The North Carolina Department of Agriculture and Consumer Services (NCDA), the North Carolina Farm Bureau and the state’s dairy industry are working to repeal a four-month-old law legalizing herdshare agreements. It is not known whether they have been able to find a legislator willing to sponsor such a freedom-robbing bill. (See Wise Traditions Winter 2019 issue, “North Carolina – Herd Share Ban Lifted” for background.)

A herdshare agreement is a private contractual arrangement in which someone purchases an ownership interest in a dairy animal (or herd of dairy animals) and pays a fee to a farmer for boarding, caring for and milking the animals. The 2018 North Carolina Farm Bill contained a provision stating, “nothing. . . shall prohibit the dispensing of raw milk or raw milk products for personal use or consumption to, or the acquisition of raw milk or raw milk products for personal use or consumption by an independent or partial owner of a cow, goat, or other lactating animal.”¹
NCDA Commissioner Steve Troxler isn’t waiting for a change in the law to begin restricting herdshares. The department has issued a directive prohibiting dairies from delivering raw milk to shareowners at state-run farmers markets. There is nothing in the herdshare law, or any other law, that gives NCDA this authority.

The dairy industry’s push to repeal the herdshare law is coming at a time when many of the state’s Grade A dairy farms are either going out of business or barely hanging on. The distribution of raw milk through herdshare agreements can help save some of these dairies; the state’s dairy farms need all the help they can get. Between April 2017 and April 2018, North Carolina lost a staggering 24 percent of its Grade A dairies, dropping from one hundred ninety-two to one hundred forty-six. For the past four years, conventional dairies have been receiving a price for their milk that is well below the cost of production—a trend that shows no signs of going away.

The strategy for those trying to repeal the herdshare law will be to play the fear card trying to convince legislators that raw milk is a major health threat, especially to children. When the recent deadly foodborne illness outbreaks involving foods such as romaine lettuce, ice cream and cantaloupe are taken into consideration, there is a double standard in banning raw milk sales for human consumption in North Carolina (raw milk sales are legal for pet consumption). In spite of the efforts of CDC and FDA to make it seem otherwise, there have been no deaths legitimately attributed to raw milk consumption since the current CDC foodborne illness database was established in 1998. According to a recent study, the number of illnesses attributed to raw milk consumption in the U.S. has actually gone down as demand and consumption have increased.² Reports are that herdshare farmers that ask the state-run labs to test raw milk to help assure safety have been turned down.

The dairy industry leaders might also play the fear card with the state’s Grade A dairies, warning them that one outbreak blamed on raw milk could damage the conventional industry. The evidence shows otherwise—that the price of pasteurized milk and the demand for it aren’t affected by a foodborne illness outbreak blamed on raw milk consumption. If the Farm Bureau, the dairy industry and NCDA are successful in repealing herdshares, at least some of the Grade A dairies will be without a potential lifeline that could keep their operations going in the face of
the low prices they are receiving for their milk intended for pasteurization. Raw milk produced for pasteurization and raw milk produced for direct consumption are mostly not in competition; if North Carolina raw milk consumers can’t get raw milk in the state, most will not drink pasteurized milk but will look outside the state for raw milk sources.

The Grade A dairies and many other farms can benefit from the herdshare law; raw milk is often the draw that leads to sales of other farm products such as meat, poultry, eggs and produce. The herdshare law can help the small farm sector in the state, enabling the start-up of micro-dairies. Michele Presnell, the state representative for the 118th District, noted that sixty years ago there were around fifty Grade A dairies and one hundred fifty other dairies in her home county of Yancey and today she knows of none. Reviving the dairy sector through herdshares
can keep more of the food dollar in the community. The herdshare law can make raw milk the centerpiece of a small diversified farm. In neighboring Tennessee, where herdshare agreements have been legal for about ten years, shareholder dairies have thrived; it is estimated that there are around three hundred herdshare programs operating in Tennessee.

If the effort to repeal the herdshare law is successful, the 2004 law expressly banning herdshares goes back on the books, and the state will continue to lose business to South Carolina where the sale of raw milk is legal. Over the years, this ban has resulted in millions of dollars of lost revenue for the state of North Carolina. There never should have been a herdshare ban in the first place; to say that someone with an ownership interest in a dairy animal can’t get milk from the animal unless it is boarded on the owner’s premises is a basic denial of property rights. For those who believe in property rights, freedom of food choice and the right of dairy farmers to make a living, keeping the
herdshare law intact is a fight worth taking on.

1. North Carolina General Assembly, Session Law 2018-113 (Senate Bill 711), Section 15.2, June 27, 2018. Retrieved October 9, 2018 from
   https://ncleg.net/Sessions/2017/Bills/Senate/HTML/S711v8.html.
2. Whitehead J, Lake B. Recent trends in unpasteurized fluid milk outbreaks, legalization, and consumption in the United States. PLOS Currents Outbreaks. 2018 Sep 13. Edition 1.
   http://currents.plos.org/outbreaks/index.html%3Fp=76143.html .

