Possible Positive news concerning the Emergency Herdshare rules in West Virginia that passed. . .

The proposed Emergency rules we had seen posted on WV Government's website (that link is now broken) and the DHHR's website (the link is still working as of now)  may not be what ended up passing on the 8th. 8/16/16 through a request to the Department of Agriculture, the State Veterinarian sent the rules below out via email. If these really are the final Emergency rules, then they would be effective for 15 months. 

IF THAT is true, it would mean your CALLS and Emails were extremely powerful.

These would be a very notable improvement over the original Emergency rules set forth a month ago that were made public. The original emergency rules rendered the herdshare law defunct, costing farmers so much. . .let us hope these new altered rules are the real ones. 

You have all fought so hard and for something of such value. Thank you for that. 

Let us keep up the fight. . .keeping pushing for real Food Freedom in West Virginia. There is a chance the other rules are what passed, and these modified rules are just a proposal that was emailed out erroneously. 

Regardless, we need to work on the Legislative rule making process that will take place at a later date gives FARMERS better rules in the future. 

WHAT the State Vet sent yesterday are as followed:

Title 61

Legislative Rule

Department of Agriculture

Series 36

Herd Sharing

§61-36-1.  General.

1.1    Scope. – This rule establishes guidelines for shared animal ownership agreements to consume raw milk.

1.2    Authority. – W. Va. Code §19-1-7

1.3     Filing Date. -

1.4    Effective Date. –

1.5    Sunset Date. – (Five years from effective date)

§61-36-2.  Definitions and Terms.

             2.1 “Adulterated” means the addition or inclusion of unclean, unwholesome, inferior, impure or foreign materials into food product; the production, distribution or sale of raw milk or raw milk products from a facility that does not possess a valid permit from the Department or is not registered with the Department as a Herd Share program or any raw milk producer or facility that fails to meet any of the requirements of these rules.

            2.2. “Animal health requirements” means the requirements for milk-producing animals established by the state veterinarian, in accordance with state and national standards.

            2.3. “Brucella” means a type of aerobic bacteria that causes brucellosis, also known as Malta fever, a disease that causes fever, weakness and bodily pain.  The bacterium is transmissible to humans through contact with infected dairy products or animals.

            2.4. “Campylobacter” means a rod-shaped bacterium that causes infections in cattle and humans.  Unpasteurized milk infected with campylobacter is a common cause of gastroenteritis.

            2.5.  “Code of federal regulations (CFR)” means the codification of the general and permanent rules and regulations published in the Federal Register by the executive departments and agencies of the federal government of the United States.

            2.6. “Commissioner” mean the Commissioner of Agriculture for the State of West Virginia or his or her duly authorized agent.

            2.7. “Department” means the Department of Agriculture of the State of West Virginia.

            2.7. “Distributor” means any person who sells, exposes for sale, offers for sale, exchanges, barters, gives, parcels out, allots, shares or dispenses raw milk under West Virginia Code §19-1-7.

            2.8.  “E.coli” (Eschericihia coli) means one of several types of bacteria that normally inhabit the testine of huns and animals.

            2.9.   “Herd Seller” means any person over the age of eighteen (18), who owns milk producing animals and enters into a Shared Animal Ownership Agreement with a Responsible Party to obtain a share or shares of the milk producing animal for the purpose of obtaining raw milk from the milk-producing animal for consumption.

2.10.   “Herd Share Owner” means any person who has purchased share(s) of a milk producing animal.

            2.11.   “Herd Health Plan” means a written document between the Herd Seller and their primary veterinarian showing how they will manage the milk-producing animals regarding housing, nutrition and medical care to ensure the animals are healthy and well cared for.      

            2.12. “Listeria” means a genus of small gram-positive flagellated rod-shaped bacteria that do not form spores, are aerobic or facultatively anaerobic,  have a tendency to grow in chains and that include one L. monocytogenes causing listeriosis.

           

2.13.  “Local health department” means the executive office of the local board of health or his or her duly authorized representatives.

