The Grade A milk waiver from the FDA sanitary transportation rule
In April 2017 FDA waived its sanitary transportation rule for shippers, carriers and receivers that hold valid permits and are inspected under the NCIMS Grade A Milk Safety Program, but only while hauling bulk and finished Grade A milk and milk products. Other food loads in the same tanker are not covered. Milk haulers still follow state dairy rules, such as MDARD licensing in Michigan.
- What the waiver covers
- Where it stops
- What still applies
- FAQ
What the waiver covers
Businesses subject to the FDA sanitary transportation rule that hold valid permits and are inspected under the NCIMS Grade A Milk Safety Program, only when hauling bulk and finished Grade A milk and milk products (82 FR 16733, corrected Jul 3, 2017).
Where it stops
- Loads that are not Grade A milk or milk products, such as juice or other liquid food.
- Businesses without a valid NCIMS permit and inspection.
What still applies
- State dairy licensing and hauler rules. In Michigan, see milk tanker hauling in Michigan and milk hauler licenses in Michigan, Ohio and Indiana.
- For other food loads, the FDA rule and its records apply. See food-grade tanker wash and cleaning records.
- CDL endorsement rules for tank vehicles. See the CDL tank (N) endorsement.
FAQ
Who qualifies?
Businesses subject to the rule that hold valid permits and are inspected under the National Conference on Interstate Milk Shipments Grade A Milk Safety Program.
Does it cover all dairy?
It covers bulk and finished Grade A milk and milk products. Other food is not covered by this waiver.
When did it take effect?
April 6, 2017, the day it was published. A correction followed on July 3, 2017.
Why did FDA waive it?
FDA said these operations are already under separate state and federal controls. Its rule lets it waive a requirement when doing so is not unsafe and not against the public interest (21 CFR 1.914).
Do Michigan haulers still need an MDARD license?
Yes. The waiver is federal and only about the FDA transport rule. See our Michigan milk tanker guide.
This guide is general information, not advice on any policy.
Sources
- Federal Register: Waivers from the Sanitary Transportation rule (published Apr 6, 2017)
- Federal Register: Correction (published Jul 3, 2017)
- FDA: Three waivers to the Sanitary Transportation rule (accessed Oct 30, 2026)
- 21 CFR 1.914: When FDA waives a requirement (last amended Dec 29, 2016)