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BILL OF SALE …
Tags: bill of sale, bovines, chattels, colorado farm, covenants, dairy cows, dairy facilities, dairy herd, milk production, personal representatives, receipt, replacements, share program, successors, sufficiency, undivided interest, wit,Pages: 13
Language: english
Created: Tue Sep 11 13:08:31 2007
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BILL OF SALE
(Undivided Interest in Dairy Herd)
KNOW ALL MEN BY THESE PRESENTS, That Ebert Farms, a Colorado Farm whose address is 10800
Horrogate Mile Road, Byers, CO 80103 (Seller), for and in consideration of the sum of $50.00 per share of
ownership in the herd, a $10.00 bottle fee which total is $60.00, plus a first month's fee of $28.00 per share in
hand paid (plus an $8.00 per month fee per share if the milk is delivered), at or before the ensealing or delivery
of this instrument by
(Buyer) whose address is
the receipt and sufficiency of which is hereby acknowledged, has bargained and sold, and by these presents
does grant and convey unto the Buyer, his/her personal representatives, successors and assigns, the following
property, goods and chattels, to wit:
An undivided interest of ( ) unit(s) in a Herd of dairy cows (female bovines) located at
the Dairy Facilities of Ebert Farms, the address of which is 10800 Horrogate Mile Road, Byers, CO 80103, and
all replacements and increases of the dairy cows, which Herd constitutes all of the share program dairy cows,
producing or dry, at the location, including a share in the milk production equal to the number of shares.
TO HAVE AND TO HOLD the same unto the Buyer, his/her personal representatives, successors and assigns,
forever, or until Seller buys back Buyer's share upon mutual agreement. The Seller covenants and agrees to
and with Buyer, his/her personal representatives, successors and assigns, to WARRANT AND DEFEND the
sale of the undivided interest in the property, goods and chattels, against all and every person or persons
whomever.
Buyer understands and agrees that in accepting this Bill of Sale the number of cows in the Herd may increase
or decrease in which event the Buyer's percentage of interest in the Herd may decrease or increase, as the
case may be, but in none of those events will Buyer's number of units constituting the measure of Buyer's
undivided interest in the Herd be increased or decreased. Seller takes possession of the Herd for and on
behalf of the owners. Buyer understands that he is to pick up his share of the milk production at Ebert Farms at
a reasonable time to both Seller and Buyer or, through mutual agreement between Buyer and other Buyer /
Herd Owners. Buyers/ Herd Owners may transport milk for each other to an alternate pickup location
convenient to them. Seller agrees to collect the optional transportation fee on behalf of the Herd Owners to
transport milk to an alternate location.
The receipt and sufficiency of this agreement is hereby acknowledged,
IN WITNESS WHEREOF, the Seller has executed this Bill of Sale on ,
EBERT FARMS
By:
Title:
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COW BOARDING CONTRACT
THIS AGREEMENT is made and entered into to be effective as provided herein by and between Ebert Farms,
whose address is 10800 Horrogate Mile Road, Byers, CO 80103 (herein called "Boarding Farm") and
(herein called "Shareowner") whose address is
RECITALS
A. Ebert Farms is the owner of the dairy facilities at 10800 Horrogate Mile Road, Byers, CO 80103, for
holding, caring for, handling and milking of dairy cows (female bovines).
B. Alice Ebert is the owner of the property where the cows are held and cared for.
C. Ebert Farms has arranged with Alice Ebert to use her property for the boarding and milking by Ebert
Farms on behalf of Shareowner (herein called "Shareowner") and other Herd Owners (herein called
"Herd Owners") of the dairy cows which will constitute the Herd.
D. Shareowner is the owner of: an individual interest of ( ) share(s) in a herd
(herein called "Herd") of dairy cows (female bovines) located at the dairy facilities, the address of which
is 10800 Horrogate Mile Road, Byers, CO 80103, and all replacements and increases of the dairy cows,
which Herd constitutes and shall constitute all of the share program dairy cows, producing or dry, at that
location.
