# Selling milk for animal consumption?



## Delinda (Dec 5, 2005)

We have had alot of people ask us to sell them goat milk, we are milking 7 does right now. Anyway we tell everyone it is not legal to sell in our state (TN.) so, no we do not sell milk. I had a guy stop by yesterday to buy chicks and he ask about milk and I told him the same thing. He imformed me that a lady not to far from me is selling milk for animal consumption only and sell alot of it. He said it is legal to sell it this way. So is it legal to do this? Any advice on this? If you tell people it is for animals only will this keep a person out of trouble? I wonder if it would. Somehow I don't think so. Anybody do this?


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## whiterabbit454 (Jun 3, 2008)

have you checked the extesion(sp)? office? im new to9 this so i dont know but it would seem legal to sell it as feed n if you label it as such i would like to know the answer to this also im in kentucky


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## Cathy (Feb 27, 2008)

Where I live (RI) I think you can sell raw milk that is clearly labeled "Not For Human Consumption", but I also know many people with goat milk who say they can't sell their milk but let you take for a suggested donation.


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## Tallabred (May 23, 2008)

In Florida I purchased 1g of raw cow milk sold for pet consumption and I made a "donation". At $13 a gallon it made expensive "pet food"!


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## Lada (Jun 7, 2008)

In Ohio it can be sold as "pet food". We have a large Amish population and they sell alot of their surplus this way. We can also have "cow shares" or "goat shares". Since it is not illegal for you to drink raw milk from your own animal, people will pay to own a "share" of a cow or goat and thus they can drink the milk. 

It's a loophole and there are talks of the government trying to close them, but for now it works. I would just be very very careful who you sell to, and make sure you are labeling everything as "pet food" if that's the way you're getting around it. We had an Amish man not long ago sell milk to an undercover agent and get slapped with a hefty fine. I think he got around it for religious reasons, though. It seems the Amish can get around just about anything for religious reasons, but that's another post...

ETA: Here is a website I found that breaks the laws down by state:

http://www.usatoday.com/news/nation/tables/2006-08-06-raw-milk.htm


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## Delinda (Dec 5, 2005)

Thank you for the link Lada!


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## Niamh (Apr 14, 2008)

Here in Idaho the easiest way to sell goat milk is for pet consumption. If you label it as such, only talk about it as such, and sell it as such, you can't be held responsible for what people do with it once they get it home.

One lady I know who sells it for pet consumption has an official come by every now and then and dye her milk green to try and deter those who buy it for pets and then drink it themselves. Doesn't seem to bother her customers a bit.


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## KimM (Jun 17, 2005)

I didn't think it was legal to sell raw milk in Ohio for ANY purpose, even pet food. Is this a recent change?

Added: I did a search and found the law pertaining to Ohio, there's no provision for pet food sales:
http://codes.ohio.gov/orc/917.04
_*917.04 Sales of and labeling for raw milk.*
No raw milk retailer shall sell, offer for sale, or expose for sale raw milk to the ultimate consumer except a raw milk retailer who, prior to October 31, 1965, was engaged continuously in the business of selling or offering for sale raw milk directly to ultimate consumers, holds a valid raw milk retailer license issued under section 917.09 of the Revised Code, and is subject to the rules regulating the sale of raw milk adopted under this chapter.

No person shall fail to label, in accordance with rules adopted by the director of agriculture under section 917.02 of the Revised Code, all final delivery containers used for the sale of raw milk to ultimate consumers with the words âthis product has not been pasteurized and may contain disease-producing organisms.â

Effective Date: 10-21-1997_



Lada said:


> In Ohio it can be sold as "pet food". We have a large Amish population and they sell alot of their surplus this way. We can also have "cow shares" or "goat shares". Since it is not illegal for you to drink raw milk from your own animal, people will pay to own a "share" of a cow or goat and thus they can drink the milk.
> 
> It's a loophole and there are talks of the government trying to close them, but for now it works. I would just be very very careful who you sell to, and make sure you are labeling everything as "pet food" if that's the way you're getting around it. We had an Amish man not long ago sell milk to an undercover agent and get slapped with a hefty fine. I think he got around it for religious reasons, though. It seems the Amish can get around just about anything for religious reasons, but that's another post...
> 
> ...