           

2.14.  “Milk Producing Animal” means any animal that is capable of producing milk for human consumption.  These include but are not limited to cattle, buffalo, goat, sheep, camel, donkey, horse, reindeer and yak.

            2.15. “Official Sample” means any sample taken in accordance with the provision of this article.

            2.16.  “Person” means any individual, partnership, association, fiduciary, firm, company, corporation or any organized group of people whether incorporated or not.  The term person extends to the agents, servants, officers and employees of the person. 

            2.17.   “Potable Water” means free of coliform and fit for human consumption.

            2.18   “RAMP” (Risk Analysis and Management Program) means an individual farm’s written food safety plan that identifies potential risks, hazards, critical limits and corrective actions associated with that farm.

           

            2.19.   2.18.  “Responsible Party” means an individual that is legally able to exercise control over a decision or action and are therefore liable for the outcome.  All Responsible Parties who wish to enter into a legally binding contractual Shared Animal Ownership Agreement must be at least eighteen (18) years old.

            2.20.   2.19.  “Salmonella” means any of a genus Salmonella of usually motile enterobacteria that are pathogenic for humans and other warm-blooded animals that cause food poisoning, gastrointestinal inflammation, typhoid fever or septicemia.

            2.21.   2.20.  “Shared Animal Ownership Agreement” means a written agreement between a Herd Seller of a milk-producing animal and a Responsible Party in order to consume raw milk. 

            2.22.   2.21.  “State Veterinarian” means the state animal health official, employed by the Commissioner of Agriculture.

           

§61-36-3. Shared Animal Ownership Agreement.

             3.1. Each Herd Seller shall complete, sign and date a Shared Animal Ownership Agreement on a form distributed by the Commissioner with the following information:

                        3.1.a. Name, physical and mailing addresses and telephone numbers of the Herd Seller and Herd Share Owner and Responsible Party(ies);

                        3.1.b. The percentage ownership interest of each Herd Share Owner in a milk-producing animal;

                        3.1.c. Language evidencing the agreement of each Herd Share Owner to pay the Herd Seller for the percentage ownership interest for the care and boarding of the milk-producing animal;

                        3.1.d. An acknowledgement by all parties of the inherent dangers of consuming raw milk that may contain bacteria, such as Brucella, Campylobacter, Listeria, Salmonella and E. coli, that has not been pasteurized to remove bacteria and that is particularly dangerous to children, pregnant women and those with compromised immunity;

                        3.1.e. An acknowledgement by the Herd Share Owner agreeing to release the Herd Seller of liability for the inherent dangers of consuming raw milk. This release of liability does not release the Herd Seller for deliberate or negligent acts unrelated to consuming raw milk; and

                        3.1.f. An acknowledgement that no party to the Shared Animal Ownership Agreement may distribute raw milk, even if no financial gain is realized.  Raw milk cannot be given away.  Sale or resale or the offer of sale of raw milk obtained from a share is strictly prohibited. 

            3.2. The signed and executed Shared Animal Ownership Agreement shall be filed by the Herd Seller with the Commissioner of Agriculture.  The Commissioner of Agriculture will provide written acknowledgement of the receipt of the Shared Animal Ownership Agreement to the Herd Seller within fifteen (15) business days.  Herd Sellers must still comply with the Animal Health Report Requirements including having both a Herd Health Plan and a RAMP in place before raw milk can be distributed to any Herd Share Owners or other Responsible Party(ies).

            3.3. The Commissioner of Agriculture will maintain all records submitted by Herd Sellers, including the RAMP, testing results and Shared Animal Ownership Agreements as public records.

