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However, in light of concerns that have been raised about potential FDA actions, we want to remind the public that FDA does not regulate the intrastate sale or distribution of raw milk. Whether to permit the sale and distribution of raw milk within a state is for the state to decide.

The Texas Department of State Health Services requires licensed Raw for Retail dairies to have their milk sampled on a quarterly basis for pathogenic bacteria and for the presence of antibiotics in the milk.

As a Milk and Dairy unit, you must have a valid license to operate in the State of Texas. To become licensed, please submit a new application, including all fees, to the Texas Department of State Health Services (DSHS).

Drivers must present a valid Texas Driver's License and proof of valid vehicle liability insurance in order to be issued a mobile food vendor permit. For additional information on application deadlines and inspections contact the Health Division at 956-402-4211.

The FDA also regulates milk through its branding requirement, which states that anything labeled as “milk” sold in interstate commerce must be pasteurized. While the federal government has authority to regulate the interstate sale of milk, the individual states retain control over the intrastate sale of dairy products.

States may adopt their own laws on raw milk sales. However, at the federal level, the US Food and Drug Administration (FDA) bans the interstate sale or distribution of raw milk. All milk sold across state lines must be pasteurized and meet the standards of the US Pasteurized Milk Ordinance.

In order to get a permit, a person must comply with all regulations related to raw milk found in the Texas Agriculture Code Chapter 25. In order to obtain a permit, a producer must contact the Department of State Health Services to complete an application and pay certain permitting and license fees.

Retail Milk Permit: Texas law is clear that a Retail Milk Permit is required in order to sell raw milk. See 25 Texas Administrative Code 217.24 (“A person must have a permit to sell raw milk at retail.”).