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Raw Milk Herdshare

Discussion in 'Other Pets & Livestock' started by bigredfeather, Aug 15, 2011.

  1. bigredfeather

    bigredfeather Chillin' With My Peeps

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    Yorkshire, Ohio
    We have dairy goats and all kinds of extra milk. I have someone interested in buying some milk, but I want to go about it in a way that will CMA. If anyone knows the ins-and-outs of setting up a herdshare, please explain.

    Here's what I know:
    Determine a price for signing up for herdshare. I think I will go $25, refundable when share is terminated. Next, determine a weekly or monthly boarding/feeding fee. From my understanding, this weekly/monthly fee should be the price per gallon I'm wanting to get, times the number of gallons per week/month the herdsharer is wanting to receive. I guess what I'm wanting to know is how does this all get set-up in a legal manner. Is it as simple as I type up something containing this information and have them sign it. And.......for those of you herdsharing goat milk, what are you getting per gallon?

    TIA
     
  2. debilorrah

    debilorrah The Great Guru of Yap Premium Member

    Quote:Be very careful. The land owner where the cows are kept here in CA is now in jail for "selling" raw milk. Never mind everyone had a share in the cattle.
     
  3. watchdogps

    watchdogps Chillin' With My Peeps

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    Central Ohio
    Google the Farm to Consumer Foundation. They have info and legal forms for setting up herdshares.
     
  4. Katy

    Katy Flock Mistress

    I'd also make sure to have them sign a waiver of some sort that they can not turn around and sue you if they or someone else who drinks the milk gets sick......and have some good liability insurance in place.

    I grew up on raw milk and survived just fine, but in this society of sue-happy people I wouldn't do a milk-share for anything.
     
  5. Chatychick

    Chatychick Chillin' With My Peeps

    Jul 9, 2007
    Blue Mound, Kansas
    I agree with the others. I have Dairy goats also and dont sell my milk I let people make donations and I tell them its not for human consumption. If they drink it after they leave here...not my problem, I cant control them. When you set a price you are liable andit can come back to bite you. I have a few people that come to get milk but they just donate ...safer that way...Be Careful
     
  6. SillyChicken

    SillyChicken Overrun With Chickens

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    Can't you also sell milk for "pet" consumption? I believe it has to be labeled as such.
     
  7. rebelcowboysnb

    rebelcowboysnb Confederate Money Farm Premium Member

    realmilk.com :

    Ohio
    Raw milk sales for human consumption are illegal. The state has adopted Section 9 of the Pasteurized Milk Ordinance which permits only the sale of pasteurized milk to the final consumer.

    There are no state laws against the sale of raw milk for pet consumption. It is the policy of the state Department of Agriculture to permit on-farm sales of raw milk for pet consumption provided that the farmer posts signs stating that they are selling raw milk for pet consumption only.

    May want to read this though. http://www.realmilk.com/update-oh.html

    Apparently
    the ODOA is fighting a war to stop raw milk but losing in court.​
     
    Last edited: Aug 16, 2011
  8. bigredfeather

    bigredfeather Chillin' With My Peeps

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    Yorkshire, Ohio
    Thank you for the link. Interestingly, Dan and Nancy Kremer only live about 5 miles from me and the Schmitmeyer's live about 10 miles from me. The Schmitmeyers where supplying the milk to the Kremers when all this went down. From what I understand, labeling it for "pet use only" doesn't make it legal.

    Thanks.
     
  9. PotterWatch

    PotterWatch My Patronus is a Chicken

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    Virginia
    We are part of a cow herd share though ours is run a bit differently since the members have to do the milking themselves. I can post the agreement we use if you want to see it. Our price is $20 initial buy-in and then $10/month for boarding. We are given a day and time to milk and it is our responsibility to make certain whatever cow, that belongs to our herd, is milked at that time. If we keep the milk, we are responsible for proper collection and storage.
     
  10. PotterWatch

    PotterWatch My Patronus is a Chicken

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    Virginia
    Just in case anyone else is interested; this is what our agreement looks like (I removed the farm name for security):


    Sale And Boarding Agreement for (Farm Name) Herd Share

    This agreement, made this ______ day of ________, ________, by and between _________________ (“Seller”) and ___________________________ (“Buyer, Owner”).

    1. Sale and Payment

    A. Seller agrees to sell ______ shares to buyer at a price of $20.00 per share. A share is defined as an undivided interest in the herd, not any particular cow. Full payment is required for all shares upon execution of this contract.

    2. Boarding of Animals

    A. Seller agrees to provide care and boarding for Buyer’s cattle on Seller’s farm for a cost of $10.00 per month, per share purchased, due on the first day of each month. Care and boarding will include providing shelter, feed, water, and normal veterinary care as necessary. Seller states that all cows in the herd are, at the signing of this agreement, in good health. Seller agrees to notify Buyer of any medical issues concerning the herd within 24hrs of the issue becoming apparent. This notification will be done by phone, email, or in person. Buyer agrees to notify Seller of any health issues concerning the herd within 12hrs of the issue becoming apparent. This notification will be done by phone or in person.

    C. Seller will maintain his premises and facilities in good and safe condition, at all times buyer has cattle boarded at his facility.

    D. Seller will regularly breed buyer’s cows in order to ensure that cows continue to produce milk. Seller will absorb all costs associated with this service. Buyer will grant to seller all offspring of the cows as payment for the breeding services.

    E. Seller assumes all risk from loss of animals in the herd. Seller is entitled to all gain when a cow is removed from the herd.


    3. Collection and Storage of milk.

    A. Buyer has represented that any milk obtained during the duration of the herd share is for personal use.




    Collection and Storage of milk (cont.)

    B. Buyer acknowledges responsibility for milking any cow that is part of the herd and needs to be milked during their designated time. If the buyer is unable to milk at their designated time, they are responsible for finding a replacement who agrees to all the terms of this herd share. This is to ensure the health and continued production of the cow.

    C. Buyer acknowledges responsibility for the proper collection and storage of any milk they collect during their designated time.

    D. Buyer acknowledges that he/she is aware of any and all risks that are associated with the use and consumption of raw milk. Buyer agrees that he/she is personally assuming liability for the consumption of raw milk. Buyer agrees that he/she will educate anyone consuming the raw milk of the potential risks of raw milk consumption.

    Transfer of Ownership

    A. Buyer/Owner may choose to terminate this agreement and transfer herd share ownership back to Seller by providing written notice of intent 14 days prior to termination of agreement.

    B. Upon termination of this agreement and transfer of ownership, Seller will repurchase shares from the owner for the original purchase price of the herd shares, minus 20% per year depreciation. There is a minimum of 1 year depreciation.

    C. Seller may choose to terminate this agreement and transfer ownership, for any reason, at any time, by providing 7 days written notice to owner, and will repurchase all shares from owner for the original purchase price, minus 20% per year depreciation.

    Choice of Law

    A. This contract will be interpreted and enforced in accordance with the laws of the State of California.

    Entire Agreement

    This agreement represents the entire agreement between the parties and may be modified on by a writing signed by both parties.


    By signing, we agree to all terms stated above, and enter into a working agreement with _____________________.



    _____________________________ _____________________________
    Buyer Seller
     
    Last edited: Aug 16, 2011

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