E. Shareowner (together with the other owners of all the undivided interests in the Herd who are each
entering into an agreement with Ebert Farms substantially similar to this one) desires to board the Herd
with Ebert Farms and to have Ebert Farms care for and milk the cows in the Herd, and Ebert Farms
desires to take on the boarding obligations.
AGREEMENTS
NOW, THEREFORE, for and in consideration of the recitals and the mutual obligations contained in this
Agreement, the parties agree as follows:
1. Definitions: In addition to other terms defined in this Agreement, for purposes of this Agreement, the
terms:
a. "Boarding" shall mean Ebert Farms who will have possession of: feeding, maintaining and
caring for the Herd, milking the Herd and preparing the production of milk from the Herd for
picking up by the Herd Owners, individually or by representative Herd Owners at their choosing.
b. "Herd Agreements" shall mean collectively this Agreement and all of the other agreements
substantially similar to this one signed by the owners of the remaining undivided interests in the
Herd, including any previous Herd Agreements that have been transferred to this Herd
Agreements in writing and incorporated in it by reference.
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c. "Herd Owners" shall mean collectively all of the owners of undivided interests in the Herd.
d. "Shareowner" shall mean an individual Herd Owner.
e. "Percentage Interest" shall mean the undivided percentage interest of Shareowner in the Herd,
determined by dividing the total number of the Shareowner's undivided number of shares in the
Herd by the total number of shares created and existing from time to time in the entire Herd.
2. Delivery of Herd for Boarding: Upon the execution of agreements substantially similar to this one by the
owners of all the ownership interests in the Herd, Boarding Farm shall take possession of the Herd for
and on behalf of the owners.
3. Boarding Fees: For boarding the Shareowner's undivided interests in the Herd, Shareowner shall pay to
Boarding Farm a uniform monthly fee equal to $ 28 per share of the Herd owned by Shareowner.
The first month's boarding fee is being paid with the execution of this Agreement. Thereafter, the uniform
boarding fee shall be paid by Shareowner to Boarding Farm, in advance, on or before the twentieth day
(20th) of each month during the time this Agreement is in effect. The parties agree the amount of the
uniform boarding fee is a fair and reasonable charge equal to the actual average costs to be incurred by
Boarding Farm for its service to be provided to Shareowner under this Agreement.
4. Shares of Milk: Shareowner shall be entitled to receive the milk production from Shareowner's undivided
shares in the Herd. The milk production attributable to Shareowner's undivided interest shall be equal to
Shareowner's Percentage Interest in the total weekly milk production from the Herd. The Boarding Farm
will manage milk production so shareowner should expect their portion of milk to be one (1) gallon per
share per week. Shareowner shall pick up his share of milk production at Ebert Farms or at a mutually
agreed upon alternate pickup location (arranged by Shareowner) at least one time per week at times to
be specified by Boarding Farm; provided, that Boarding Farm shall make every reasonable effort to
make those times convenient for the Herd Owners by soliciting comments on scheduling from the Herd
Owners (Shareowner, or a representative Shareowner, may be required to pickup Shareowner's share
of milk production more frequently if Boarding Farm determines that to be the case to preserve the milk
for its owners).
5. Duties of Boarding Farm: In addition to any other duties provided in this Agreement, Boarding Farm shall
have the following duties in connection with the boarding of the Herd:
a. To receive the Herd for boarding at its principle place of business and to provide any other
reasonable services required for in the Agreement or requested by the Herd Owners.
b. To maintain and care for the Herd using sound practices in accordance with the Herd Health
Program and the Operating Standards attached to this Agreement (entitled "Guidelines for Raw
Milk Distribution in Colorado" and incorporated in it by reference) and "Ebert Farms Specific
Herd Management" (also attached to this Agreement and incorporated in it by reference),
whether applicable to the operations of Boarding Farm or not, as closely as reasonably possible
to the requirements of Colorado health laws and regulations applicable to the caring of female
bovines and the handling of milk production from them.
