North Dakota – Herdshare Bill Signed into Law
by Pete Kennedy, Esq.
Farm-to-Consumer Legal Defense Fund
On April 29 herdshares become officially legal in North Dakota when Governor Jack Dalrymple signed Senate Bill 2072 into law. SB 2072 provides that “it is not a violation [of law] to transfer or obtain raw milk under a shared animal ownership agreement.”
Shared animal ownership is defined in the bill as “any contractual arrangement under which an individual:
- a. Acquires an ownership interest in a milk-producing animal;
- b. Agrees to pay another for, reimburse another for, or otherwise accept financial responsibility for the care and boarding of the milk-producing animal at the dairy farm; and
- c. Is entitled to receive a proportionate share of the animal’s raw milk production as a condition of the contractual arrangement.
The original version of SB 2072 did not contain a provision on herdshares; the bill only amended the state dairy code to adopt the latest revision of the Pasteurized Milk Ordinance (PMO), which governs the production and sale of pasteurized milk in the U.S.
After the bill passed the Senate, North Dakota Department of Agriculture (NDDA) Dairy Director Wayne Carlson intended to introduce an amendment to SB 2072 banning herdshare agreements in the House Agriculture Committee. Raw milk proponents had advance notice of the amendment and were able to convince the committee to instead adopt an amendment expressly legalizing herdshares.
To ensure that NDDA does not attempt to undercut herdshare agreements in the future, the new law contains a section stating, “. . . the commissioner may not adopt any rule that restricts, limits or imposes additional requirements on any individual transferring or obtaining raw milk in accordance with the terms of a share animal ownership agreement.”
With a possible eye towards legalizing the sale of raw milk in North Dakota, SB 2072 calls for a group referred to as “legislative management” to “consider studying the availability of raw or unpasteurized milk, for human consumption, in this state.” The group is to report its findings and recommendations along with any proposed legislation to implement those recommendations to the legislature next session.
North Dakota now joins Alaska, Colorado, Idaho, Tennessee and Wyoming as states that have officially legalized herdshares by either statute or regulation.
Full Article Here: http://www.farmtoconsumer.org/news_wp/?p=9849
Michigan Adopts Policy on Herdshares
by Pete Kennedy, Esq.
Farm-to-Consumer Legal Defense Fund
he Michigan Department of Agriculture and Rural Development (MDARD) has adopted a policy officially recognizing herdshares in Michigan and letting them operate unregulated. MDARD issued the document (Policy # 1.40) on March 12, 2013 – a key point in the department’s new policy states that MDARD “does not license or inspect the herd share portion of a dairy farm.” The policy follows the recommendations of the Michigan Fresh Unprocessed Whole Milk Workgroup (the “Workgroup”).
In response to state enforcement against Family Farms Cooperative (FFC), the Workgroup started meeting January 2007 to determine, in its own words, “how to address a desire among some Michigan consumers for access to raw milk while minimizing health risks.” The goal of the Workgroup was to provide “clear direction with clear public policy regarding access to fresh unprocessed whole milk and adjusting the law accordingly, if needed.”
In December 2012, the Workgroup released a summary of its six years of work, entitled Report of Michigan Fresh Unprocessed Whole Milk Workgroup. MDARD adopted the recommendations on herdshare operations. The Workgroup chose the terminology, “fresh unprocessed whole milk” to distinguish raw milk intended for direct human consumption from “raw milk” intended for pasteurization.
Members of the Workgroup included the deputy director of MDARD’s Food and Dairy Division, faculty members of Michigan University and Michigan State University, a member of the Michigan Milk Producers Association, raw milk consumers and herdshare farmers. Much of the early work of the group is posted on the website hosted by the Michigan Food and Farming Systems (MIFFS); however, the report goes beyond the sections posted on the website.
In addition to the recommendations, the report contains the following sections:
- History of Fresh Unprocessed Whole Milk
- Benefits and Values
- Risks
- Risk and Benefit Management
- Consumer Choice Options
There was consensus agreement among the Workgroup members on all sections of the report, including its recommendations.
The Workgroup focused on the distribution of only raw milk through herdshare arrangements and not other products such as butter, cheese and yogurt. In its policy paper, MDARD indicates that the department did not consider products other than raw milk to be “part of a herd share operation” and that those products would be subject to applicable MDARD laws and regulations – meaning no dairy products other than raw cheese aged at least 60 days can legally be sold or distributed in the state. The Workgroup’s central recommendation was that “herd share programs not be regulated and that legislation is not needed to implement these recommendations.” The MDARD adoption of this recommendation was the culmination of six years of work.
The Workgroup report is a significant development in the acceptance of the right to sell and consume by “mainstream” society. Earlier this year, the National Farmers Union passed a resolution supporting the sale of raw milk. Fifteen to twenty bills were introduced in the state legislatures this session that would either expand or legalize the sale of raw milk. The outliers these days aren’t raw milk supporters but rather those agencies like FDA, the Minnesota Department of Agriculture and the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) that refuse to accept freedom of choice.
Congratulations to Dr. Ted Beals, Peggy Beals, Joe Scrimger, Roseanne Ponkowski, Sue Esser and the others who participated in the Workgroup. It’s worthwhile to note that the members of the Workgroup received no state funding aside from allowing its employed members to have time to take part in the meetings; otherwise, each member essentially donated their time to the effort.
Read the Full Article Here: http://www.farmtoconsumer.org/news_wp/?p=9309
The Raw Milk Revolution
Behind America’s Emerging Battle Over Food Rights
by David E. Gumpert
FREE Shipping Available!