The 60-day raw-milk rule: what it blocks, what it allows

What the rule actually says

US FDA regulation 21 CFR 133.182 (codified in 1949, in its current form since 1987) states that cheese sold in interstate commerce in the United States must either be made from pasteurized milk, OR if made from raw (unpasteurized) milk, must be aged at least 60 days at a temperature of 35°F (1.7°C) or higher.

The reasoning at codification: a 60-day aging period at moderate temperature was believed to provide enough time for pathogens (Listeria, E. coli O157, Salmonella) to die off through natural acid/salt/aging processes. Modern food-safety science questions whether 60 days actually achieves this for all relevant pathogens — but the rule has not been updated despite ongoing review since the 1990s.

The rule applies to interstate commerce. Cheese sold within a single state where it was produced is regulated by state law, which varies significantly. California, Vermont, Wisconsin, and several other states permit younger raw-milk cheese for in-state sale.

What gets blocked

Most of the world's greatest soft cheeses age less than 60 days and use raw milk — which means they cannot legally enter US interstate commerce. The list of blocked cheeses is significant:

• Camembert de Normandie AOP — typically aged 21-35 days, raw milk required
• Brie de Meaux AOP — typically aged 28-42 days, raw milk required
• Reblochon AOP — aged 28+ days minimum, raw milk required
• Munster / Munster-Géromé AOP — aged 21+ days minimum, raw milk
• Vacherin Mont d'Or AOP — aged 21+ days, raw milk
• Mozzarella di Bufala Campana DOP (when traditional/raw) — fresh, never aged
• Fresh chèvre from Loire AOPs — aged 10-21 days typically

The American versions of these cheeses (Camembert-style from Vermont Creamery; Reblochon-style attempts) use pasteurized milk by legal necessity. The result is structurally different cheese — pasteurization kills not just pathogens but also the natural microbiome that contributes to the traditional product's flavor.

What gets through

Cheeses aged longer than 60 days can be raw-milk and still legally enter US interstate commerce. This explains the asymmetry of European cheese availability:

• Roquefort AOP — typically aged 3+ months, dry-salt cured, raw milk. Legal.
• Aged Comté AOP (12+ months) — raw milk. Legal.
• Aged Gruyère AOP (10+ months) — raw milk. Legal.
• Aged Manchego DOP (3+ months) — raw or pasteurized. Raw is legal if aged 60+ days.
• Aged Parmigiano-Reggiano DOP — minimum 12 months. Raw milk. Legal.
• Stilton PDO — minimum 9 weeks (63 days). Legal — just barely.
• Aged clothbound Cheddar — minimum 9 months. Raw milk. Legal.

The pattern: alpine and hard-aged cheeses survive the rule because their natural aging is well past 60 days. The casualties are the soft-ripened cheeses where authentic production aging is 3-6 weeks.

The current debate

The FDA has periodically reviewed the rule since the 1990s. The case for shortening: modern hygienic dairy practices, pathogen testing, and the European track record (raw milk cheese in EU is legal at all ages, with rigorous testing requirements; outbreak rates are not higher than US pasteurized cheese rates). The case for keeping: any change introduces uncertainty into a system that mostly works; American consumer expectations of food safety are higher than European; the rule prevents low-quality raw-milk production from emerging.

The 2010s saw active discussion of relaxing the rule but no actual policy change. The Trump administration's 2018-2020 push for European trade alignment briefly raised the possibility but did not produce regulatory action. As of 2026, the rule stands essentially unchanged from its 1949 form.

Practical effect: serious American cheese culture has largely worked around the rule rather than waiting for it to change. American craft producers (Jasper Hill, Cypress Grove, Vermont Creamery) produce excellent cheeses within the constraint; serious American cheese consumers travel to Paris, Lyon, Milan, or London to taste the blocked imports.

The state-by-state exception

Within a single state, regulation varies. Several states permit younger raw-milk cheese for in-state sale only:

• California — permits raw-milk cheese sale aged 60+ days (matches federal); some younger raw products via farmstead exemptions
• Vermont — permits raw-milk dairy production with state inspection; raw-milk cheese must still meet 60-day federal rule for interstate sale
• Wisconsin — strict dairy regulations but permits some raw-milk cheese production
• Pennsylvania — Amish/Plain dairy traditions include raw-milk products via various exemptions

Visitors to these states sometimes find younger raw-milk cheeses available locally that cannot be legally shipped or sold elsewhere. This adds a regional dimension to American cheese travel.