c. To manage the Herd for and on behalf of the Herd Owners and to acquire and dispose of cows
as shall be necessary to maintain the health and productive capacity of the Herd.
d. To pay all expenses for maintaining and caring for the Herd as required above.
e. To provide timely reports via email or letter to Herd Owners as shall be appropriate to apprise
Shareowner of the condition of the Herd and any other information which Boarding Farm
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believes will be useful to Herd Owners in monitoring the health and performance of the Herd
with respect to Shareowner's interest in the Herd.
6. Special Services: In addition to the uniform boarding fee provided for in the agreement, should
Shareowner request Boarding Farm to provide any special service beyond the boarding and milking
required under this Agreement, Shareowner and Boarding Farm shall agree as to the amount of
additional charges, if any, to be paid by Shareowner to Boarding Farm for the special services.
7. No Sales of Milk: Shareowner and Boarding Farm acknowledge that the sale of raw milk is prohibited by
the State of Colorado. Under no circumstances shall Shareowner or Boarding Farm transfer the
ownership or possession of any milk production from the Herd in any transaction which would constitute
a sale of milk in violation of the statues of the State of Colorado or the regulations of the Colorado
Department of Public Health and Environment. Shareowner and Boarding Farm each agrees to
indemnify and hold the other harmless for any liability, loss, damage, expense or penalties which are
incurred by the other because of a breach of the provision of this Section by the indemnifying party.
8. Lien for Charges: Enforcement:
a. Boarding Farm shall have, and Shareowner specifically grants to Boarding Farm, a lien and
security interest in the undivided interest of Shareowner in the Herd for all unpaid boarding and
other charges resulting from the boarding and care of the animal and other services required or
requested of Boarding Farm by Shareowner under and pursuant to this Agreement.
b. Shareowner agrees that in the event the charges due from Shareowner to Boarding Farm are
not paid within the time provided herein or otherwise agreed between Shareowner and Boarding
Farm, Boarding Farm may exercise its lien rights, and in connection with such rights, may
dispose of Shareowner's interests in the Herd for any and all unpaid charges at public or private
sale, with or without public notice or notice to Shareowner of the sale, after twenty (20) days
notice to Shareowner of the unpaid charges. In the event the sale does not secure a sufficient
price to pay the costs of board and other charges, plus costs of sale, Shareowner shall pay to
Boarding Farm the difference within twenty (20) days demand by Boarding Farm. Any amounts
realized by Boarding Farm at the sale, over and above charges due and costs of sale, shall be
returned to Shareowner.
9. Ownership Transfer:
a. Shareowner specifically represents and warrants to Boarding Farm that Shareowner is the
owner of the undivided interest in the Herd described in the recitals and has acquired the
interest in the Herd for Shareowner's own use and benefit.
b. Shareowner shall not transfer or assign any of Shareowner's rights or interests in the Herd or
under this Agreement without prior written consent of Boarding Farm, which consent shall not
be unreasonably withheld, and without the transferee or assignee having entered into a Herd
Agreement covering the interest being transferred or assigned prior to or contemporaneously
with the transfer or assignment. Shareowner shall at no time and under no circumstance sell or
exchange any of Shareowner's interest in the production from the Herd and shall at all times
use the Shareowner's share of production for Shareowner's own use. Because all of the Herd
Agreements are interdependent and cannot function without all interests in the Herd being
covered by them, notwithstanding the foregoing, if any court orders a transfer or assignment of
an interest in a proper cause of action, the Court is requested to make the transfer of
assignment subject to the terms of a Herd Agreement with respect to the transfer or assignment
being ordered by the Court.
