The Supreme Court of Virginia rejected a farmer's herdshare arrangement in its 1989 ruling in Kenley v. Solem.Kenley v. Solem, 237 Va. 202 (1989) There, the farmer proposed to sell undivided interests in her goats for $50.00 per share plus a $3.00 daily maintenance fee that would entitle the shareholder to up to one gallon of milk per day. The court characterized this latter payment as merely a "sham payment for the gallon of milk received by the owner from [the defendant]." Virginia's administrative code at that time prohibited the sale of raw milk and milk products and still does to this day.2 Virginia Administrative Code 5-490-73; 2 Virginia Administrative Code 5-490-75