§61-36-4. Animal Health Reporting

            4.1. The Herd Seller shall meet the animal health requirements for milk-producing animals established by the State Veterinarian in accordance with state and national standards including the following:

                        4.1.a. Raw milk from milk-producing animals intended for human consumption shall be from a herd that tested negative within the previous twelve (12) months for brucellosis, tuberculosis and other diseases as required by the State Veterinarian;

                        4.1.b. Shall submit a Herd Health Plan to the State Veterinarian.  The Herd Health Plan shall include expected testing dates for tuberculosis and brucellosis and rabies vaccination information; 

                       

                        4.1.c. Shall have an initial inspection from the State Veterinarian, or his/her designee; or a licensed and accredited veterinarian; and

                        4.1.d. Shall provide a copy of the ownership agreement to the State Veterinarian or his/her designee;

                        4.1.e.  Shall produce and provide a copy of the Risk Analysis and Management Program (RAMP) to the State Veterinarian.  The RAMP shall be the Herd Seller’s documentation of risks associated with their individual herd share unit and a plan to minimize risk.  The information contained within each RAMP shall include, but not be limited to, the following:  

4.1.e.1. Introduction of animals to the milk sharing herd, or other animals which may come into contact or close proximity thereto;

4.1.e.2. Testing and care protocols for existing animals;

4.1.e.3. Sanitary conditions including cleaning protocols and documentation of cleaning procedures;

4.1.e.4. Animal husbandry practices;

4.1.e.5. Environmental concerns;

4.1.e.6. Training of milking team, milk handling protocols, milking protocols, milk temperatures, milk management and storage, protection and storage of milk after milking is complete and milk distribution protocols;

4.1.e.7. Maintenance and administration of microbial and other required tests; and

4.1.e.8. 4.1.c.1.  Any other info required by the State Veterinarian.

4.1.f.   4.1.d.   Shall have negative test results for milk-producing animal(s) tested thirty (30) days prior to entering the herd sharing program;

                        4.1.g. Shall provide potable water test results to the State Veterinarian;

                        4.1.h.   4.1.e.  Shall apply for and m  Maintain official identification of all animals involved in the herd share program; and as required in Parts 77 & 78, Title 9, CFR

                        4.1.j. Shall vaccinate herd share animals yearly against the rabies virus.

            4.2. Any Party to a Shared Animal Ownership Agreement or any physician who becomes aware of an illness directly related to consuming raw milk shall report the illness to the Local Health Department and the Commissioner of Agriculture.

            4.3. Upon notification of an illness directly related to consuming raw milk, the Commissioner or his/her designee shall contact and warn other parties consuming raw milk from the same Herd Seller, in addition to other reporting requirements.

                       

§61-36-5. Raw Milk Dairy Industry Standards

            5.1. The Herd Seller shall be responsible for any costs related to testing the raw milk associated with the Shared Animal Ownership Agreement milk-producing animal. 

5.2.  5.1.  Testing of raw milk shall will be completed at a by the Department laboratory approved by the Department.  initially and yearly, at no expense to the Herd Seller.  All results shall be reported by the laboratory to the Department within thirty (30) days.

            5.1.a.  Additional testing of raw milk conducted by the Department, or a Department approved laboratory shall be the responsibility of the Herd Seller.

            5.3.  5.2.  The Herd Seller shall have raw milk tested once a month initially and yearly for the following:

                        5.3.a.  5.2.a.  Coliform testing is based on a rolling three-month average and should be less than 10 25 coliforms per ml raw milk;

           

5.3.b. 5.2.b.  Standard Plate Count (SPC) testing target is and should be less than 30,000 per ml raw milk and/or 750,000 Somatic Cell Count (SCC) per ml raw milk; and

5.3.c.  5.2.c.  Test negative for E. Coli 0157:H7, Listeria Monocytogenes, Salmonella Spp., and Campylobacter Species.

5.3.  The Herd Seller shall have a potable water supply for the milk producing animal that is tested once every three (3) months.  The Herd Share seller shall furnish a copy of potable water tests to the State Veterinarian.

5.5.   5.3.  Commingling of raw milk from other dairies is not permitted.

5.6.   5.4.  The milking team should be healthy and use good biosecurity techniques, such as wearing mask if ill and wearing disposable gloves at all times.

