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The case for raw milk in Teton County seems to be one of putting the cart before the horse, at least legally.

County Attorney Keith Gingery advised members of the county board of health that they have no power to approve a raw milk pilot program, saying that the push to sell unpasteurized milk in the valley is “a few months ahead of its time.”

That authority, he said, lies with state health officials and legislators and federal regulators with the Food and Drug Administration.

“My advice is to wait until it is legal in Wyoming,” Gingery said during a meeting Tuesday. “After that, you will still have to deal with the federal law that says you can’t put raw milk into interstate commerce. You don’t just get to pass a pilot program that violates federal law.”

Gingery did, however, say that there is legislation in the works — at both the state and national levels — that could allow for unpasteurized milk to be transported into Wyoming from Idaho.

He mentioned growing support for a bill being pushed by state Rep. Sue Wallis, R-Recluse, and the possibility that U.S. Sen. Mike Enzi, R-Wyo., would sponsor an amendment in Congress to current legislation pertaining to food.

“You should keep this on the front-burner,” Gingery said to board members. “Keep talking about it. As soon as it is legal in Wyoming, you could go to Enzi and his staff and see if they will submit an amendment to the current bill. If it’s legal in Idaho and it’s legal in Wyoming, you probably should be able to get something done.”

Without legislative movement, the board cannot do anything to allow for the sale of raw milk, said board chairman Dr. David Shlim.

“It seems that because of the legal limitations, a discussion about the merits and benefits of raw milk will not benefit the board,” he said during the meeting. “The proposal was well thought out and we would consider the sale of raw milk if it was legal, but we cannot pass an illegal rule.”

The meeting was the latest development in an ongoing effort to allow the sale of raw milk in the valley. About three months ago, local health inspectors forced Jackson Whole Grocer to pull from its shelves and stop selling unpasteurized milk.

In response, staff from the store began lobbying state legislators, collecting signatures for a petition to allow the sale of raw milk and pressing local health officials about possible options, including a recent proposal from store staff that would have implemented a distribution system to enable Paradise Springs Farms — a 200-acre biodynamic farm in Teton Valley, Idaho, that produces raw milk — to transport its milk to The Jackson Whole Grocer.

Idaho, unlike Wyoming, has a law in place that allows the sale of unpasteurized milk and includes strict requirements for bacteriological testing and inspections.

Grocery store staff also have proposed selling the milk as pet food, which would bypass the state’s food regulations, and simply acting as a holding facility for Paradise Springs.

Wayne Cook, a consumer health specialist with the state Department of Agriculture, said that he was hesitant to support any of the aforementioned suggestions because of the danger of raw milk.

“Raw milk is not a villain,” newly appointed board member and owner of Jackson Whole Grocer, Bob Arndt, shot back.