# LLC for small on farm sales



## ddefrance (Apr 27, 2010)

I live in New Hampshire where it is legal to sell raw milk from your farm or at markets (up to five gallons per day) without a grade A license as long as it is properly labeled. I am interested in selling a bit of my excess milk, perhaps a gallon a day, on a very casual basis (word of mouth, etc). I am, however, extremely nervous about litigation. I am considering incorporating into a LLC just to sell a gallon of milk a day, which seems completely insane/overkill. Am I being paranoid? Even if the law protects me -- completely legal to sell the milk raw -- would you consider it too risky?

Incorporating is not that big of a deal, but then I would need legal advice on how to manage the does so that adds to the hassle. Are they in the LLC name? My name? How does ADGA handle the registration for showing, etc? Can I show the does if they are owned by an LLC? 

Personal stories would be greatly appreciated, this is all very confusing.


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## nightskyfarm (Sep 7, 2009)

Hello Daun,
Even though at this time it is legal to sell raw milk in NH without a dairy permit, I would not count on that being the case forever. The laws they are a'changing and we may not be able to do much about it. My suggestion is that you join up here with the FCLD org http://www.farmtoconsumer.org/ and get informed, then decide whether or not to form the LLC. In a lawsuit, the plaintiffs will sue any and everybody, so the fact that you are a LLC is not going to keep you, personally out of a lawsuit. Even if your milk is pristine, how the customer handles it can change the bacteria levels and possibly make them ill. That is something you cannot control. Raw milk has become a dangerous business to be in these days. Think carefully about your milking practices, your customers, how you market your milk to attract the best customers and if it is worth it to you if someone claims illness. There are so many other things to do with your extra milk; cheese, soap products, raise calves or piggies then sell the meat etc.....on a gallon a day.


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## ddefrance (Apr 27, 2010)

Thank you, Jennifer. You bring up a very good point. Is it worth the possible risk for such a small amount??

After I posted this, I saw this thread: http://dairygoatinfo.com/index.php/topic,16361.0.html from someone in a similar situation in Arkansas.

I am a very small operation and I provide diversified meats and eggs as well, mainly to friends and all word of mouth, just to offset my own costs. Everything is done legally and officially. I feel like if I cannot provide a small amount of milk to these families, out of fear, when it is perfectly legal, "the terrorists have already won!"  Does that makes sense? We all enjoy healthy, raw milk and sing its praises, but for families who cannot provide their own stock, it is getting difficult for them to secure it. If we give into fear, even fewer people will provide it?

I am just getting philosophical at this point. The reality is that I have already submitted an application to the FCLD org and I support them 100%. I will talk with a CPA.

I very much appreciate your input and perspective, Jennifer. Thanks for taking the time to write it down!


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## buckrun (Mar 7, 2008)

Be safe- move to Arkansas! :biggrin
Would it help any to print labels for your jugs that say something like buyer be ware- pet use only? 
That is how some Texas gals have done it.
You cannot be held responsible if people drink their pet food!

Welcome to the forum. Let us know what you decide to do. 
Lee


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