Is it legal to sell your breast milk in the US?

The Legality of Selling Breast Milk in the U.S.
In the United States, the sale of breast milk is a complex issue that intertwines legality, health concerns, and ethical considerations. While it may not be a common topic of discussion, the practice of selling breast milk is indeed legal, albeit largely unregulated.
Legal Framework
The informal sale of human breast milk, whether through online platforms or personal transactions, is not governed by federal or state laws. This means that individuals can legally sell their breast milk without facing legal repercussions. According to various sources, including legal commentary on the subject, there are no specific laws prohibiting the sale of breast milk in the U.S..
However, this lack of regulation raises significant health concerns. The Food and Drug Administration (FDA) has issued warnings about the risks associated with obtaining donor milk from unregulated sources, particularly online. The FDA emphasizes that milk sold through informal channels may not meet safety standards, potentially exposing infants to harmful pathogens.
Market Dynamics
Despite the risks, there is a burgeoning market for breast milk. Many lactating individuals are turning to this practice as a means to supplement their income. Reports indicate that breast milk is often sold through social media platforms and online marketplaces, where sellers can connect directly with buyers. This trend reflects a growing acceptance of breast milk as a commodity, driven by demand from parents seeking alternatives to formula, especially for infants with specific dietary needs.
Health and Safety Considerations
While selling breast milk is legal, the safety of such transactions is a significant concern. The FDA and health experts recommend that parents obtain breast milk from regulated milk banks, which screen donors and pasteurize the milk to eliminate potential health risks. In contrast, milk sold informally may not undergo any safety checks, leading to potential health hazards for infants who consume it.
Moreover, the composition of breast milk can vary widely among individuals and even within the same individual over time. This variability complicates the assurance of quality and safety in informal sales.
Conclusion
In summary, selling breast milk in the U.S. is legal and increasingly common, particularly through online platforms. However, the lack of regulation poses significant health risks, making it crucial for potential buyers to exercise caution. While the market for breast milk continues to grow, the emphasis on safety and informed choices remains paramount for the well-being of infants.

Is it illegal to sell raw milk in the US?

Federal law prohibits the sale of unpasteurized milk across state lines, but individual state laws govern the sale of unpasteurized milk within the state. The page shows the states in which sale of unpasteurized milk is allowed in retail stores, on the farm only, or prohibited.

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.

Can I get paid for my breast milk?

To become a donor, select a Prolacta-affiliated milk bank of your choice: Helping Hands Milk Bank – Prolacta will donate to Susan G. Komen® $1 for every ounce of qualified milk collected. Tiny Treasures Milk Bank – You’ll be compensated $1.20 for every qualified ounce of milk you donate.

Is it legal to sell breast milk USA?

It is not illegal to sell breast milk online. But, it is unregulated, so it’s “buyer beware.” The FDA warns feeding infants breast milk from online marketplaces can transmit diseases or expose them to prescription or illegal drugs, making it a public health issue.

What is the value of human breast milk?

Human breast milk (HBM) is essential for the infant’s growth and development right after birth and is an irreplaceable source of nutrition for early human survival. Various infant formulas have many similarities to HBM in many components, but there is no perfect substitute for HBM.

Do hospitals pay for donor milk?

This fee is paid for by the hospital, not the family, and covers the cost of screening, processing, bottling, testing, labeling, tracking, and overnight shipment of the frozen pasteurized milk. The milk itself is not sold.

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.

Why is goat milk illegal?

Because raw milks are not pasteurized to remove bacteria that can potentially make people sick, many U.S. states ban the sale of raw milk from goats and other animals.

How much does breast milk sell for in USA?

The average cost is $3-$5 per ounce, and babies can consume between 32 and 48 ounces of milk per day. In states where neither Medicaid nor commercial insurance covers donor milk, families sometimes buy unregulated breast milk online or receive donated milk from friends or family because it can be less expensive.

How much can I get paid for my breast milk?

We compensate our donors
HDM Plus™ currently pays $1.00 per ounce of breast milk supplied by qualified donors. All donors must pass a strict testing and screening process to ensure the highest levels of safety for our infant recipients.