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Senate approves cow-share bill exempting joint owners from dairy statute amid public-health debate
Summary
Under HB 104 the Senate amended state law to allow cow-share ownership (limits: two cows, 10 goats, 10 sheep) and exempt joint owners from the Dairy Act provided milk is not sold in retail; lawmakers debated public-health safeguards and whether the Department of Agriculture should retain rulemaking authority.
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The Senate passed House Bill 104, which removes a prohibition and extends an exemption from the Dairy Act to joint owners participating in a cow-share program.
Sponsor Senator Madsen said the bill "removes a prohibition which prevents people from participating in a cow share program" and framed the measure as protecting property rights for people who co-own livestock. The proposal requires boarding or bill-of-sale documents to remain with the operator at the animal's location, forbids distribution of milk in retail or for profit, and caps cow-share holdings at two cows, 10 goats and 10 sheep.
Opponents and questioners raised public-health concerns, including the risk of disease transmission and the role of regulatory oversight. Senator Van Tassel offered an amendment to strike a phrase that would have prevented the Department of Agriculture from adopting rules; he said the department should retain the ability to write rules "if there becomes a problem with spreading of disease or public health." That amendment failed on a recorded vote, and supporters argued the language limiting agency rulemaking was essential to preserve the bill's property-rights principles.
Supporters noted the bill was drafted with input from the Department of Agriculture and Food and said the Dairy Association testified it did not oppose the legislation. The bill requires notification of cow-share operations to the Utah Department of Agriculture and Food.
Under the bill's final language, joint owners are exempted from the Dairy Act when milk is not sold in a retail environment. The Senate passed the bill under suspension of the rules and returned it to the House for final action.
The next steps: the House will receive the Senate changes and act according to the usual legislative process.