5.7.   5.5.  Potable water shall should be used to clean raw milk handling equipment. All equipment used for milking must be cleaned and sanitized between milking to decrease bacterial contamination.  Only food grade cleaners and sanitizers shall be used in the cleaning and sanitizing of raw milk equipment and containers.

5.8.   5.6.  Protection and security of raw milk after milking is complete is accomplished by using only clean and sanitized containers for milk storage, handling and distribution of raw milk.

                       

5.9.   A written recall and critical incident management plan shall be documented and ready for use in the case of an outbreak.

5.10.   5.7.Milk must should be cooled to forty (40) degrees Fahrenheit within two (2) hours of completing milking to inhibit bacterial growth.  Thereafter, the Herd Seller must  should maintain raw milk at forty five (45) degrees Fahrenheit or lower, until distribution.  A Herd Seller must record and maintain raw milk temperature logs for two (2) years and allow the State Veterinarian access to all records, upon written request.

            5.11.   The Herd Seller shall share all test results and temperature logs with the Herd Share Owners and Responsible Party(ies) if so requested.

           

            5.12.   Herd Sellers shall maintain a RAMP as outlined in section 4.1.e herein.

           

5.13.   All documents relating to raw milk shall be made available to the Commissioner or his/her designee.

            5.14.   Whenever three (3) of the last five (5) consecutive bacteria, coliform or somatic cell tests exceed any of the raw milk quality standards listed in this rule, the Herd Seller shall be notified in writing, by the issuance of a cease and desist order signed by the Commissioner, that no raw milk shall be offered for human consumption until such time as subsequent official samples are found to meet the standards set forth in these rules and the Commissioner lifts the cease and desist order.

            5.15.  Whenever a Herd Seller fails to comply with the reporting requirements or other terms and conditions contained in this rule, they are subject to a written cease and desist order, signed by the Commissioner, and no raw milk shall be offered for human consumption until such time as reporting requirements or other terms and conditions are met and the Department determines three (3) officials samples in three (3) consecutive months are found to comply with each condition and standard set forth in this rule and the Commissioner lifts the cease and desist order. 

           

§61-36-6. Prohibited Acts.

            6.1. Distribution of raw milk, in any quantity, by the Herd Seller to anyone other than Responsible Parties who have signed a Shared Animal Ownership Agreement with the Herd Seller is prohibited.  This includes selling, reselling, donating or giving away raw milk.

                       

6.1.a. In accordance with the provisions of Part 21, Title 1240, CFR (Code of Federal Regulations) No person shall deliver, sell or otherwise distribute any milk or milk product in final package form for direct human consumption unless the product has been pasteurized or is made from dairy ingredients (milk or milk products) that have all been pasteurized, except where alternative procedures to pasteurization are provided for curing of certain cheese varieties.

6.1.b.  Deliveries of raw milk from the Herd Seller to the Share Owner shall take place within West Virginia.

            6.2. Distribution of raw milk, by Responsible Parties, obtained under a Shared Animal Ownership Agreement to anyone, in any quantity whatsoever, is prohibited.  This includes selling, reselling, advertising for sale, donating or giving away raw milk.

            6.3. Raw milk shall not be offered for sale or distributed to any restaurant, food establishment, grocery store or farmers’ market by anyone whosoever.

            6.4. Distribution of any adulterated raw milk for human consumption is prohibited.

            6.5. The use of any misleading marks, words or endorsements on the label of a container of raw milk is prohibited.  Registered trade designs or similar terms on the bottle cap or label may be used if the Department determines that the designs or terms are not misleading. Any misleading labeling on the final container will cause the product to be considered misbranded.

§61-36-7. Hearings, Appeals and Penalty

            7.1. Adulterated raw milk may be impounded and disposed of by the Department if the Department learns of, discovers or is made aware of adulterated raw milk distribution. The Herd Seller, or animal owner if not a Herd Seller, shall be issued a written cease and desist order, signed by the Commissioner, and no raw milk shall be offered for human consumption until such time as subsequent official samples are found to comply with each condition and standard set forth in this rule and the Commissioner lifts the cease and desist order. 