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10. Liability:
a. Boarding Farm shall not be liable to Shareowner for any loss of or damage to the Herd or for
anything resulting from the care and maintenance of the Herd by Boarding Farm or from
handling of production from the Herd by Boarding Farm so long as Boarding Farm shall have
complied with the requirements of this Agreement with respect to the Herd and the milk
production from it.
b. Boarding Farm shall not be liable to Shareowner for any sickness, death, loss or damage from
the production of raw milk produced and delivered to Shareowner from Shareowner's share of
the Herd unless Boarding Farm shall have failed to comply with the Herd Health Program and
the Operating Standards attached to this Agreement and the sickness, death, loss, or damage
shall have resulted directly form the failure of Boarding Farm to so comply.
c. Notwithstanding the foregoing, Boarding Farm shall indemnify and hold Shareowner harmless
for any loss, damage, liability or expenses caused by any animal in the Herd to the person or
property of Herd Owners or third parties because of the gross neglect or intentional act or
omission of Boarding Farm.
11. Damage Claims: In the event Shareowner seeks to assert any claim against Boarding Farm for any
reason in connection with this Agreement or the activities of Boarding Farm under it, Shareowner must
file a written claim with Boarding Farm stating the nature of the claim and the amount of relief sought
within one hundred eighty (180) days after Shareowner becomes aware of the circumstances giving rise
to the claim. Unless Shareowner files the claim within the prescribed time, Shareowner waives any and
all rights that Shareowner may have against Boarding Farm for any liability arising under this Agreement.
12. Arbitration of Disputes: All disputes, claims, and questions regarding the rights and obligations of the
parties under the terms of this Agreement are subject to arbitration. Either party may make a demand for
arbitration by filing a demand in writing with the other party within on hundred and eighty (180) days after
the dispute first arises. Thereafter, the arbitration shall be conducted by three arbitrators (one appointed
by Shareowner, one by Boarding Farm, and a third by the other two arbitrators) in accordance with the
rules of commercial arbitration of the American Arbitration Association. Each party shall pay the party's
own costs in connection with the arbitration and the parties shall pay the costs of the arbitrators in equal
amounts.
13. Effective Date:
a. This Agreement shall be effective upon the first day of the month following the execution of Herd
Agreements by all of the Herd Owners. Boarding Farm shall promptly notify Shareowner of the
effective date of the Agreement.
b. This Agreement shall continue so long as the Herd Agreements are in effect for the entire Herd.
If any one of the Herd Agreements, other than this one, shall be terminated for any reason, this
Agreement shall continue in effect for an additional on hundred and eighty (180) days during
which time Boarding Farm and the remaining Herd Owners may seek to obtain one or more
Herd Agreements covering that portion of the Herd which was covered by the terminated Herd
Agreements. Boarding Farm shall make available to Shareowner, upon request, the names and
contact information of the other Herd Owners for this purpose. If a replacement Herd Agreement
is not obtained within the specified time period, this agreement my be terminated by Boarding
Farm pursuant to subsection 14.a below. In seeking a replacement Herd Agreement, Boarding
Farm may, for its own account, determine to take on the obligations under a terminated Herd
Agreement; provided that in doing so, Boarding Farm will take no actions which would involve
the sale of milk from the Herd in contravention of a Herd Agreement or the laws and applicable
regulations of the State of Colorado.
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14. Termination:
a. This Agreement may be terminated by Boarding Farm upon ninety days (90) notice to
Shareowner so long as Boarding Farm shall terminate all the Herd Agreements at the same
time or has found a replacement Herd Agreement for this Agreement.
b. This Agreement may be terminated by Shareowner (i.) if Shareowner, together with other Herd
Owners having Herd Agreements which together cover a majority of the cows in the Herd, notify
Boarding Farm of the termination of the Herd Agreements within a period of twenty (20) days of
each other (Boarding Farm shall make available to Shareowner, upon request, the names and
contact information of the other Herd Owners for this purpose); or (ii.) Shareowner has found
another person who is acceptable to Boarding Farm who acquires Shareowner's interest in the
Herd and signs a Herd Agreement substantially the same as this one.
