North Dakota – Herdshare Bill Signed into Law

Farm-To-Consumer Legal Defense Fund

by Pete Kennedy, Esq. on June 7, 2013

Herdshares in ND now referred to as “Shared Animal Ownership” A victory for grassroots efforts! See Action Alert NDDA prohibited from restricting herdshares

On April 29 herdshares become officially legal in North Dakota when Governor Jack Dalrymple signed Senate Bill 2072 into law. SB 2072 provides that “it is not a violation [of law] to transfer or obtain raw milk under a shared animal ownership agreement.”
Shared animal ownership is defined in the bill as “any contractual arrangement under which an individual:

a. Acquires an ownership interest in a milk-producing animal;b. Agrees to pay another for, reimburse another for, or otherwise accept financial responsibility for the care and boarding of the milk-producing animal at the dairy farm; and
c. Is entitled to receive a proportionate share of the animal’s raw milk production as a condition of the contractual arrangement.

The original version of SB 2072 did not contain a provision on herdshares; the bill only amended the state dairy code to adopt the latest revision of the Pasteurized Milk Ordinance (PMO), which governs the production and sale of pasteurized milk in the U.S.


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Rapid City Journal

Raw milk backers say proposed rules too burdensome

June 07, 2013 6:00 am  •  Bob Mercer Legislative correspondent

PIERRE | A public hearing Thursday served as the latest battleground over regulation of raw milk in South Dakota.
The state Department of Agriculture has proposed nine pages of rules regarding bottled raw milk for human consumption.
More than a dozen residents who believe in what they call the natural benefits of drinking raw milk showed up to oppose the regulations, as did several farmers who produce it.
There are five licensed raw milk producers in South Dakota.
Gena Parkhurst of Rapid City, who described herself as a raw milk consumer, said the proposed rules would prohibit consumption of bottled or packaged raw milk produced by anyone without the necessary state permit, whether or not the milk was free or for sale.
"They cannot offer it to their neighbor; they cannot offer it to their family; they cannot give it away to an informed consumer," said Parkhurst, a volunteer coordinator for Dakota Rural Action in the Black Hills.
She also claimed that testing for tuberculosis and brucellosis was “unnecessary.”
That’s different than the view of state veterinarian Dustin Oedekoven, who spoke in support of the rules. He said raw milk can spread diseases such as tuberculosis.
The state Department of Health tracks illnesses linked to raw milk, while the Legislature allows its sales.
Mellette County raw milk producer Leland Schoon said the proposed requirement of disease testing would be “burdensome and cost-prohibitive” for him since his cows are in a multi-purpose pasture.

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