7.2. The Commissioner of Agriculture may impose an administrative penalty not to exceed $100.00 for a person who violates the provisions of this rule.  Any penalty imposed under this subsection may be contested by the person against whom it is imposed pursuant to article five, chapter twenty-nine-a of the Code of the State of West Virginia and is afforded all relief available thereunder.

           

7.3. Any person aggrieved by any action taken under this article shall be afforded the opportunity for a hearing before the Commissioner pursuant to article five, chapter twenty-nine-a of the Code of the State of West Virginia and any other relief available thereunder.      

The back door destruction of Raw Milk Herdshares in West Virginia

The Raw Milk Story of West Virginia is a itty bitty example of why our system in America is destroyed.

We are a people who, by and large, believe the system is looking out for our best interests, that corruption is not really "that" deep.

But it is so deep.

In May, the Herdshare law went into effect.

This came after quite a few years of people from all walks of life demanding the right to . . .get this.  .  .
Share the ownership of dairy animals.

We settled there. We were being realistic. 

Let me back up to say, We are people in a state carrying the motto, "Montani Semper Liberi" or mountaineers are always free. . .

A Lofty phrase for a state who really doesn't intend to see the statement in action. For any reason.

We were a people fighting to simply buy a whole food uncooked from people we know, and we settled for a law saying we could share the ownership of a cow. That is what it was, after all. . .settling. Accepting a lot of authority over us. . .still.

We knew asking for more was a lost cause. But somehow, maybe. . ."Uncle Sam, Earl and the Department of AG" would "let" these free people share ownership of a cow. . .if we asked nicely and assured them we would be safe. We wouldn't do anything they didn't expressly allow.

The Herdshare bill passed by a land slide in the House and by a solid margin in the Senate in 2016.

Finally, right?

They had not one call the day the WV Governor signed it, by his secretary's own words, against it, and she admitted there was an out pouring of support.

That is freedom, right? That is your representation in action doing what they are supposed to do. . .voting how the people they represent wish.

Oh, but no. 

It isn't that simple. The legislative process and the making of laws through elected officials based on the will of the people they represent is a farce.

SMOKE and mirrors. 

Rule Making and Departments of people "VOTERS" do not elect are simply one of many ways Freedom and the Law are torn into shreds each day.

I'll go on and cut to the chase: Lengthy and extremely restrictive Emergency Rules were filed by the Department of Agriculture in West Virginia in late June (the 27th) that essentially rendered the herdshare law useless. As they intended.

These uppity citizens had gotten away with too much liberty with this co owning cows stuff!

The rules were entirely outside the language of the law. But what did that matter?

While the people rallied, and we were extremely united in our written protest during the public commenting period, it was ignored. The Secretary of State, Natalie Tennant had 42 days to decide whether these rules constituted an Emergency. I've had it verified (the Administrative Law Division within the SOS) that August 8th was the 42nd day. They did not even bother to meet on the matter, and so the rules automatically go into effect for 15 months. Automatically.

While the rules do not supersede the ability of Legislators on Rule Making Committee (folks we elect) to create final rules, now that these emergency rules are applied, they are in place for 15 months unless the legislators would happen to meet and create "workable" rules in the fall which reject all of the emergency rules (unlikely) and the New Governor signs them fast, thus completing legislative action on the law. I've known laws to go years without rules being created.

I will add that public outcry did make a BIG IMPACT. The final emergency rules were not nearly as horrifying as the initial rules from the Department of Ag, but they are far cry from truly workable, and considering they are rules to tell you what you need to do for milk given to co-owners of a herd of dairy animals, It is all really beyond belief. The new rules that stand as of now are FOUND HERE. Some one might be able to creep along with some type of herd share in operation, but most will not be able to do so now.

Food Freedom has still skipped over West Virginia, while, as usual, every single state around us has moved on with something far closer to "freedom" than we have here.

What can you do? I don't think silence and acceptance are answers. Even if outrage and outcries do nothing, being quiet is NOT the right action, so:

Tell Natalie E. Tennant what you think about her actions. And come November, vote for anyone else. I do not care who the other party is.  .  . Smurfs, Santa, Mickey Mouse.