c. Upon termination of this Agreement pursuant to subsections 14.a and 14.b above, without a
replacement Herd Agreement being signed, Boarding Farm agrees that a committee of the
three Herd Owners may be appointed by the Herd Owners (or if they fail to agree within thirty
days, by Boarding Farm) which committee shall review all of the animals in the Herd and
provide to Shareowner and all other Herd Owners a recommended list of assignments to be
made to transfer ownership of the animals in the Herd to Shareowner and all other Herd Owners
so that the undivided interest of Shareowner and all the other Herd owners in the Herd shall be
to provide for a few Herd Owners to own an individual cow so that they might dispose of it or
arrange for other boarding more easily. The interests to be created shall be created by
transferring each Herd Owner's shares in the Herd as a whole to one or, if necessary, more
cows. For example, if a Herd Owner has two undivided shares in the Herd as a whole and
twenty-three shares equals the number of shares which would be equivalent to one cow, the
Herd Owner would be given two undivided shares out of twenty-three (or 11.5%) in one cow and
would then have no interest in any other cows in the Herd. Shareowner agrees to this technique
and further agrees to execute any documents necessary to accomplish the recommendation of
the committee.
d. If this Agreement is terminated with a replacement Herd Agreement being signed, Shareowner
agrees to sell Shareowner's interest in the Herd to the person(s) signing the replacement Herd
Agreement so long as Shareowner shall receive a price at least equal to the price Shareowner
originally paid for Shareowner's interest in the Herd.
e. Once Shareowner agrees to the optional transportation provision, and if for any reason a
Shareowner representative fails to pickup and deliver Shareowner's share of milk production to
the agreed upon alternate pickup location, and no other suitable Shareowner representative can
be found, making every effort to do so with other Herd Owners, and Shareowner does not
choose to assume this duty, Shareowner may terminate his agreement with Boarding Farm as
per the method of termination described in 14.b above.
15. Force Majeure: Notwithstanding anything to the contrary in this agreement, Boarding Farm shall not be
responsible for any delay or failure of its performance under this Agreement if the delay or failure is
caused by any matter beyond the control of Boarding Farm including, but not limited to, an illness in the
Herd not caused by a breach of Boarding Farm duties under the Agreement and which Boarding Farm
has promptly taken steps to have treated or corrected, death of cows in the Herd which does not result
from a breach by Boarding Farm of its duties under this Agreement, government regulations public
emergency or necessity, legal restrictions, labor disputes and actions related thereto, riot, war,
insurrection, windstorms, rainstorms, snowstorms, floods and other acts of God.
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16. Miscellaneous:
a. Construction: When necessary for proper construction, the masculine of any word used in the
Agreement shall include the feminine and neuter gender, the singular, the plural, and vice versa
b. Governing Law: This Agreement is being executed and delivered in the State of Colorado and
shall be construed in accordance with and governed by the laws of such state.
c. Captions: The captions of sections and subsections contained in this Agreement are for
convenience only and shall not control or affect the meaning or construction of any of the
provisions of this Agreement.
d. Entire Agreement: This Agreement constitutes the entire contract between the parties and may
not be modified or amended except in writing signed by both parties.
e. Waiver: No assent or waiver, expressed or implied, to any breach of any one or more of the
covenants or agreements hereof shall be deemed or taken to be a waiver of any succeeding
breach.
f. Incorporation by Reference: All schedules, exhibits and attachments referred to in this
Agreement are incorporated by reference and made a part of this Agreement.
g. Assignments: This Agreement and each of its provisions shall inure to the benefits of and be
binding upon the parties, their successors and permitted assigns.
IN WITNESS, WHEREOF, the parties have executed this Agreement on the dates shown below to be effective
on the date described above.
