Dairy and Dairy Products Law

Dairy Production and Products Regulation

The FDA regulates dairy products and production. Several general and dairy-specific ordinances and regulations create a food safety framework for the dairy industry. Regulating dairy food safety involves interstate milk shipping, pasteurized milk production, generic labeling, and organic labeling standards. The following subheadings explore each dairy food safety facet further. This includes a representative sample of dairy industry regulations from FDA, USDA, and other academic sources, but is not intended to be fully comprehensive. There may be other sources to consult on other dairy subject matter.

Interstate Milk Shippers and Pasteurized Milk Ordinance

The United States Public Health Service (USPHS) and the FDA regulate milk processing for shipment across state lines. The FDA publishes an Interstate Milk Shippers List quarterly that includes milk shippers who have complied with State Milk sanitation authorities. State milk sanitation agencies, through the National Conference of Interstate Milk Shipments, promulgated the list rules. Accordingly, in order to ship milk across state lines milk shippers must, amongst other things: 

• Receive certification from Milk Sanitation Rating Officers (SROs) 
• Comply with USPHS/FDA Grade A Pasteurized Milk Ordinance and Grade A Condensed and Dry Milk Products and Condensed and Dry Whey 
• Use procedures set forth in Methods of Making Sanitation Rating of Milk Supplies 

The following sources offer more information on interstate milk shipping and compliance with the Pasteurized Milk Ordinance. 

• Grade “A” Pasteurized Milk Ordinance (PMO) (Rev. 2019) 
• FDA Interstate Milk Shippers List 
• National Conference on Interstate Milk Shipments 
• National Conference on Interstate Milk Shipments (NCIMS) Model Documents 

Conventional Product and Labeling Regulation

Dairy Industry Regulations

• 21 C.F.R. 131 Milk and Cream Food Standards 
• 21 C.F.R. 133 Cheeses and Related Cheese Products Food Standards 
• Milk Facts Standards of Identity for Dairy Products 
• Dairy Grade A Voluntary HACCP Program & Resources 
• Guidance for Industry: Food Security Preventive Measures Guidance for Dairy Farms, Bulk Milk Transporters, Bulk Milk Transfer Stations and Fluid Milk Processors 
• Milk Guidance Documents & Regulatory Information 
• Grade “A” Milk Search System (GAMS) 
• AMS Grade Labels for Dairy Products 
• AMS General Specifications for Dairy Plants Approved for USDA Inspection and Grading Service 

AMS Dairy Products Grades and Standards 

• AMS Product Label Factsheet 
• AMS Commercial Item Descriptions (CIDs) Dairy Foods and Eggs 
• AMS Dairy Official Quality Shields 
• AMS Dairy Product Quality Specifications 
• Bulk American Cheese Grades and Standards 
• Butter Grades and Standards 
• Cheddar Cheese Grades and Standards 
• Colby Cheese Grades and Standards 
• Commercial Item Descriptions 
• Dry Buttermilk and Dry Buttermilk Product Grades and Standards 
• Dry Whey Grades and Standards 
• Edible Dry Casein (Acid) Grades and Standards 
• Ice Cream Standard 
• Instant Nonfat Dry Milk Grades and Standards 
• Monterey (Monterey Jack) Cheese Grades and Standards 
• Nonfat Dry Milk (Roller Process) Grades and Standards 
• Nonfat Dry Milk (Spray Process) Grades and Standards 
• Swiss Cheese, Emmentaler Cheese Grades and Standards 
• Whipped Butter Grades and Standards 

Organic Production and Labeling

General Organic Regulations

• AMS Organic Regulations 
• USDA Organic Regulations (7 C.F.R. 205 et seq.) 
• National Organic Program 
• USDA National Organic Program (NOP) Handbook 
• 7 U.S.C. ch. 94: Organic Certification 
• AMS Labeling Organic Products 
• AMS The Organic Seal 
• AMS The National List of Allowed and Prohibited Substances 
• AMS National Organic Standards Board (NOSB) 

Dairy Industry Organic Regulations

• USDA Guidelines for Organic Certification of Dairy Livestock 

State Dairy Production and Products Regulation Programs