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  #1  
Old 03/06/07, 05:25 PM
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Loophole: How to sell raw milk

Hi all,

I just read an article in Canada Small Farm magazine (March/April 2007) that was very interesting. Its illegal to sell raw milk, but one dairyman has found a way around the law. He sells shares in his cows for $300 and supplies raw milk to the "owners" of the cattle. He charges $2/litre for feed, labour and bottling. Technically he's not doing anything illegal as the people consuming the raw milk are the owners and he isn't selling it directly. Apparently authorities have tried to shut him down numerous times but unless he is selling the raw milk directly they can't do much.
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  #2  
Old 03/06/07, 07:01 PM
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they use that loop hole arround here as well, not sure if it holds up in court or not
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  #3  
Old 03/06/07, 11:02 PM
 
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My one neibour sells 1 gal jugs for $8. They may be dirty jugs... full of goat milk. The buyer is responsible for emptying the jug! Mike
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  #4  
Old 03/07/07, 12:08 AM
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The share scheme has been used around here, too. Generally the state informs the IRS of possible irregularities and that usually shuts them down. The farmer includes the shared animals as his own stock, which it of course no longer is. Just the math discourages most of them from continuing their share program.
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  #5  
Old 03/07/07, 01:03 AM
In Remembrance
 
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Do a seach on the forum on share milking as this has been a topic before.

(Note share milking or sharemilking can also be another concept in which the dairy farm is operated by a third party for a percentage of the milk realized, sometimes with the eventual ownership of the operation. This started out in New Zealand, but is used occasionally in the U.S.)

I believe it is www.realmilk.com which looks at the legal consideration. Essentially if you charge by the gallon/liter you are selling raw milk retail. A true share milk agreement must reflect the actual costs involved and the participants get a certain percentage of the typical production of that cow.

I'm pulling numbers out of the air for illustration purposes only.

Say you had a milk cow worth $2,000. You sell ten shares of that cow for $200 each. Now say the cow of her nature produces five gallons per day. On a daily basis then each of the ten users would be entitled to one-half gallon or no more than 3.5 gallons per week. If they are allowed to purchase more then you are selling milk from non-share cows at retail. When she is dry none of the share owners would get any milk.

(Added: If a cow produced more milk than the share holders could use, then technically the farmer would have to buy it back from them as the share cow belongs to them. The farmer is just acting as caretaker.)

A share milk agreement must also realistically reflect the maintenance cost of that cow. Say it is $100 per month excluding labor and $100 month for labor. Each should have to pay then a $20 per month maintenance fee. The farmer's profit would be in his labor cost.

The milk should not be sold on a unit basis, but rather free after paying the initial buy-in and monthly maintenance.

Techically a calf from that cow belongs to the share holders, although the farmer might be able to charge AI or a stud fee against the maintenance cost. If the calf is sold, the net proceeds belong to the share holders. If the cow dies the loss should be strictly the share holders. If the cow is culled the net proceeds should be divided among the share holders or used to offset the cost of a replacement.

The same basic concept would apply to a herd share agreement to where you, in effect, buy into the herd and then get milk from the bulk tank. Here again, a share holder should not receive more than what their buy-in would permit and should make a reasonally prorate monthly payment towards feed and maintenance.

I suspect technically a separate records book would have to be kept on the share cows as if it were a stand alone operation. For example, if a farmer had 40 cows and ten are on share milking, then the costs associated with the 30 should go against his farm account and the costs associated with the 10 should go against the share milking account. They would pay taxes separately. For example, they may show a loss with the 30 and a profit with the ten.

Remember Al Capone didn't go to prison for any of the crimes he may or may not have committed, but rather for evasion of income taxes on the profits thereof.

Some folks may sell raw milk as for pet use only. However, it would be considered as pet food and that is also regulated in some states from what I understand.

Last edited by Ken Scharabok; 03/07/07 at 01:31 AM.
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  #6  
Old 03/07/07, 01:13 AM
 
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Yes, raw milk sold as pet food only is allowed in some states. Ohio does not even allow that. Each state has their own laws about milk.
You can find sample copies of the herd share agreements on the net. Don't know the exact site but you can find it through
www.westonaprice.org
Their agreement has held up in several court cases.
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  #7  
Old 03/07/07, 01:27 AM
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Here is the specific link:

http://www.realmilk.com/cowfarmshare.html

Apparently the USDA also doesn't seem to apply the same standards to goat milk as they do cow milk.
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  #8  
Old 03/07/07, 03:53 AM
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Tam, just because he says it's legal, doesn't mean it is. It's in the process of going through the courts now and any legal expert I've heard discussing it expects him to lose.
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  #9  
Old 03/07/07, 06:05 AM
 
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cheap good raw milk

here in Pa. the one farmer does out a jug on top of of his hotwater heater and you make a donation of $1.50 per gallon of milk you want you have to fill your own jugs most time it taste pretty good
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  #10  
Old 03/07/07, 06:54 AM
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Woolyfluff: Technically that is the concept of he is giving it away free, but people have the option to make a donation to his favorite cause or such, even if it is himself. Another approach would be a milk house tour with a free sample afterwards. As noted above they had better be reporting the donations as income.

