Do you need a license to sell breast milk?

The Legality of Selling Breast Milk: What You Need to Know
In recent years, the practice of selling breast milk has gained attention, particularly among lactating individuals looking to monetize their surplus milk. However, the question of whether a license is required to sell breast milk is complex and varies by jurisdiction.
Current Legal Landscape
According to legal commentary on the subject, the sale of human breast milk, whether conducted online or through other means, is not regulated by federal law in the United States. This means that, in general, individuals can sell breast milk without needing a specific license. However, some states have enacted laws that pertain to the procurement and distribution of human milk, particularly when it involves licensed milk banks. For instance, states like California, New York, and Texas have regulations that apply to milk donated through these banks, but these do not extend to informal sales between individuals.
Selling vs. Donating
While selling breast milk is legal, it is important to distinguish between selling and donating. Many individuals who sell their milk often refer to it as “donating” when they receive compensation, which can sometimes create confusion regarding the legality of the transaction. The practice of selling breast milk can be seen as a way to help others while also earning some extra income, especially for those who produce more milk than their own child needs.
Safety and Ethical Considerations
Despite the lack of regulatory oversight, safety remains a paramount concern. The Centers for Disease Control and Prevention (CDC) advises that breast milk should ideally be obtained from licensed milk banks, which screen donors and pasteurize the milk to eliminate potential pathogens. Selling milk informally can pose risks, as there are no standardized safety protocols in place for individual sellers.
Market Dynamics
The market for breast milk is surprisingly robust, with some sellers reportedly earning between $1,400 to $2,100 a month by selling their excess milk online. This has led to a growing community of lactating individuals who view selling breast milk as a viable source of income. However, potential sellers should be aware of the ethical implications and the importance of ensuring that their milk is safe for consumption.
Conclusion
In summary, while you do not need a license to sell breast milk in most states, it is crucial to navigate the legal and ethical landscape carefully. Sellers should prioritize safety and consider the implications of their actions, both for themselves and for the recipients of their milk. As the market continues to evolve, staying informed about local laws and best practices will be essential for anyone considering this unique avenue for income.

Can you legally sell breast milk soap?

Well, it is not illegal to make and sell breastmilk soap. It’s merely unregulated. But then again so is all soap in the United States. So, why would I make breastmilk soap?

What do you need to sell milk?

Dairy Licenses — Applications and Permits
Every person who purchases, handles, or receives bulk unprocessed or pasteurized manufacturing or market milk for the purpose of manufacture, processing, sale, or other handling, must have a milk handler processor license.

What are the FDA guidelines for breast milk?

How to Store Breast Milk

Type of Breast Milk	Countertop 77°F (25°C) or colder (room temperature)
Freshly expressed or pumped	Up to 4 hours
Thawed, previously frozen	1–2 hours
Leftover from a feeding(baby did not finish the bottle)	Once it has been offered to the infant, use leftovers within 2 hours or discard leftovers

May 16, 2022

How do I legally sell my breast milk?

Steps

1. Find a milk bank you would like to join. Some milk banks only accept donations, but there are a lot of them out there that will pay $1 or more per ounce of breast milk.
2. Apply for a milk bank membership.
3. Undergo a screening process and blood test.
4. Follow guidelines to correctly store and transport breast milk.

What is the 120 pumping rule?

The first 12 weeks of your breastfeeding journey requires frequent breastmilk removal, stimulating healthy milk production. Studies show moms who exclusively pump for a minimum of 120 minutes per day can make enough to feed their babies primarily breastmilk.

What is the 5 5 5 rule for breast milk?

Something I recommend to moms is the 5-5-5 rule. Try and use milk within five hours at room temperature, five days in the fridge, and by five months in the freezer.

What disqualifies you from donating breast milk?

You may be disqualified from donating breast milk if you: Have or are being treated for HIV, HTLV (human T-cell leukemia virus), hepatitis B or C, or syphilis. Have a sexual partner who is at risk for HIV, HTLV, hepatitis B or C, or syphilis. Have used recreational drugs within the last year.

How much can I get paid for my breast milk?

There’s two main US national milk banks, Tiny Treasures and Ni-Q. TT pays $1.20/oz and Ni-Q pays $1/oz. Both are good companies and use that milk to make milk products that are used in hospital NICUs.

When did selling raw milk become illegal?

On August 10, 1987, FDA published a fi- nal regulation mandating the pasteurization of all milk and milk products in final pack- age form for direct human consumption. 8 This regulation banned the shipping of raw milk in interstate commerce and became ef- fective September 9, 1987.

Do you need a license to sell raw milk?

States Where Raw Milk is Legal on Producing Farms
Twelve of those states—California, Maine, New Hampshire, New Mexico, Pennsylvania, South Carolina, Washington, Arizona, and Connecticut—allow farm sales of raw milk with no license. The rest require a license to sell on the farm.