SHAREOWNER: BOARDER:
(Signature) (Signature)
(Print Name) (Print Name)
(Title)
(Address) (Address)
(Address) (Address)
(Telephone) (Telephone)
(Email) (Email)
(Date) (Date)
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EBERT FARMS SPECIFIC HERD MANAGEMENT
The Ebert Farm has been in the family since 1908. The dairy was added to the farm in 2005. The Ebert family is
currently milking between 15-20 cows and has a herd of 32 cows. The breeding is done either by Artificial Insemination
or by Ebert Farms Jersey Bull. Calves are kept as replacement heifers. Ebert Farm and their Veterinarian monitor the
following herd health program.
I. Calve Health:
A. Calves will be removed from their mothers within the first 24 hours.
B. For the first 2 days, calves will be bottle fed colostrum from their mothers. After this time they will be
bottle-fed regular milk.
C. Calves will be sheltered appropriately and provided heat as is required for current weather conditions.
II. Vaccination:
A. Calves will be Brucellocis vaccinated at 4-10 months of age. Calves will also receive a 7-way
clostridium toxoid vaccination.
B. Animals will be wormed as needed as determined by routine fecal samples.
III. Treatment for illness:
A. Any milking cows showing positive mastitis issues will be treated with antibiotics and milk will be
withheld for recommended timeframes.
B. Other illness in the cows will be treated with penicillin, anti-inflammatory medicine, and antibiotics as
recommended by the veterinarian. Milk will be withheld for the recommended timeframe.
C. As it is necessary, cows will be dried off without completing their full lactation.
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GUIDELINES FOR RAW MILK DISTRIBUTION IN COLORADO
I. STANDARDS FOR RAW MILK PRODUCTION
A. The immediate surroundings of the dairy shall be kept in a clean, neat condition to prevent
breeding of flies and rodents.
B. Utensils: All multi-use containers and equipment, pipeline milking systems and other equipment in the
handling, storage, bottling, or capping of raw milk or raw milk products shall be made of smooth,
nonabsorbent, non-corrodible, non-toxic material, shall be fabricated and installed as to be easily
cleaned and shall be self draining and kept in good repair, as recommended in the 3-A Sanitary
Standards. Woven wire cloth shall not be used. All milk pails shall be of the seamless hooded type. All
single-service articles shall have been manufactured, packaged, transported, stored, and handled in a
sanitary method.
C. Cow cleanliness: The flanks, udders, and tails of all milking cows shall be free from visible dirt at the
time of milking. All brushing shall be completed before milking commences.
D. Milkers' hands:
1. Milkers' hands shall be washed clean, rinsed with an effective bactericidal solution, and dried
with a single service towel, immediately before milking and immediately after any interruption in
the milking operation.
2. Wet hand milking is prohibited.
3. No person with an infected cut or lesion on hands or arms shall milk cows, or handle milking
utensils or other equipment.
4. Gloves should be worn to minimize transfer of bacteria from cow to cow.
E. Milkers' clothing: All personnel shall wear clean outer garments while milking or handling milk, milk
products, containers, utensils or equipment.
F. Milking sanitation:
1. Milking shall take place in an environment free of dust, dirt, mud, or accumulated manure.
2. Teats of cows shall be disinfected before milking.
3. Teats shall be forestripped to stimulate milk letdown and to screen for clinical mastitis
(abnormal milk).
4. Abnormal milk (mastitis, blood, serum, gross contamination with manure or dirt) shall not be
used for human consumption.
5. Raw milk shall be produced in a closed milking system and transferred to an appropriate facility
(milkhouse) for proper handling.
6. Milk shall be filtered in an environment free of flies and dust to remove particulate materials.
7. Milk shall be immediately decanted into glass or other impermeable containers meant for final
sale and tightly sealed.
8. Containers shall be cooled to between 45 F (7 C) and 32 F (0 C) within two hours after
completion of milking and maintained at that temperature until picked up.