Those who have not joined the Farm-to-Consumer Legal Defense Fund are encouraged to do so. Membership applications are available online at farmtoconsumer.org or by calling (703) 208-FARM (3276); the mailing address is 8116 Arlington Blvd, Suite 263, Falls Church, VA 22042.

This article was first published in the Spring 2019 editions of Wise Traditions in Food, Farming, and the Healing Arts, the quarterly journal of the Weston A. Price Foundation.

The post North Carolina: Herdshares Under Attack appeared first on Real Milk.

A herdshare agreement is a private contractual arrangement in which someone purchases an ownership interest in a dairy animal (or herd of dairy animal) and pays a fee to a farmer for boarding, caring for and milking the animals. The 2018 North Carolina Farm Bill contained a provision stating, nothing . . . shall prohibit the dispensing of raw milk or raw milk products for personal use or consumption to, or the acquisition of raw milk or raw milk products for personal use or consumption by, an independent or partial owner of a cow, goat, or other lactating animal.”¹

NCDA Commissioner Steve Troxler isn’t waiting for a change in the law to begin restricting herdshares. The department has issued a directive prohibiting dairies from selling shares in dairy animals at state-run farmers markets. There is nothing in the herdshare law, or any other law, that gives it this authority.

The dairy industry’s push to repeal the herdshare law is coming at a time when many of the state’s Grade A dairy farms are either going out of business or barely hanging on. The distribution of raw milk through herdshare agreements can help save some of these dairies; the state’s dairy farms need all the help they can get. Between April 2017 to April 2018 North Carolina lost a staggering 24% of its Grade A dairies, dropping from 192 to 146. For the past four years, conventional dairies have been receiving a price for their milk that is well below the cost of production–a trend that shows no signs of going away.

The strategy for those trying to repeal the herdshare law will be to play the fear card trying to convince legislators that raw milk is major health threat, especially to children. When the recent deadly foodborne illness outbreaks involving foods such as romaine lettuce, ice cream, and cantaloupe are taken into consideration, there is a double standard in banning raw milk sales for human consumption in North Carolina (raw milk sales are legal for pet consumption). In spite of the efforts of CDC and FDA to make it seem otherwise, there have been no deaths legitimately attributed to raw milk consumption since the current CDC foodborne illness database started up in 1998. According to a recent study, the number of illnesses attributed to raw milk consumption in the U.S. has actually gone down as demand and consumption have increased.² Reports are that herdshare farmers asking the state-run labs to test raw milk to help assure safety have been turned down.

The dairy industry leaders might also play the fear card with the state’s Grade A dairies, warning them that one outbreak blamed on raw milk could damage the conventional industry. The evidence shows otherwise–that the price of pasteurized milk and the demand for it aren’t affected by a foodborne illness outbreak blamed on raw milk consumption. If Farm Bureau, the dairy industry, and NCDA are successful in repealing herdshares, at least some of the Grade A dairies will be without a potential lifeline that could keep their operations going in the face of the low prices they are receiving for their milk intended for pasteurization. Raw milk produced for pasteurization and raw milk produced for direct consumption are mostly not in competition; if North Carolina raw milk consumers can’t get raw milk in the state, most will not drink pasteurized milk but will look outside the state for raw milk sources.

The Grade A dairies and many other farms can benefit from the herdshare law; raw milk is often the draw that leads to sales of other farm products such as meat, poultry, eggs and produce. The herdshare law can help the small farm sector in the state, enabling the start-up of micro-dairies. Michele Presnell, the state representative for the 118 District, noted that 60 years ago there were around 50 Grade A dairies and 150 other dairies in her home county of Yancy and today she knows of none. Reviving the dairy sector through herdshares can keep more of the food dollar in the community.

The herdshare law can make raw milk the centerpiece of a small diversified farm. In neighboring Tennessee where herdshare agreements have been legal for about 10 years, shareholder dairies have thrived; it is estimated that there are around 300 herdshare programs operating in Tennessee.

If the effort to repeal the herdshare law is successful, the 2004 law expressly banning herdshares goes back on the books, and the state will continue to lose business to South Carolina where the sale of raw milk is legal. Over the years this ban has resulted in millions of dollars of lost revenue.

There never should have been a herdshare ban in the first place; to say that someone with an ownership interest in a dairy animal can’t get milk from the animal unless it is boarded on the owner’s premises is a basic denial of property rights. For those who believe in property rights, freedom of food choice, and the right of dairy farmers to make a living keeping the herdshare law intact is a fight worth taking on.

See the February 12th action alert posted at www.westonaprice.org

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[1] North Carolina General Assembly, Session Law 2018-113 (Senate Bill 711), Section 15.2, June 27, 2018. Retrieved October 9, 2018 from https://www.ncleg.net/Sessions/2017/Bills/Senate/HTML/S711v8.html

[2] Whitehead J, Lake B. Recent Trends in Unpasteurized Fluid Milk Outbreaks, Legalization, and Consumption in the United States. PLOS Currents Outbreaks. 2018 Sep 13. Edition 1. doi: 10.1371/currents.outbreaks.bae5a0fd685616839c9cf857792730d1

The post North Carolina Herdshares Under Attack appeared first on Real Milk.