Tell the Department of Agriculture the same: whelmick@wvda.us; cferro@wvda.us

And remember to vote for ANYONE besides Helmick come November! Demand Ferro be replaced immediately.

Let the chair-people for Rule Making in the House and Senate know you still want simple rules for sharing livestock created first thing when they are in session:

Mark.Maynard@wvsenate.gov; kelli.sobonya@wvhouse.gov

Emergency Rules: They will destroy the Herdshare bill in West Virginia if you do not act now

We need your emails (you can use this link for a copy and paste email to make it quick, if you like or scroll to the very bottom for another email option), and we need you to ask all raw milk and freedom supporters you know to email, as well.

Lengthy and extremely restrictive Emergency Rules were filed by the Department of Agriculture in West Virginia in late June (the 27th)
These rules make it clear West Virginia's Department of Agriculture has too little desire to support smaller farmers or food freedom. West Virginia needs to support her small farmers, and we need to respect freedom.

The public has until July 26 to submit comments to the Department of Agriculture on these proposed emergency rules.

These emergency rules render the herdshare law useless and defunct. 

Keep in mind, herdshares have been operating for several months now without any of these rules, and no one has been made sick. Additionally, raw milk was being consumed across this state through sales, shares and over state line purchases year after year without notable outbreaks and without ANY regulation at all.

These rules are far outside the rulemaking abilities given to the Department of Agriculture under the law. They would render the investments share farmers have made null and void, costing each small farmer in operation or ready to be thousands of dollars on investments in palor improvements, milking equipment, livestock purchases and testing. It will cost the co-owners the milk from the herd they have already bought into, as well.

It is worth noting that the Herdshare law in WV  recognizes herdshares as Co-ownership of livestock. While the law makes it clear Sales are illegal of Raw milk and that herdshares are, by letter of the law, only co-ownership arrangements, the Department of Agriculture wishes to attempt to regulate these share agreements like operating dairy farms while giving these herdshare farmers none of the benefits dairy farmers receive. 

It is outrageous we are expected to be held to standards of a public raw milk sales facility to provide milk to co-owners of our animals.

Raw milk sales are expressly exempt under the law. How can they then attempt to set forth rules which are more extensive than the laws governing any raw milk dairies operating in the United States who are actually able to offer raw milk for sale to the public?

The herdshare law clearly states: "(f) The Commissioner of Agriculture, in consultation with the Department of Health and Human Resources, may propose rules for promulgation in accordance with the provisions of article three, chapter twenty-nine-a of this code in compliance with raw milk dairy industry standards." ------ These rules are not in compliance in any manner with the law as it is written. 

These rules are not only far more restrictive than what a raw milk dairy selling milk to the public would be subject to, the law language concerns herdshares and expressly prevents raw milk sales of any kind. So these rules would have to be in accordance with raw milk Herdshare dairy industry standards. The current law already imposes far heavier regulation than any other state in the nation on herdshares. Testing, inspections and fees of any kind are not found in any of national raw milk herdshare law. Not only are they a tremendous overreach, they also suggest greatly inflated costs compared to what raw milk dairies pay nationally. The testing costs mentioned in these rules is purposely inflated to destroy the raw milk share farmer from having a chance at operating a share program.

West Virginia, with the language we passed, established the most restrictive herdshare law in the United States. How much more can farmers take and still operate a share program? Well, the answer is . . .nothing more. These rules must be entirely destroyed.

So, we must rejected all of these emergency rules concerning:

• Animal Reporting
• Temperature Regulations
• Risk Analysis / RAMP
• Milk Testing
• and all other aspects of these rules

Should these rules stand, they effectively robs the farmers who have already invested in farm upgrades, equipment and extensive herd testing of their entire investments, and it robs the co-owners of their shares. No small farmer offering co-ownership can operate under these extreme guidelines when they are not actually selling milk to the public and only offer a percentage of their herd for sale. 

