I am not an attorney.
These are the rules in lay person terms as best I can tell:
You have to file a Shared Animal Ownership Agreement form
with the Dept of Ag.
This form comes from the Department of Agriculture. Request
one by calling: (304) 558-3550
The form has the seller and share owner’s name, address and
telephone numbers.
It explains what percentage is owned by the share owner,
what they pay for board and care, and then it lists an understanding of the
risks and liability release of the herd owner. It explains the share buyer
cannot give the milk away to other parties.
You will received acknowledgement from the Ag Commissioner
within 15 days of filing the agreement. Before filing, you need to, as the herd
owner, have Animal Health Report Requirements completed, which will include a
herd health plan. All of this will be public record.
The way the law reads, only individuals over 18 can be herd
share members and receive milk.
All animals providing milk for your herdshare must have a
negative test for both tuberculosis and brucellosis (date of testing or
scheduled date). These tests are usually done by a licensed vet each 12 month
period.
Have a vet or vet’s designee inspect your ground when there
for tuberculosis and brucellosis testing. You must have your testing for
tuberculosis and brucellosis 30 days before offering herdshares
Have your animals in the Federal Identification system.
Typically registered animals’ tattoos suffice for identification. But this
requires you to be part of APHIS. You will NOT need to tag goats if they are
registered and tattooed.
Report raw milk illness to authorities.
Have your milk tested before starting a share program at the
expense of the Department, NOT at your expense, and then once yearly. The
testing will be for coliform (should be less than 25), Standard Plate Count and
negative for E Coli 0157:h7, Listeria Monocytogenes, Salmonella Spp., and
Campylobacter Species.
You cannot mix raw milk from other farms with your milk to
provide to share members.
Equipment must be cleaned and sanitized before reuse. Food
Grade supplies only for cleaning and sanitizing.
Suggestions but not required by rules are:
You should have healthy animals in your milking herd and use
good biosecurity. You should use clean water to wash equipment. The other
should be potable. Milk should be cooled to 40 degrees within 2 hours of
milking. You should keep it at 45 degrees until distribution.
You cannot give the milk to anyone who isn’t the herd share
buyer. You can deliver the milk to the share member in West Virginia. The milk
cannot be given to food establishments, farmer’s markets or other locations
like this.
You cannot endorse the milk on the containers.
You are subject to a fine of not more than $100 if you do
not follow these rules.
WV Raw Milk Herdshares: West Virginia's Source for Raw Milk information, education and herd share information from the 7 year fight to legalize raw milk herdshares. A Connection and Education Page for Farmers and Share Buyers to learn from and share in
WVherdshares
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