|
A herd share, frequently referred to as a cow share, but also known as a farm share, goat share, or dairy share, is a contractual arrangement between a farmer and an owner of livestock - the shareholder - through which the shareholder is able to obtain raw milk, meat, offal and other profits of the livestock proportionate to the shareholder's interest in the herd.〔(【引用サイトリンク】url=http://www.realmilk.com/herdshares/ )〕 A herd share enables consumers to obtain raw (unpasteurized) milk in a jurisdiction that may otherwise prohibit the sale of raw milk. Parties may also choose to enter into herd share agreements even in jurisdictions that do permit some type of raw milk sale because a herd share may provide a more economically secure business model for a dairy farmer than conventional dairy farming otherwise would provide for. No jurisdiction in the United States bans either the production or the consumption of raw milk. However, a few states restrict to varying degrees the sale of raw milk. Seven states in the United States expressly permit herd share arrangements while four states expressly prohibit herd shares. In the last decade, legislatures in three states have passed laws expressly permitting herd shares. However, courts in several states have struck down herd share agreements finding that the agreement was little more than an impermissible sale of raw milk. ==Terms of the herd share agreement== Under the terms of a herd share agreement, the shareholder purchases a share of a dairy farmer's herd and receives a portion of either the product or the profit of the herd proportionate to the shareholder's corresponding interest. Unlike a direct sale of raw milk for consideration, a shareholder pays a one-time fee in exchange for her undivided interest in the herd. This is the purchase agreement or the bill of sale. In addition to the bill of sale, the shareholder pays a monthly boarding fee that covers the farmer's cost for labor and maintenance of the herd. For example, if the farmer has one cow valued at $800, the shareholder may purchase a 1/25 undivided interest in the herd (or here, a single cow) for $32.00. The parties would execute a bill of sale transferring a 1/25 ownership stake in the cow from the farmer to the shareholder in exchange for $32.00. If the cow produces 30 gallons of milk per week, the shareholder may choose to receive up to 1 and a 1/5 gallons of milk per week (30 gallons of milk divided by 25 possible shares). If the cow is slaughtered, then the shareholder may also be entitled to 1/25 of the meat or the value of the meat. If the cow is shown at a competition and wins a prize, the shareholder may choose to receive up to 1/25 of the value of that award. In addition to both the bill of sale and the boarding fee, the herd share agreement may include terms for a trial period, collection and storage of the milk, care of the herd, maintenance of the farm, liability, default, and risk of loss. Terms for the boarding, care of the herd, and handling of the milk may be separate documents. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Herd share」の詳細全文を読む スポンサード リンク
|