a farm stand, or a CSA organization to deliver or sell the unpasteurized milk in accordance with this section.

(2) The producer shall be jointly and severally liable for the delivery or sale of the unpasteurized milk in accordance with this section.

(3) The producer shall submit to the Agency of Agriculture, Food and Markets notice of the farm stands or CSA organizations with whom the producer has contracted to sell the producer’s unpasteurized milk under this section.

(d) Prior to delivery or sale at a farmers’ market under this section, a producer shall submit to the Agency of Agriculture, Food and Markets written or electronic notice of intent to deliver or sell unpasteurized milk at a farmers’ market. The notice shall:

(1) include the producer’s name and proof of registration;

(2) identify the farmers’ market or markets where the producer will deliver milk; and

(3) specify the day or days of the week on which delivery or sale will be made at a farmers’ market.

(e) A producer selling or delivering unpasteurized milk at a farmers’ market under this section shall display the registration required under subdivision 2777(f)(4) of this title and the sign required under subdivision 2777(d)(6) on the farmers’ market stall or stand in a prominent manner that is clearly visible to consumers.

(f) A farm stand or a CSA organization selling unpasteurized milk produced on a farm other than the farm or farms where the farm stand or CSA organization is located shall:

(1) maintain a list of all customers to whom unpasteurized milk is sold, including addresses, telephone numbers, and, when available, e-mail addresses; date of purchase; and amount purchased;

(2) submit the records required under subdivision (1) of this section to the producer weekly;

(3) store unpasteurized milk in a refrigerated unit or other adequate storage that is capable of keeping the milk at 40 degrees Fahrenheit or lower in a sanitary and effective manner; and

(4) display the sign required for producers under subdivision 2777(d)(6)(B) in a place where clearly visible to and easily readable by customers at the farm stand or CSA organization.

(g) Sale of unpasteurized milk by a farm stand or a CSA organization under this subsection shall be deemed to be farming under 10 V.S.A. § 6001(22) and the Required Agricultural Practices.

(h) The Secretary may inspect a farm stand or CSA organization selling unpasteurized milk under this section during reasonable hours for the purposes of determining compliance with this section. (Added 2009, No. 62, § 2; amended 2013, No. 149 (Adj. Sess.), § 3; 2015, No. 39, § 29, eff. May 28, 2015; 2019, No. 64, § 3; 2021, No. 22, § 1.)