WVU experts warn of risks associated with selling raw milk

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

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

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

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

Singh-Knights explained that raw milk does not undergo pasteurization, a process in which milk is heated 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 milking or handling of the animal.

“Farmers who sell raw milk have some responsibility to ensure things are done safely, responsibly and legally,” Singh-Knights added. She recommends several safety measures for producers willing to accept the risks of selling raw milk. These include maintaining strict health, hygiene, and sanitation practices for milk handlers, regularly cleaning and sanitizing milking machines and equipment, and ensuring that milk is cooled at approximately 38-42 degrees Fahrenheit to prevent the growth of microorganisms Reduce.

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

Richardson echoed these concerns and highlighted the serious financial risks involved. “Although West Virginia producers may legally sell raw milk within the state, no insurance company will insure against the liability of those sales. Additionally, selling raw milk voids the producer’s liability policy, meaning the producer has no insurance. The producer is then faced with the prospect of losing his business if there is an illness caused by the milk or other product, or if there is an accident. The producer’s assets will be sold to settle any judgments.”

He further explained that liability waivers do not provide legal protection against harm caused by the consumption of raw milk, and that forming corporations or limited liability companies will not protect a producer’s assets. Likewise, “giving away” the milk or accepting “donations” does not protect the producer from liability.

“Producers face a difficult choice,” said Richardson. “Raw milk sells for many times what pasteurized milk can fetch on the market. However, unless the producer is willing to lose the farm, raw milk should not be sold.”

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

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