G. Equipment sanitation: All milk-contact surfaces (milking machines, buckets, pipelines, and containers
for final sale) shall be washed and sanitized so as to remove all milk residue, dirt, and milkstone. The
cleaning process should strive for sterility.
1. All multi-use containers, equipment, and other utensils used in the handling, storage, filling, or
capping of raw milk and raw milk products shall be thoroughly cleaned immediately after each
usage.
2. All multi-use containers, equipment, pipelines, and other utensils used in milking, packaging,
capping of raw milk and raw milk products shall, before each usage, be subjected to an
approved bactericidal process using steam, hot water, chemicals or hot air.
3. All containers, strainer pads, and other milking equipment used in the production of raw milk
and raw milk products, unless stored in bactericidal solutions, shall be stored as to drain dry,
and so as not to be contaminated before being used. All ports and openings shall be covered
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on bulk milk utensils which contain milk. Crates in which clean bottles are stored shall be kept
clean and bottles inverted and elevated above the floor to prevent contamination.
4. After bactericidal treatment, containers and other raw milk and raw milk product utensils and
equipment shall be handled in such a manner as to prevent contamination of any surface with
which raw milk and raw milk products come into contact.
H. Bottling and capping:
1. Raw milk and raw milk products shall be bottled on the farm where produced.
2. Bottling and capping shall be conducted in the milkhouse and in sanitary method.
3. Caps or cap stock shall be purchased in sanitary containers, and shall be stored in such a
manner that will preclude contamination.
II. REQUIRED TESTING: ANIMAL HEALTH
A. A tuberculin test of all herds and additions thereto shall be made before any milk therefrom is sold, and
at least once every twelve (12) months thereafter, by a state licensed, federally accredited veterinarian.
Said tests shall be made and any reactors disposed of in accordance with the requirements approved
by the U.S. Department of Agriculture, Animal Disease Eradication branch. A certificate identifying each
animal, by number, signed by the veterinarian or attested to by the department and filed as directed by
the department, shall be evidence of the above test.
B. Annually milk will be tested by the Brucella Ring Test through the Rocky Mountain Regional Health
Laboratory. Results of all Brucella Ring Tests shall be kept on file at the dairy facility. When the results
of the Brucella Ring Test are positive, the herd must be individually tested and any reactors disposed of
in accordance with the requirements approved by the U.S. Department Of Agriculture, Animal Disease
Eradication Branch.
C. Lactating animals which show evidence of the secretion of abnormal milk in one or more quarters,
based upon physical examination, shall be milked last or with separate equipment; and the milk shall be
discarded.
D. Lactating animals which show evidence of systemic illness, based upon physical examination, shall be
milked last or with separate equipment; and the milk shall be discarded. Examples of such systemic
illnesses include, but are not limited to, mastitis, metritis, ketosis, fatty liver, and pneumonia.
E. Lactating animals treated with, or animals which have consumed chemical, medicinal or radioactive
agents which are capable of being secreted in the milk and which may be deleterious to human health,
shall be milked last or with separate equipment, and the milk disposed of.
F. Milk from cows treated with antibiotics must be discarded until the milk is test-negative for such
antibiotics using the Delvo-P test.
G. All cows must be tested annually for salmonellosis by fecal culture at the onset of registration, and
additions to the herd must be tested thereafter. Cows shedding salmonellae shall be milked last or with
separate equipment, and the milk disposed of until 3 consecutive fecal cultures are free of salmonellae.
H. All cows must be tested annually for Mycobacterium avium ssp. paratuberculosis (Johne' s Disease) by
serum ELIS A. Milk from cows with positive or suspect test results shall not be sold until a fecal culture
is negative.
III. REQUIRED TESTING: MILK QUALITY
A. Sampling
1. Milk shall be sampled monthly.
2. Milk from all lactating cows shall be commingled into a single sample for monthly submission
and testing.
B. Testing
1. Bacterial limits 10,000 CFU/ml (Standard plate count)
2. Coliform limits 50 CFU/ml
3. Scc