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## chewie (Jun 9, 2008)

hey, that link is just what i was looking for!! seems i'm just fine doing as i am!


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## billooo2 (Nov 23, 2004)

KimM said:


> I didn't think it was legal to sell raw milk in Ohio for ANY purpose, even pet food. Is this a recent change?


That is correct. 

At this point in time, even if you get a "pet milk" license, the milk is required to be pasteurized.

There is no current legislation to support the "herdshare contracts." the governor has told the Ohio Dept. of Agriculture not to do any more prosecutions.

I attended the trial of the Amish farmer who was, IMO, entrapped by the undercover drug agent. The ODA asked the judge to rule against the herdshare agreement, and the judge refused to even consider that. (The sale to the undercover drug agent was not via a herdshare.)

Another family had their Grade A license revoked for selling via herdshares. But when they appealed it in court, the judge ruled that the Grade A license had to be reinstated.


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## Alice In TX/MO (May 10, 2002)

I don't the the USA Today article is right about Texas law, either.


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## Lada (Jun 7, 2008)

billooo2 said:


> That is correct.
> 
> At this point in time, even if you get a "pet milk" license, the milk is required to be pasteurized.
> 
> ...


I wonder if anyone is really going to enforce a law governing the sale of pet food??? And I do know that that is how it gets sold here (southern Ohio), a LOT.


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## HilltopDaisy (Feb 26, 2003)

I think the info for NY is incorrect also.


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## Otter (Jan 15, 2008)

I know plenty of people who buy raw milk for making soap, but I don't know any details about it. Sounds like another possible loophole.


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## nappint (Apr 5, 2008)

Since each state's laws differ I think it would be a good idea to research what your state allows - some states are very strict (read: huge fines for selling) and some states are more permissive. 

Considering the many bad things that can happen if you are violating the law or if someone claims your milk made them sick (even if you sold it as "pet food") please make sure you know what you are doing and not just following anecdotal advice.

A good place to start if you really want to sell milk is the Farm to Consumer Legal Defense Fund. If you are a member you can get specific information on your state's laws and even get help setting up your milk selling so that you are within the law (through cow/goat shares, contracts or permits)

http://www.ftcldf.org/

JMHO but this is one of those decisions where it's best not to fly by the seat of your pants.


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## oceanmist (Mar 21, 2006)

Delinda said:


> We have had alot of people ask us to sell them goat milk, we are milking 7 does right now. Anyway we tell everyone it is not legal to sell in our state (TN.) so, no we do not sell milk. I had a guy stop by yesterday to buy chicks and he ask about milk and I told him the same thing. He imformed me that a lady not to far from me is selling milk for animal consumption only and sell alot of it. He said it is legal to sell it this way. So is it legal to do this? Any advice on this? If you tell people it is for animals only will this keep a person out of trouble? I wonder if it would. Somehow I don't think so. Anybody do this?


here's a good link for you

http://tennessee.gov/sos/rules/0080/0080-03/0080-03-03.pdf


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## billooo2 (Nov 23, 2004)

Lada said:


> I wonder if anyone is really going to enforce a law governing the sale of pet food??? And I do know that that is how it gets sold here (southern Ohio), a LOT.


I personally know of one man who was selling "pet milk" and the ODA discovered that some people were buying it and using it for human consumption......all of the milk that he had bottled was confiscated......I am not sure what his "fine" ended up being.

The ODA used to issue "pet milk" licenses and goat owners used to do that as a way to sell their milk. For a while, the ODA was telling people that they were no longer issuing "pet milk" licenses. 

