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________
Capital letters indicate new material added to existing statutes; dashes through words indicate
deletions from existing statutes and such material not part of act.
SENATE BILL 05-055
BY SENATOR(S) Johnson, Isgar, Entz, Hanna, Shaffer, Spence, Teck,
Tupa, Williams, and Windels;
also REPRESENTATIVE(S) Hodge, Larson, Lundberg, Plant, Coleman,
Frangas, Madden, Penry, Schultheis, and Stafford.
CONCERNING LIMITED DISTRIBUTION OF RAW MILK TO CONSUMERS WHO
HAVE A CONSENSUAL OR CONTRACTUAL RELATIONSHIP WITH
PRODUCERS
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Part 1 of article 5.5 of title 25, Colorado Revised
Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:
25-5.5-117. Raw milk. (1) THE ACQUISITION OF RAW MILK FROM
COWS OR GOATS BY A CONSUMER FOR USE OR CONSUMPTION BY THE
CONSUMER SHALL NOT CONSTITUTE THE SALE OF RAW MILK AND SHALL NOT
BE PROHIBITED IF ALL OF THE FOLLOWING CONDITIONS ARE MET
:
(a) THE OWNER OF A COW, GOAT, COW SHARES, OR GOAT SHARES
SHALL RECEIVE RAW MILK DIRECTLY FROM THE FARM OR DAIRY WHERE THE
COW
, GOAT, OR DAIRY HERD IS LOCATED AND THE FARM OR DAIRY IS
REGISTERED PURSUANT TO SUBSECTION
(2) OF THIS SECTION. A PERSON WHO
IS THE OWNER OF A COW SHARE OR GOAT SHARE IN A COW
, GOAT, OR DAIRY
HERD MAY RECEIVE RAW MILK ON BEHALF OF ANOTHER OWNER OF THE SAME
COW
, GOAT, OR DAIRY HERD. A PERSON WHO IS NOT AN OWNER OF A COW
SHARE OR GOAT SHARE IN THE SAME COW
, GOAT, OR DAIRY HERD SHALL NOT
RECEIVE RAW MILK ON BEHALF OF THE OWNER OF A COW SHARE OR GOAT
SHARE
.
(b) THE MILK IS OBTAINED PURSUANT TO A COW SHARE OR A GOAT
SHARE
. A COW SHARE OR A GOAT SHARE IS AN UNDIVIDED INTEREST IN A
COW
, GOAT, OR HERD OF COWS OR GOATS, CREATED BY A WRITTEN
CONTRACTUAL RELATIONSHIP BETWEEN A CONSUMER AND A FARMER THAT
INCLUDES A LEGAL BILL OF SALE TO THE CONSUMER FOR AN INTEREST IN THE
COW
, GOAT, OR DAIRY HERD AND A BOARDING CONTRACT UNDER WHICH THE
CONSUMER BOARDS THE COW
, GOAT, OR DAIRY HERD IN WHICH THE
CONSUMER HAS AN INTEREST WITH THE FARMER FOR CARE AND MILKING
,
AND UNDER WHICH THE CONSUMER IS ENTITLED TO RECEIVE A SHARE OF
MILK FROM THE COW
, GOAT, OR DAIRY HERD.
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