This file here is an exhaustive list of laws pertaining to raw milk to prove how extreme the current emergency rules are, but remember, we cannot compare raw milk public dairy laws to herdshare laws, it is comparing apples to oranges. Herdshares in all other states with laws governing them in the United States are virtually unregulated, meaning no more rules can be applied to our law without going outside herdshare industry standards, and that would be against the law, to most anyone's understanding.

https://www.dropbox.com/s/bcgf9j9m77avx34/spreadsheet%20state%20regs.xlsx?dl=0

Feel free to use any or all of this blog in your email or write your own. Please send emails repeatedly to the following email addresses until July 26th (not just once, please):

jodeemartin@wvda.us; whelmick@wvda.us; cferro@wvda.us

Please send your email at least once to these Legislative Rules Chair-people 
(Both are raw milk supporters at the legislative level)

Mark.Maynard@wvsenate.gov; kelli.sobonya@wvhouse.gov

This is a suggested email to send

jodeemartin@wvda.us; whelmick@wvda.us; cferro@wvda.us:

To West Virginia Department of Agriculture:

Whereas -

1. The public of WV has spoken and is in strong support of legislation that allows citizens of WV to choose if they want to consume raw milk.

2. The esteemed men and women of the WV legislature have worked long and hard to incorporate all objections and crafted a law that gives the citizens of WV this choice.

3. There is a lot of hype about the supposed dangers of raw milk, but no actual statistics to validate all of the concerns.

4. Raw milk has been consumed in WV for years, as citizens have brought it in from other states.

5. Neither in the timeframe that imported raw milk was consumed nor in the timeframe since herd shares have been allowed has there been an epidemic of sickness related to raw milk.

6. There has been no relationship established between the consumption of raw milk and any long term health issues.

7. On the other hand, there is a clear relationship between the use of tobacco and long term health issues, yet WV citizens are allowed to choose if they will use tobacco.

And Whereas –

1. The herd share program as designed by the West Virginia Legislature deals with fractional ownership of livestock, and thus rules related to record keeping, reporting and testing are outside the scope of the law.

And Whereas –

1. In Good faith, numerous hardworking farmers have invested heavily in order to comply with the herdshare law are now strangled by regulations.

Be it therefore Resolved that -

1. The proposed emergency rules suggested by WVDA should be discarded.

2. New Rules should be suggested that capture the spirit of the law as passed.

3. WVDA should recognize that they are the servants of the people of WV.

The "Temporarily" Defunct Herdshare Bill of West Virginia: Dirty Politics at Play

It is no secret that politics are dirty here. We've made national news for it numerous times, but the truth is, politics aren't for the people and are always crooked.

Even when it comes to milk.

Milk, people.

It is absurd we needed a law to allow us to co-own dairy animals. It is sad we believe ourselves in a free state or country when you cannot buy your food uncooked if you wish.

It is sad 7 years of work went into the West Virginia Raw Milk Herdshare bill only to see The West Virginia Department of Agriculture ( with the help of the West Virginia Department of Health and Human Resources), Chris Ferro ( the Chief of Staff with the Dept of AG) and Walt Helmick destroy one small step toward freedom in food here (but herdshares aren't really freedom, they are just a way to inch toward REAL access to buy and sell real foods in whatever fashion an American citizen would prefer).

The West Virginia statutes on emergency rules are found in sections 29A-3-15, 29A-3-15a, and 29A-3-15b.

One saving grace is the law is written in a manner that the DHHR cannot directly impose rules, and the Department of AG can put forth rules, but they can be rejected, which is something I fought so hard for, and many of you stressed in your calls and emails, too. Had we not have done this and ended up with the law written as it is, there would be NO CHANCE of saving this law.

As it stands, the Emergency rules put toward by the Department of Ag (submitted by Ferro), are said to be enacted until the Legislature meets for Rule Making. The soonest this will happen is supposed to be September.