Another person told me in the past couple of months that they had applied for a "pet milk" license.....and the ODA told her that the milk would have to be pasteurized.

If someone is getting away with it, then the ODA just has not heard about it. They have shown that they will prosecute.


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## KimM (Jun 17, 2005)

The thing is it doesn't matter what purpose it's sold for, selling it raw is illegal. Technically, you're not even allowed to give it away. 




Lada said:


> I wonder if anyone is really going to enforce a law governing the sale of pet food??? And I do know that that is how it gets sold here (southern Ohio), a LOT.


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## Vicki McGaugh TX Nubians (May 6, 2002)

And how can they prove someone is drinking your milk?
And even if a fine is levied how is it inforeable to make you pay?
Can they take your stock?
Can they take your land?
Be it any law that is unenforceable, there are those who will make loop holes around it. Even grade A daires in Texas where it is legal for them to sell milk off their farm, break the law by taking their milk and selling it at Farmers Markets or drop off points, they say they are delivering previously sold milk...which is also illegal 

Sell it for pets, sell it for livestock food (the deer industry in Texas buys milk) or sell it for soap. Your customers will be the most loyal people you will find.....now the gal down the road who you take customers away from...they are the ones you have to be concerned about.

I have been selling milk for 22 years, in reality I know of nobody who has been fined or anything that only sold milk off their place. Now make it into something, deliever it off your place, yes you are skirting more than milk regs then. Vicki


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## KimM (Jun 17, 2005)

I personally don't care who sells raw milk to anyone for any purpose - more power to both sides, _I love raw milk _- but a statement was made about raw milk being allowed to be sold for pet food and a link was posted that gave false information. There are people reading this thread wanting to know what is actually allowed by law, not what you can get away with doing.

Delinda, I tried to find the Tennessee laws on the subject but couldn't find anything.


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## Lada (Jun 7, 2008)

It seems there are also people reading this thread (like the original poster, for example) who _are_ interested in knowing what they can get away with.



> If you tell people it is for animals only will this keep a person out of trouble?


Not to get _completely_ off topic, but there are plenty of laws that we all break everyday because we don't believe they are justified. For me, this is one of those laws. 

I posted the link above, because, through my own research, it was the only place I could find out the legalities of selling milk in my state. I wasn't trying to promote false information, and I wonder why it's so difficult to even find the laws dictating the sell of raw milk?


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## Alice In TX/MO (May 10, 2002)

Some interesting websites:

http://www.realmilk.com/

http://www.raw-milk-facts.com/


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## Delinda (Dec 5, 2005)

Thanks everyone for the replys. Personally I think it is sad that a person cannot sell raw milk if people want it. As i said we do not sell milk and probably will not ever do so. I was just curious if it was legal to sell for pet food. Thanks for all the links and the info.


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## KimM (Jun 17, 2005)

Oh I know you didn't post false info/link on purpose. One would think USA Today would be more accurate on what they print. I always try and research laws like that on the .gov sites and they chould make all this info more accessible.



Lada said:


> It seems there are also people reading this thread (like the original poster, for example) who _are_ interested in knowing what they can get away with.
> 
> Not to get _completely_ off topic, but there are plenty of laws that we all break everyday because we don't believe they are justified. For me, this is one of those laws.
> 
> I posted the link above, because, through my own research, it was the only place I could find out the legalities of selling milk in my state. I wasn't trying to promote false information, and I wonder why it's so difficult to even find the laws dictating the sell of raw milk?


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## dosthouhavemilk (Oct 29, 2004)

Ohio has been a hot spot for the raw milk debate in recent years, so it is not as easy to get away with making raw milk available to those who want it as it was before the fight came here.
Some of the rules have been adjusted and the way they decide to interpret them have changed as well.
A good group for following the raw milk issue in Ohio is the OhioWAPF group on Yahoo!
If you are small and sell to locals, your chances are slim of getting caught. It is a risk and you have to decide for yourself if it is worth it.
The Amish gentleman was co-erced into accepting money in trade for the gallon of milk.
I know of a family selling raw milk in this area. They will probably never get in trouble for it because they are Amish and they simply don't go around advertising it and it is a select groups of purchasers. That's cow's milk though.


