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20 major US states with law that bans classic breakfast item in grocery stores – but three states have legal loophole

An image collage containing 1 images, Image 1 shows Woman shopping for produce in a grocery store

CUSTOMERS in several major US states can’t get their hands on a classic breakfast item at grocery stores.

The product is banned entirely from shelves for several reasons.

Woman shopping for produce in a grocery store.
Getty

Grocery shoppers in 20 states won’t see a version of a classic breakfast item on shelves (stock image)[/caption]

Two empty milk jugs.
Getty

Raw milk is mostly not allowed on retail shelves (stock image)[/caption]

At the top of the list is potential health risks for selling raw milk to consumers, as noted by the United States Food and Drug Administration (FDA).

Typically, milk sold to Americans goes through a five-step process before it ever arrives at retailers.

First and most importantly is pasteurization, which heats the milk to a certain temperature that kills bacteria such as E.coli, Salmonella, and Listeria, all of which could cause serious illness.

It’s then cooled quickly afterward to stop potential bacteria growth before the third step of homogenization.

This is a process that breaks down the fat in milk, preventing separation to create a smooth and creamy texture.

Fortification comes afterwards with added vitamin A or D for nutritional value, and the fifth and final step is packaging before sale to consumers nationwide.

Selling raw milk on shelves would completely negate the first four steps and skip right to packaging.

Of course, this could lead to potential health problems if bacteria like E.Coli, Listeria, Salmonella, or several others are present.

According to the Centers for Disease Control and Prevention (CDC), raw milk is at least 150 times more likely to cause illness than milk that’s been pasteurized.

It’s particularly dangerous to children, pregnant people, seniors, and those who are immunocompromised.


Even so, states have decided whether or not to ban raw milk sales for years.

At least 20 have bans on raw milk sales for human consumption, including Alabama, Alaska, Delaware, Florida, Georgia, Hawaii, Indiana, Iowa, Louisiana, Maryland, Michigan, Montana, New Jersey, North Carolina, North Dakota, Ohio, Tennessee, Virginia, West Virginia, and Wyoming.

Many of the states on the list still allow raw milk sales with restrictions, including if it stays on farms, if its used for pets, if establishments that sell it have certain licenses, or if the packaging has clear warning labels.

New Jersey and Louisiana are the only states with a comprehensive and complete ban on the sale or distribution of raw milk for human consumption.

States with Raw Milk Bans

  • Alabama
  • Alaska
  • Delaware
  • Florida
  • Georgia
  • Hawaii
  • Indiana
  • Iowa
  • Louisiana
  • Maryland
  • Michigan
  • Montana
  • New Jersey
  • North Carolina
  • North Dakota
  • Ohio
  • Tennessee
  • Virginia
  • West Virginia
  • Wyoming

Top retailers like Walmart and Kroger also don’t stock raw milk no matter what due to FDA guidance.

EXCEPTIONS MADE

There are some legal loopholes in at least three states.

Those who sell raw milk that’s direct from a farm with a license inside a specially regulated store can do so in California, for example, so long as there’s health warning labels.

In Pennsylvania, it’s also legal in retailers with permits.

For New Yorkers, it’s legal only if the raw milk is sold on the farm where it was produced.

While some studies have suggested potential benefits of raw milk consumption due to natural enzymes and probiotics it contains, the FDA has strongly advised that the risks outweigh it.

TESTS TAKEN AWAY

Milk production in the United States also underwent a massive change after the FDA suspended its quality testing program for Grad A options and other dairy products, per Reuters.

The suspension took effect on April 21, and specifically affected proficiency testing for raw milk as well.

But, why the suspension?

It comes from a mix of reasons, including the FDA’s budget cuts, lab closures, and overall staff reductions at the Department of Health and Human Services (HHS).

This doesn’t mean that milk is now unsafe to consume, as the FDA still works directly with states to test and analyze samples, but some experts believe it could eventually cause issues.

Egg prices are also still high this year amid shortages with the outbreak of the H5N1 bird flu virus.

There are also at least 12 states that ban another popular grocery item, and more could be doing the same soon.

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