Raw Milk, something you need to know (NYers)

[JeffNY]

Well I have something the state will not tell you, something that exists in the laws of NY. It is under Ag and Markets, Article 21, Section 257. Subdivision 4. This is what it says.


4. Farmers (including individuals and partnerships but not
corporations) selling not more than one hundred quarts daily average of
milk, or any amount of milk pasteurized on the farm where produced, to
customers coming there for it shall be exempt from the license
requirements provided by this article.

The link http://caselaw.lp.findlaw.com/nycodes/c4/a45.html

So knowing this, I wish we did some research prior to the license, because we would have avoided all this BS. Either way, we now know. So if they pull in the driveway to bother us after the permit is pulled. This is what will be pulled out at them, then they will be asked to leave.


Jeff

[michiganfarmer]

I LOVE it when I see someone find a law like that!! LOL great job Jeff!

[unioncreek]

Jeff,

I would check to make sure that there is not some later law that will nullify this one.

Bobg

[sycamore]

Yipeee Jeff! Now some more research to see if they've changed it since then.
Still kind of scary when someone can get a stomach bug or food poisoning at the local eatery (or peanut butter) and they can still get the State on your case. In to jail we go!!!

[jerzeygurl]

Pretty soon we will all be on street corners in trench coats, whispering "hey ya wanna buy some milk, shhhhh"

Give the little guy a break, its not like it is getting shipped over seas to unsuspecting consumers .

I'm thinking why not have one of those waivers you have to sign when you buy or rent a house acknowledging that you are aware that houses built before 1972 may have lead paint, and that you are aware of the dangers.

would something like that pretty much take care of consumer awareness, and producer liability.

[JeffNY]

The law is published on the Ag and Markets database as well.

Click AGM, Article 21, 257.

http://public.leginfo.state.ny.us/me...MMONQUERY=LAWS


Jeff

[Teacupliz]

great research I am reading every line.Lizin Ny

[emiliozapata]

in your post though it seemed to say "pasteurized milk" would'nt this preclude your raw milk sales still

[Aintlifegrand]

Originally Posted by jerzeygurl

Pretty soon we will all be on street corners in trench coats, whispering "hey ya wanna buy some milk, shhhhh"

Give the little guy a break, its not like it is getting shipped over seas to unsuspecting consumers .

I'm thinking why not have one of those waivers you have to sign when you buy or rent a house acknowledging that you are aware that houses built before 1972 may have lead paint, and that you are aware of the dangers.

would something like that pretty much take care of consumer awareness, and producer liability.

or like the oyster sign in Restaurants. They still sell raw oysters even thoguh there are dangers to eating them.

[JeffNY]

Originally Posted by emiliozapata

in your post though it seemed to say "pasteurized milk" would'nt this preclude your raw milk sales still

Yes, however it does say.

selling not more than one hundred quarts daily average of
milk, or any amount of milk pasteurized

If it says "One hundred quarts daily average of pasteurized milk", then yes. However it says "One hundred quarts daily average of milk, or any amount of milk pasteurized". The only thing the "milk" could be, is raw milk. Keep in mind, it says by reading that, you can sell any amount of pasteurized, but your limited to 100 quarts of "milk". I read that over several times, and it cleary says "or", which leaves it to, two types of milk.


Jeff

[Terry W]

good work-- question, aince short on time-- is this administrative code, or "revised" which is where most go to in ordder to find laws? Ifound, in Ohio, the administrative code is where I can find the trickier loopholes and more detailed listings of what can and cannot be permitted...

[CountryGoalie]

Nice, nice.

[Steve L.]

Originally Posted by emiliozapata

in your post though it seemed to say "pasteurized milk" would'nt this preclude your raw milk sales still

I agree with Jeff's reading.
He posted -

4. Farmers ... selling not more than one hundred quarts daily average of milk, OR ANY amount of milk pasteurized on the farm ... shall be exempt from the license
requirements provided by this article.

(Bolding mine)

[steff bugielski]

As I read the article in question I agree that includes raw, but they have always been sure to say raw in the past.
I tried to find the pamphlet that they gave me when I got my liscence, circular 958 and I can not find it. They seem to contradict themselves.
In circular 958 section 2.3 paragraph B( on pg17).
I will read the entire cirular to see if it is the same as that article 21.

[steff bugielski]

I am trying to copy the page but I cannot. I have it saved in my documents as PDF but do not know how to paste it here. Can't wake up DD till after noon.

[Jennifer L.]

Yes, we've always been able to sell milk off the farm. HOWEVER, if you sell to a milk plant or cooperative, they may require you to sell all of your product to them. That's the way things have been in the past with the cooperatives/plant this farm has sold to. So it comes down to do you want to endanger your major market or not. I've never sold off the farm for that reason.

Jennifer

[Ken Scharabok]

"4. Farmers (including individuals and partnerships but not
corporations) selling not more than one hundred quarts daily average of
milk, or any amount of milk pasteurized on the farm where produced, to
customers coming there for it shall be exempt from the license
requirements provided by this article."

An argument might be made if you sell raw milk to a commercial processor who picks it up on the farm (their milk truck) they would be a 'customer'. Thus, your volume may exclude you.

I suspect the spirit of this exemption for the couple of cow folks rather than a dairy, per se.

100 quarts is 25 gallons, which is what, two or three cows in lactation?

[steff bugielski]

http://www.agmkt.state.ny.us/DI/PDF%...kRegsPart2.pdf
here is the link to the info given to me by the state.
I sell raw goat milk, in which case 25 gallons average per day is within my range.

[sycamore]

I found this article in my research.

http://www.smallfarms.cornell.edu/pa...%20Proof-4.pdf

Contradicts the other information. What a pain.

Have you demanded a retest? Would be interesting to see what they find out now.

[Jennifer L.]

Very interesting! Thanks for that link, Sycamore.

Jennifer