Who would like to discuss Herd shares?

Who would like to discuss Herdshares?

  • Currently in a herd share program.

    Votes: 0 0.0%
  • Other- please specify below

    Votes: 0 0.0%

  • Total voters
    9

Southern by choice

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I thought it would be a good opportunity to talk about herd shares.
Some points of discussion could be-
~Are you involved in a herd share
~What is a herd share
~advantages/disadvantages
~legal / illegal in your state
~pros/cons
~things to think about when considering

Please add to the list.

We have a really good group of people here and I would love to see more discussions and interaction.
I thought this would be a good topic, hope you all agree and will join in. :)
 

Southern by choice

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I should have added, I don't know much about them so this will be a great learning experience for me as well! :):):)
 

greybeard

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add to the list:
  • Is it or is it not just a method of circumventing regs re the selling of raw milk or other regulated products?
  • Which of the contracted members has the liability should something 'go wrong'?
  • Are the herdshare share contracts actually binding or even legal?
  • USDA & FDA apparently have issued their own set of guidance on this. How do they view and react to what regs a state enacts?
 

Mike CHS

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It may be hard to separate laws because each state is so different. I also don't know enough about how USDA interacts with the state Dept of Agriculture.

Tennessee legalized the "herd share" act in 2009 that refers to cows but goes on to include all hoofed animals.
The law reads in part:

There are only 2 ways to legally obtain raw milk in the state of Tennessee right now. Here they are below.
  1. It is legal for farmers to sell raw milk FOR PET CONSUMPTION only.
    It must be labeled as such.
  2. It is legal to obtain fresh raw milk through share programs. either cow
    shares, herd shares, or farm shares.
I can sell meat shares or even individual cuts by getting the Ag Dept to certify our handling area which we will do soon.
 

Southern by choice

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It may be hard to separate laws because each state is so different. I also don't know enough about how USDA interacts with the state Dept of Agriculture.

Tennessee legalized the "herd share" act in 2009 that refers to cows but goes on to include all hoofed animals.
The law reads in part:

There are only 2 ways to legally obtain raw milk in the state of Tennessee right now. Here they are below.
  1. It is legal for farmers to sell raw milk FOR PET CONSUMPTION only.
    It must be labeled as such.
  2. It is legal to obtain fresh raw milk through share programs. either cow
    shares, herd shares, or farm shares.
I can sell meat shares or even individual cuts by getting the Ag Dept to certify our handling area which we will do soon.

Yes, that aspect will be difficult.

I do think laying thoughts out and seeing things from different perspectives will be beneficial.
I also don't believe we will all agree on the subject but can still be really thought provoking and civil!
I love learning new things and sharing info, should be fun. :)
 

Mini Horses

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There are only 2 ways to legally obtain raw milk in the state of Tennessee right now. Here they are below.
  1. It is legal for farmers to sell raw milk FOR PET CONSUMPTION only.
    It must be labeled as such.
  2. It is legal to obtain fresh raw milk through share programs. either cow
    shares, herd shares, or farm shares.

VA is almost identical. Pet or craft use, labeled, ok. If a herd share, you are a part owner & using "own" milk. The farmer is paid to "board and care for" your share of the animals.

Yes, it is a way to "just a method of circumventing regs re the selling of raw milk or other regulated products?" as GB states.
The alternative is a dairy, licensed, inspections & huge expense for simply fresh but, pasteurized milk. Not raw.

There are 4 or 5 cow share herds within 50 miles of me, doing ok. There used to be a goat herd but, the lady stopped because she got tired of milking "so many". So cut down slowly and is now down to 2 does & a buck for home use. Had done this for almost 7 years.

The contracts can be upheld in court if properly written. After all, you are selling an interest in your animals. The co-owners do not have the responsibility of care and receive a share "their interest" of the milk produced. Contracts I've seen state the co-owner buys into the herd (generally a nominal fee $25-100 per share, depending on type animal) caregiver farm handles all breeding, keeps all off spring, has no responsibility to co-owner for any losses of animals and has cost of all care, vet, housing, etc. The "co-owner share" is a silent partner who pays a monthly fee for board and receives a specified portion of milk per share....agreeing that some months no milk may be produced and fee still due. Generally a limit to how much time can lapse with no milk. MOST farms stagger breeding so that milk is available all year. Contracts are not transferrable by co-owner but, can be cancelled in writing. These are generalizations of those I have read. As an "owner" you can use the milk raw without legal issues, you are not buying it.

