Farm-to-Consumer Legal Defense Fund
Follow the FTCLDF on Twitter. Click on this button!
Defending the rights and broadening the freedoms of family farms and protecting
consumer access to raw milk and nutrient dense foods.
State Legislation
Email Share
Proposed Regulations - Texas

Status Quo:  Currently raw milk sales are allowed “only at the point of production” (i.e. on farm) and cow-share operations are legal.


The Texas Department of Health is working on new rules governing milk and dairy products in Texas.  It is important that everyone who cares about having access to raw milk and farmstead cheeses speak up during this process! 

For several years, raw milk farmers in Texas have struggled with the restriction that raw milk may be sold directly to the consumer “only at the point of production, i.e. at the farm.”  The draft rule would make it even harder, by requiring that the farmer “offer for sale and distribute raw milk directly to the final consumer only at the point of production, i.e. at the farm.” 

This new provision would prevent people from picking up their milk through carpools, agent arrangements, etc.  The draft rule also requires raw milk farmers to turn over a list of their customers to the government, and prevents people from even possessing raw milk that is not labeled and graded outside of their home.

The draft rules also create extensive permitting and regulatory burdens on family farms making farmstead cheeses.  Currently, small-scale cheese makers are required to have a single food manufacturing permit, but the draft rule would require two permits, each with higher fees, and expensive infrastructure and equipment.  (from

Draft Rules:

Action Alert:

The deadline for submitting comments on the draft rule is March 6, 2009. 

Please note that the agency plans to formally propose rules in April, so this is just Round One!!  This is a chance to speak up relatively early in the process, which is the best time to make real changes.

Send your comments via email to [email protected]

or by regular mail to:

Gene Wright
Manager, Milk and Dairy Group
Texas Department of State Health Services
P.O. Box 149347 MC 1987
Austin, Texas 78714-9347

Sample Letter:


Press and Posts: