WEST virginia Legislature

2016 regular session

Introduced

Senate Bill 387

By Senator Karnes

[Introduced January 25, 2016;
Referred to the Committee on Agriculture; and then to the Committee on the Judiciary.]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-1-7, relating to shared animal ownership agreements to consume raw milk; acquiring percentage ownership interest in milk-producing animal’s raw milk; providing for payment for percentage ownership for care and boarding of milk-producing animal; providing for receipt of a share of raw milk pursuant to an agreement; requiring written document acknowledging the inherent dangers of consuming raw milk; setting forth required provisions for shared animal ownership agreements; requiring herd seller meet animal health requirements set by state veterinarian for milk-producing animals; setting forth required health standards for milk-producing animals; providing immunity to herd seller; prohibiting the distribution, sale or resale of raw milk; requiring shared animal ownership agreements be filed; requiring parties and physicians to report illnesses related to consumption of raw milk; and providing administrative penalties.

Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §19-1-7, to read as follows:

 ARTICLE 1.  DEPARTMENT OF AGRICULTURE.

§19-1-7.  Shared animal ownership agreement to consume raw milk.

(a) Notwithstanding any other provision of the law to the contrary, a responsible party may enter into a written shared animal ownership agreement to consume raw milk in which he or she:

(1) Acquires a percentage ownership interest in a milk-producing animal;

(2) Agrees to pay another for the percentage ownership interest for the care and boarding of the milk-producing animal at the dairy farm;

(3) Is entitled to receive a fair share of the animal’s raw milk production as a condition of the contractual agreement;

(4) Agrees to sign a written document acknowledging 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.  The responsible party then agrees to release of the herd seller of liability for the inherent dangers of consuming raw milk; and

(5) Agrees not to distribute raw milk.  Sale or resale of raw milk obtained from a share is strictly prohibited.

(b) The signed and executed shared animal ownership agreement shall be filed by the herd seller with the Commissioner of Agriculture, and shall contain the names, addresses and phone numbers of the herd seller and the responsible party so that either party may be contacted in the event of an illness.

(c) 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:

(1) Raw milk from milk-producing animals intended for consumption shall be from a herd that tested negative within the previous twelve months for brucellosis, tuberculosis and other diseases as required by the state veterinarian. Additions to the herd shall test negative for the diseases within the previous thirty days before introduction into the herd; and

(2) Milk-producing animals producing bloody, stringy or abnormal milk, but with only slight inflammation of the udder, shall be excluded from the milking herd until reexamination shows that the milk has become normal. Milk-producing animals showing chronic mastitis, whether producing abnormal milk or not, shall be permanently excluded from the milking herd.

(d) Parties to a shared animal ownership agreement and physicians who become aware of an illness directly linked to consuming raw milk shall report the illness to the local health department and the Commissioner of Agriculture, who has the shared animal ownership agreements on file and can contact and warn other parties consuming raw milk from the same herd seller.

(e) The commissioner may impose an administrative penalty not to exceed $100 for a person who violates the provisions of this section.

NOTE: The purpose of this bill is to permit shared animal ownership agreements to consume raw milk. The bill permits acquiring percentage ownership interest in a milk-producing animal’s raw milk. The bill provides for payment for a percentage ownership for care and boarding of a milk-producing animal. The bill provides for receipt of a share of raw milk pursuant to an agreement. The bill requires a written document acknowledging the inherent dangers of consuming raw milk. The bill requires a herd seller meet animal health requirements set by state veterinarian for milk-producing animals. The bill sets forth required health standards for milk-producing animals. The bill provides immunity to herd seller. The responsible party agrees not to distribute raw milk. The bill prohibits the sale or resale of raw milk. The bill requires herd-sharing agreements be filed with the Commissioner of Agriculture. The bill requires parties and physicians to report any illness related to consumption of raw milk. The bill provides administrative penalties.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.