The farms have their own methods for owners getting their milk -- pick up, delivery (for a fee, generally to a location where several will pick up. Often this is an owner, who receives and holds for them. A network.) Some groups take turns to drive to the farm for several, etc. I calculated the income from some cows (per contracted price & aver gallons per day +/-) and those gals brought in an at least $900 per mo each.

Often the caretaker farm also sells other items … eggs, chickens, veggies, hay, etc.

In VA the officials rarely "bother" these share farms, unless there is something along the lines of neglect or abuse claims to them. In other words, the share herds are tolerated.
 

greybeard

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The contracts can be upheld in court if properly written. After all, you are selling an interest in your animals. The co-owners do not have the responsibility of care and receive a share "their interest" of the milk produced. Contracts I've seen state the co-owner buys into the herd (generally a nominal fee $25-100 per share, depending on type animal) caregiver farm handles all breeding, keeps all off spring, has no responsibility to co-owner for any losses of animals and has cost of all care, vet, housing, etc. The "co-owner share" is a silent partner who pays a monthly fee for board and receives a specified portion of milk per share....agreeing that some months no milk may be produced and fee still due. Generally a limit to how much time can lapse with no milk. MOST farms stagger breeding so that milk is available all year. Contracts are not transferrable by co-owner but, can be cancelled in writing. These are generalizations of those I have read. As an "owner" you can use the milk raw without legal issues, you are not buying it
I'm very much in favor of any farmer being able to drink milk from his/her own stock or use any product of his own in any way they wish. Heck,if one of them wants to harvest and ingest SRM from cattle,that's on them as well.

But questions abound..
Exactly, what is it you are purchasing when you purchase a share? (be specific please)
Do you have an example of one of these contracts?
What constitutes 1 "share"?
If someone gets sick from the raw milk or dies from it, who is financially liable?
How does one know for sure, that it is 'their' share they received and not someone else's? (It's important regarding the liability question)

(I take a long and wide view of things so I ask hard questions, but these are the same questions the informed general public is asking)
Does this look about right?
Purchase and Sale of an Interest in a Herd of Cows. Seller hereby sells to Buyer and Buyer hereby purchases from Seller ___ shares in the herd of cows described in Exhibit “A” . . . It is agreed and understood by Buyer that Buyer’s interest in the Herd is a limited interest shared with others of co-ownership in the Herd and that the interest purchased by Buyer does not convey or vest in Buyer sole ownership of the Herd or of any particular cow in the Herd. It is further agreed and understood that the specific cows in the Herd may change over time as cows die or as Seller adds to or deletes from the Herd in its sole and absolute discretion; however, Seller shall not be obligated to add to the Herd to replace a cow that dies, but may do so at Seller’s discretion. Seller will notify Buyer of all such changes in the Herd. Buyer’s interest does not include any rights to or interest in any offspring of any cow in the Herd; all rights to, interest in, and ownership of any and all offspring of cows in the Herd is reserved by Seller and shall vest and remain in Seller.
 

Mini Horses

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Yes, GB what you post is similar to what I have seen. Your share is an "investment owner", so to speak. Your return is simply what is produced in milk.

I'll have to see if I have a copy of any I have seen & read. I do not do this....am only reporting what I have seen and found here in my area. Was looking up raw milk, found a site, you choose a State, they list those who have such available, etc. Site for some free listing of your farm.

Leaving for work shortly but, will find more on computer later.

Many of these questions are certainly MINE, also. Thus, I am not a participant.

As to "your share" -- it's like three people buying a bag of M&Ms. You each own each piece, So, dump the bag and divide into 3 piles. Contracts I've seen all seem to be based on a share equals one gallon....some will NOT post their contract on line, you see it when you get there & talk with them. Most also seem to have a disclaimer of sorts as to " germs are everywhere, you are responsible, etc" . So far, I have not heard of any health problems in my area from users or caregivers. :idunno I'm only reporting generalizations of what I have seen when looking at this here, where I live.


Sure glad this isn't about eggs! :lol:

GB you will either kill us or develop a GREAT contract. :he:D:lol::lol::lol:
 

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