There are some questions as to whether the rules expire if the Attorney General or Secretary of States do not sign off on them in 30 days (I've not heard if they have signed, yet, or not, and then Farm to Consumer Legal Defense Fund's Pete Kennedy explained to me the WV Law says there had to be a public hearing before these went into action. I have found out the pubic comment period is open, and you MUST email immediately to express you feelings on this matter:

61 CSR 36, Herd Sharing Rule, is currently out for public comment.
Email Jodee Martin at jodeemartin@wvda.us
Your email will, in theory (not that the Department of AG is likely really going to honestly care), be attached to the agency approved rule that comes before the LRMR Committee.
Email now, though, as time is limited.
Cite that the compiled data of raw milk laws nationally do not have any regulations near the scope of what these rules entail, cite the point of these rules is to put a hardship on raw milk herdshare providers / farmers and to prevent shares from operating, cites the costs you have having opened a share or have invested in a share so far that will now be lost if these stand, cite the law states the rules must fall in line with other raw milk share laws, and there are no testing or inspections in any state nationally that have herdshare laws in effect. These rules fall far outside the confines of what the law allows and would be illegal under the herdshare law.

The Emergency rules make the herdshare bill defunct. The scope of the rules go far, far beyond on national raw milk standards even for raw milk dairies (which herdshare farms are not held to these standards at all in any state). The costs are inflated many, many times over. The rules make the herdshare bill null and void. If they are not entirely overturned in Legislative rule making, the law is meaningless.

Email every single person on Rules now and let them know you strongly oppose every aspect of the emergency rules set forth for the herdshare law. Email them monthly, and tell them you need them to make sure these rules are established in the fall when they meet. If you had started a herdshare or bought into a herdshare, explain how this horrible emergency set of rules effects you in an ecnomic manner and how your health, if you're a consumer, is effected:

http://www.legis.state.wv.us/committees/interims/committee.cfm?abb=RMR

When you vote in November, BE SURE to VOTE Walt Helmick out. He isn't for the small farmer or freedom. He needs out.

This file was sent to me by Pete Kennedy today from Farm-to-Consumer Legal Defense Fund, and it shows the laws pertaining to raw milk nationally to show how off track the current emergency rules are and how they cannot fit within the confines of the current herdshare law in WV.


https://www.dropbox.com/s/bcgf9j9m77avx34/spreadsheet%20state%20regs.xlsx?dl=0

West Virginia Herdshares in Danger

Attn:

Given the terrible flooding in the state and the damage, this is a poor time to make this announcement, but it must be made.

The  Department of Ag (Chris Ferro) has filed emergency rules for the Herdshare law which will render the law entirely useless.

http://apps.sos.wv.gov/adlaw/csr/readfile.aspx?DocId=27626&Format=PDF

You can read the EXTENSIVE list above. Read this, get angry and act fast or we've wasted years of our time, and many of you already in operation will be forced to stop your share program already.

Keep in mind, the Dept of Ag "MAY" propose rules through the Department of Ag. Rule Making at the legislature can reject every rule set for in this document when they make final rules.

I am still trying to determine if these rules can be rejected or if they are now in effect until final rule making. I will let you all know when I am certain.

Keep in mind, when you read the above rules, they are OUTSIDE what the law allows, in my opinion. The law says,
"The Commissioner of Agriculture, in consultation with the Department of Health and Human Resources, may propose rules for promulgation in accordance with the provisions of article three, chapter twenty-nine-a of this code in compliance with raw milk dairy industry standards."

What these rules suggest are outside the Herdshare industry standards, and while the language says "Raw Milk Dairy" standards, since these are not sales, the industry in question MUST be the herdshare industry, and no such rules exist like are being set forth in the USA anywhere.

From my source:
"These are the emergency rules that people will be under until the legislative rules are adopted and approved by legislature."

Email every single person on Rules now:
http://www.legis.state.wv.us/committees/interims/committee.cfm?abb=RMR

Tell them you strongly oppose these emergency rules.  Tell them you know they will make the law defunct. Explain they are, you believe, outside the parameters of the what the law allows.