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## nappint (Apr 5, 2008)

Lada said:


> I posted the link above, because, through my own research, it was the only place I could find out the legalities of selling milk in my state. I wasn't trying to promote false information, and I wonder why it's so difficult to even find the laws dictating the sell of raw milk?


I was referring to OP's conversation with a stranger who told her what the lady down the street was doing. The link you posted is a good starting point for anyone interested in raw milk availability.

I totally understand the need to use all the loopholes available but it's always best to know - for sure - you are within the law - or at the very least within the "grey" area of the law  If you don't, then you do open yourself up to fines, lawsuits and possible jail time depending on the complaint...and yes, if you don't pay a fine you can be sentenced to jail and yes, if a person wins a lawsuit against you - you can lose your property, livestock and all your money...the chances are slim this will happen but there is still a chance. 

We're currently working on being able to sell raw milk - legally - that doesn't mean that we will not look for every loophole available  but at the same time a $13.00 gallon of milk is not worth losing everything we own because a "friend of a friend" told us it was okay to sell KWIM?

It is difficult to find information about what is and is not legal when it comes to raw milk  we ended up contacting the owners of Grade A dairy's in our state and talked to them about the permit process and we joined the FTCLDF which has been a tremendous help...the information IS out there and it IS possible in most states to "sell" raw milk either outright or through loopholes.

Good luck to everyone who wants to sell!


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## Alice In TX/MO (May 10, 2002)

http://www.ftcldf.org/

Farm To Consumer Legal Defense Fund


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## Vicki McGaugh TX Nubians (May 6, 2002)

If you are serious about going legal, grade A then go to the source. Don't be listening to anyone, you have to use the inspector who will be inspecting your facility, because there are no set in stone laws for goats milk facilities, they are interperted off of cow dairies. So the inspector in your area will carry the most weight of anyone you talk to.

The point is, nobody asking this question on this forum is going to be selling enough milk to be caught unless they advertise or make it into something and sell it. Sure it is illegal, and so is all the off label uses of every wormer and drug you will use on your farm for the goats  Vicki


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## billooo2 (Nov 23, 2004)

KimM said:


> I personally don't care who sells raw milk to anyone for any purpose - more power to both sides, _I love raw milk _- but a statement was made about raw milk being allowed to be sold for pet food and a link was posted that gave false information. There are people reading this thread wanting to know what is actually allowed by law, not what you can get away with doing.
> 
> Delinda, I tried to find the Tennessee laws on the subject but couldn't find anything.


Interestingly enough.........one of the people with the ODA told me that it IS legal to sell raw goats milk here in Ohio for the purposes of making soap!!!

I talked to an attorney about the idea. He said that if I knew that they were consuming it.....even if I had a label that specified that it was strictly for making soap and not for human consumption.........then I could be held liable for selling raw milk for human consumption.

IMO.......if someone wants to consume raw milk, then the government has NO BUSINESS interfering with their personal lives!!!!!!!


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## KimM (Jun 17, 2005)

I totally agree!!!! Wouldn't that against one of our constitutional rights, like the pursuit of happiness or something? 




billooo2 said:


> .....
> 
> IMO.......if someone wants to consume raw milk, then the government has NO BUSINESS interfering with their personal lives!!!!!!!


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## Lada (Jun 7, 2008)

Ironically, I _just_ got information locally that it is in fact legal to sell _GOAT_ milk for pet comsumption by only labeling the container as such and including the name of the person selling it. This is only for goat milk, though. Apparantly the laws requiring a license were for cow milk due to the antibiotics or some such. I haven't seen the actual law regarding this, this information is just through a person I know who knows someone who had a conversation with someone from the ODA regarding this issue. So take it for what it's worth...


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