I haven't heard anything about it lately but there was a case in the Upper Midwest (OH or MI I think) where a USDA undercover agent visited one share milker and talked the farmer into giving him a gallon of milk. Might have been OK, but the agent insisted on giving the farmer $2.00, which he eventually accepted. Waa-laa, retail sale of raw milk.

I'm told raw milk sales go on all the time within (but not outside of) the Amish/Mennonite community south of here.
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  #11  
Old 03/07/07, 07:35 AM
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In Oklahoma, it's legal to sell up to 100 gallons of raw milk off the farm each month. These sells can only be made off of a homesteader farm. A licensed commercial dairy isn't able to sell off the farm as he is under contract from the milk cooperative. The contract specifically designates the cooperative as the only receiver of ALL of the milk produced on the farm. Any dairyman caught in the act of even giving a neighbor a gallon is subject to the revoke of his contract. I've visited with the state dairy inspector and he doesn't have a problem with me selling milk off of the farm.
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  #12  
Old 03/07/07, 09:31 AM
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Quote:
Originally Posted by francismilker
In Oklahoma, it's legal to sell up to 100 gallons of raw milk off the farm each month. These sells can only be made off of a homesteader farm. A licensed commercial dairy isn't able to sell off the farm as he is under contract from the milk cooperative. The contract specifically designates the cooperative as the only receiver of ALL of the milk produced on the farm. Any dairyman caught in the act of even giving a neighbor a gallon is subject to the revoke of his contract. I've visited with the state dairy inspector and he doesn't have a problem with me selling milk off of the farm.

that is a reasonable law in my estimation,

arround here its the pet food only thing,
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  #13  
Old 03/07/07, 09:37 AM
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Quote:
Originally Posted by Ken Scharabok

I'm told raw milk sales go on all the time within (but not outside of) the Amish/Mennonite community south of here.
Don't know offhand where you are, but the Amish community east of here sell cow's milk fresh from the morning milking to anyone who wants it at their bulk store. Maybe our laws aren't as strict, dunno. But it's some *good* milk and I haven't heard of anyone getting sick yet. They also sell fresh eggs but have to have an egg permit for that.

~Falcon
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  #14  
Old 03/07/07, 10:04 AM
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I'm not at all interested in raw sales. Too many people are law suit happy and the slightest stomach ache, real or contrived, would be all they need to turn me in and try to take what I have worked for. As far as I'm concerned, let them buy their own cow or buy the milk replacer in plastic gallon jugs they sell at supermarkets. In Tennessee, it is illegal even to give milk away, raw or not, for humans or for pets.
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  #15  
Old 03/07/07, 10:12 AM
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"In Tennessee, it is illegal even to give milk away, raw or not, for humans or for pets."

Again the laws may be different for goats vs cows. There is a place in New Johnsonville (TN) which openly sells unpasteurized goat milk.
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  #16  
Old 03/07/07, 11:31 AM
 
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They are closing up the raw milk loopholes here in Ohio .. donation /pet/ shares ... there was yet another artical about it in the Farm and Dairy a few weeks back over the Amish fellow who back in the fall was nailed for selling raw milk .. not long ago was nailed again via a diferent avenue/loop hole for dispensing raw milk .. big court battle .. and oda involvement .. ohio really doesnt want anyone to have raw milk .. they are even trying to make it difficult to produce your own and consume it
thing was with the amishman .. if I recollect correctly some one became ill and it was linked to his raw milk supposedly ....
I imagine a google search would turn up info

Paula
Hyde Park Farm
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  #17  
Old 03/07/07, 11:38 AM
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You're probably right Ken. Was only referring to cow's milk in my post.
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  #18  
Old 03/07/07, 12:00 PM
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Paula-- I KNOW that Amish farmer-- And the whole community in the area is really ticked off-- both Amish and English!!! Then, the new case involves someone from Ky coming into Ohio and getting raw milk from a "shared" cow in the southern part of the state. Ohio claims that agriculture is the MAJOR industry--yet the laws are closing down the small farm faster than one can blink an eye! Shoot-- the county fairs, which are supposed to be AGRICULTRAL in nature are more like CARNIVALS!!! Do you live near enough to join Geauga Family Farms? The meetings are held in Middlefield-- and we even have people come in from Pa and Indiana for some things!
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  #19  
Old 03/07/07, 06:18 PM
 
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I have not looked into to it, but I have been told that it is illegal to even give raw milk to my children! Much less sell it! What REALLY ticks me off is that the fines for selling raw milk is higher than for selling crack cocaine !! IMO maybe if more attention and money were spent dealing with dealers and gangs and the like everyones lives could be better.
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  #20  
Old 03/07/07, 08:24 PM
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Milkwitch, I totally agree with you. Schools allow vending machines that sell garbage to kids, cafeterias feed food laced with preservatives and various chemicals and any school field trip stops at the Golden Arches for the students to 'fuel' their bodies and the person selling raw milk has to sneak around like a crack dealer
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