Session Law 2018-113, also known as the North Carolina Farm Act of 2018, contains a clause stating, “nothing…shall prohibit the dispensing of raw milk or raw milk products for personal use or consumption to, or the acquisition of raw milk or raw milk products for personal use or consumption by, an independent or partial owner of a cow, goat, or other lactating animal.”¹

The new herd share law marks the continued move away from earlier attempts to ban raw milk distribution in the state. The sale of raw milk for human consumption has long been illegal in North Carolina. In 2004 an official from the state Department of Environment and Natural Resources was able to successfully engineer a stealth bill banning herd shares through to passage in the final hours of the legislative session. Sales of raw pet milk were still legal at the time but the state Department of Agriculture attempted, in 2008, through rulemaking to require all pet milk to be denatured before sale. Opponents led by then Weston A. Price Foundation (WAPF) chapter leader, Ruth Ann Foster, were not only successful in defeating the proposed rule but were able to pass a bill in 2009 that legalized the unlicensed sale of raw pet milk.

North Carolina is the second state to pass raw milk legislation this year; in March, Utah enacted a law allowing the delivery of raw milk by licensed producers and the on-farm sales by unlicensed producers on a limited basis. With the crisis the conventional dairy industry is going through, there will be more opportunity to increase raw milk access around the country; raw milk is a way to survive or escape the commodity system that is throwing so many dairy farmers out of business.

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[1] North Carolina General Assembly, Session Law 2018-113 (Senate Bill 711), Section 15.2, June 27, 2018. Retrieved October 9, 2018 from https://www.ncleg.net/Sessions/2017/Bills/Senate/HTML/S711v8.html

The post North Carolina Lifts Herdshare Ban appeared first on Real Milk.

In January 2006, rumors began spreading that the North Carolina Department of Agriculture (NCDA) had plans to require dye in all raw milk sold for animal consumption. Commonly referred to as pet milk, it is presently the only legal means to purchase raw milk in North Carolina. Cow shares had been legal until 2004, when a law that banned them was surreptitiously slid into place at the end of the legislative session. While the dye rumor lurked, we began working with state legislators to reverse the cow share ban. Legislators were equally unaware of the NCDA’s ability to enact a “law” without due process. After countless Internet searches, I stumbled upon the web site of the North Carolina Office of Administrative Hearing (NCOAH) where I learned about the rule making process.

Each state has an Administrative Procedures Act, which grants state agencies like the NCDA, the authority to make rules. Completing the rule making process, rules become “law,” often without public knowledge. In North Carolina, ten letters of objection to a rule sent to the NCOAH during the process, will delay the rule and force it to the state legislature for review at their next session. A legislator must then introduce a bill to reverse the rule, which is known as a disapproval bill, or the rule will become effective at the end of session.

The first step to defeat this rule was to get our letters of objection to the Rule Review Commission at the NCOAH. The RRC staff and attorneys were a valuable source of information and helped guide us through the process. We learned that the Commission would review the rule to determine that NCDA had the authority to create the rule and followed the established guidelines. If these criteria were met, the Commission would vote to adopt the rule. Although the Commission voted in favor, our letters of objection successfully delayed the rule.

The next hurdle was to find a legislative sponsor for the disapproval bill. Representative Pricey Harrison was immediately supportive and introduced HB 2524 on May 26, 2008. She enlisted several co-sponsors who were equally supportive and vocal.

With HB 2524 in place, we began our lobbying campaign. Following the advice of WAPF attorney Pete Kennedy, we strictly maintained that HB 2524 was raw milk for animal consumption and did not confuse the issue with human consumption. Thanks to WAPF for sending out our Action Alerts to all North Carolina members. Advocates across the state were provided concise talking points, used when visiting or contacting their legislators. Action Alerts allowed us to carefully orchestrate which legislators to target and when.

The first hearing in the House Agriculture Committee was the most difficult. Thankfully, we had a large enthusiastic group of advocates in attendance. After the state epidemiologist, the NCDA director for food safety, and the dairy industry lobbyist presented arguments against raw milk for human consumption, Representative Harrison intervened by stating that HB 2524 was not intended for human consumption. HB 2524 passed out of the committee 16 to 3.

Recognizing the support the bill was gaining, the NCDA offered a compromise, which Representative Harrison skillfully negotiated. In exchange for labeling all pet milk containers, we were able to get unpasteurized milk exempted from the definition of commercial feed. This released pet milk producers from having to be licensed as commercial feed manufacturers under the NCDA.

Once the compromise was reached, the NCDA enlisted support of the state health officials. With full support, HB 2524 quickly passed through the House and then unanimously through the Senate. During our campaign, many legislators expressed interest in making raw milk available for human consumption, which is our goal for the next session.

This article appeared in the Fall 2008 edition of Wise Traditions, the quarterly journal of the Weston A. Price Foundation.

Ruth Ann Foster is the Weston A. Price Foundation local chapter leader for Greensboro, North Carolina.

The post How We Did It in North Carolina appeared first on Real Milk.