Introduction
I am indebted to Pete Kennedy, Esq. of the Farm to Consumer Legal Defense Fund for his explanation of how to legally produce raw milk in Maryland. The following is based on my understanding of what he told me. However, if there anything incorrect here, the error should be attributed to me.
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Raw milk sales are illegal in Maryland.
However, It is legal to own a goat in Maryland. It is legal to milk a goat in Maryland, And it is legal to drink raw milk in Maryland. Thus, buying a herd of goats and milking them is a legal way obtain raw milk.
Now, let's say the herd owner hires a farm manager.
The manager cares for the goats. The manager milks the goats. The milk does not, however, belong to the manager. He just works on the farm. The milk belongs to the owner of the goats.
When the herd owner comes to the farm to get his or her milk and brings it back home, the herd owner is picking up milk that belongs to the herd owner, and that has always belonged to the herd owner.
That is, there is no sale of milk, and there is no transfer of ownership of the milk.
Now, let's make one adjustment, and say there are two herds on the farm. Each herd has a separate owner. The farm manager milks each herd separately, and he stores the milk from each herd separately.
Softwine MicroFarm is owned by a partnership of microfarmers. Each microfarmer has his or her own micromanaged herd of goats on the farm. A microfarm is analogous to a micro-brewery. A micro-brewery is where people make their own custom wine, beer, cider and mead, such as is done at Maryland Home Brew http://www.mdhb.com. A microfarm is where a microfarmer has goats that "brew" milk for him.
Summary: It is legal for someone to own goats. It is legal for someone to milk the goats they own, or to have someone else milk their goats for them. It is legal for them to drink the milk. That's all the microfarmer is doing: owning goats, milking them, and drinking or otherwise using the milk.
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Notes
1. Milk sold for human consumption is highly regulated in Maryland. Raw milk sold for human consumption is outlawed. At Softwine Microfarm, no milk is sold. This point cannot be overemphasized.
2. Softwine Microfarm has independent herds. A herd can be one goat, or several. A doe is a female goat.
3. Does have to be "freshened" about once a year to keep giving milk. Typically, a goat gives birth, and starts lactating. The amount of milk produced starts out slow, peaks, then diminishes. So there's some milk for about a month, then a lot of milk for eight months, then less milk for about a month. That's over ten months. For two months before the goat gives birth again, the goat is dried up. So if a microfarmer would want milk year-round, he or she would get two goats and stagger their freshening so that they have a steady supply of milk all the time.
4. Softwine Microfarm is in a residential neighborhood. The area is zoned as farmland. It's legal to have farm animals there.
5. Each microfarmer will have their goats milked for them. The milk is stored at the farm. The microfarmer then picks it up. There is no sale of milk. The microfarmer uses the milk as they choose. Some possibilities are to drink it, feed it to their pets, and/or to make soap out of it.
6. Microfarmers are responsible for picking up their milk. There is a contract between Softwine LLC and each microfarmer. The contract specifies that the microfarmer owns part of the microfarm, owns his/her own herd, and owns the milk from their herd. Microfarmers must reside in Maryland and may not transport the milk outside Maryland.
FAQ
When will this project get off the ground?
Softwine MicroFarm is up and running on a small scale now.
Are there times a doe doesn't give milk?
In order for a doe to give milk, it has to be "freshened", that is, the goat is bred. There is a five month gestation, and then the doe kids, that is, gives birth. At that point the doe starts giving milk. She will continue to give milk for about a year, unless she is "dried up". Usually a doe is dried up two months before she kids.
After a microfarmer's initial investment to buy a herd, what costs are involved?
A microfarmer is responsible for feed for their herd, and for sharing in the cost of maintenance, insurance, veterinarian fees, and testing of the milk. About $1/day, but that amount may vary.
How much milk on average can one doe produce?
Softwine Microfarm goats are of the Nigerian Dwarf breed. A microfarmer can typically expect around a quart of milk per day per goat. This is a conservative estimate. Some goats can produce two quarts a day, or more, at their peak.
I'm a Softwine microfarmer. Softwine Microfarm is my farm and my farm animals are there. Will I have access to my property?
Yes. You will also have access online to a Softwine Microfarm video camera that monitors your property. The camera has an integrated two-way audio system that allows a microfarmer to dynamically interact with the microfarm manager. Requires a smartphone or iPad/iPod with internet connection.
This arrangement seems likes the microfarmer is boarding his animals at the microfarm. Is the microfarm a goat boarding farm?
The microfarm is not a boarding farm, Each microfarmer is a part owner of Softwine Microfarm. The microfarmer's animals are being kept on his/her own farm.
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Related article
http://www.americanfarm.com/publications/the-delmarva-farmer/archives/959-raw-milk-rides-boldly-into-silver-spring
The end of this article quotes a decision of the Maryland Court of Special Appeals. This decision is the legal basis for the approach used at Softwine Microfarm. ("Agist" means to take in and feed livestock for payment. http://www.oxforddictionaries.com/us/definition/american_english/agist)
"...the Court of Special Appeals did acknowledge that cow-share and herd-share arrangements can be valid under the law, stating that '(a) it is not illegal in Maryland for the owner of a dairy cow to drink the raw milk which that cow produces; (b) it is not illegal in Maryland to sell a fractional interest in a herd of dairy cattle; and (c) it is not illegal in Maryland for an agister to provide agistment services by boarding and caring for dairy cows owned by others.'"
Addendum
There is one more step that will be taken to ensure the legality of the microfarm. This step is not required but adds an extra layer of legal protection.
This post began by saying that raw milk sales are illegal. This is not strictly correct. It should read that sales of raw milk for human consumption are illegal. It should be noted that the sale of raw milk for animal consumption is legal.
To sell raw milk for animal consumption, all that is required is a permit from the Maryland Department of Agriculture (MDA). The permit is issued after the farmer fills out a form and submits a fee.
Softwine Microfarm will acquire such a permit and label all the milk "for animal consumption". Softwine Microfarm does not sell milk. But, if anyone ever makes the claim that the microfarm is selling milk, and a credulous judge were to agree, the microfarm can fall back on the fact that, indeed, it is legal sell the microfarm milk, since the milk is clearly labeled for animal consumption.
