During the question-and-answer period following my talk at the Northeast Organic Food Association-NY conference in Saratoga last month–about the government-industry campaign to rid us of raw milk–a man piped up to say he ran a herdshare operation in New York, and was wondering about the Meadowsweet Dairy case.
A herdshare in New York state? That piqued my interest. I had thought Meadowsweet was the closest thing to a herdshare New York had, with its limited-liability-company organization. I had to let him know Meadowsweet hadn’t done well in appeal–last fall it was denied its final option for appeal of a lower court decision that Meadowsweet couldn’t operate outside the state’s regulatory jurisdiction, with its 100-plus shareholders.
Afterwards, I spoke with the herdshare operator, Mike Thorpe, and he told me his is one of a handful of herdshares around the state. His herdshare has about 150 members in the Buffalo area, with a waiting list of 100. The farm has private sales arrangements covering other products and crops as well (including citrus from a second farm it runs in Florida).
He says he’s been hassled over the years by Ag & Markets, which has advised him to obtain a permit to sell milk off his farm. He says he has avoided the permit route because Ag & Markets is “trying to force permit holders out of business by finding bad bugs in their milk,” a reference to the agency’s listeria hysteria campaign over the last five years.
All of which prompted me to get in touch with Meadowsweet principal Steve Smith about where his dairy stands. He told me his LLC sold all its cows to the shareholders, who board them at Smith’s farm…as a cowshare. Moreover, the long case he and his wife, Barb, endured, actually did lead tosigns of positive judicial oversight that he feels could be helpful ongoing–in particular, limitations on Ag & Markets search warrants, which originally had been open-ended.
I have agonized for some time about whether I should report on these New York developments. Both farmers indicated they were okay with me identifying them and finally I decided that, yes, I should feel comfortable because, last I heard, we still have the right in this country to drink milk from our own cows.
I have similarly wondered if I should discuss the various state initiatives that have come up in the last few months to explicitly legalize various aspects of raw milk distribution and sales. Same fear for me: publicizing efforts to expand raw milk availability brings out the regulators, dairy industry, and various professional apologists in opposition.
But then I realized that these people are going to be out there anyway, as they have been in helping defeat initiatives in Wisconsin, Wyoming, Humboldt County, CA, and other places.
I saw where one of the anti-raw-milk apologists referred to the “raw milk lobby” pushing so many initiatives. That is truly funny. You just don’t get more grass roots than the state initiatives being pushed around the country. Maybe some day we’ll truly have a lobby–though I don’t know if that would be a good or bad thing. Probably good if its mission is securing more food rights for us.
Here is a brief rundown on the initiatives out there:
- Massachusetts: There are two proposals, one to legalize deliveries to customers of raw milk from dairies with raw milk permits. This grows out of the state’s efforts last year to shut down raw milk buying clubs that deliver milk as consumers’ agents. Another proposal would specifically allow herd shares, which aren’t explicitly mentioned in Massachusetts’ laws. This effort grows out of the state’s effort to force a one-cow herdshare run by Brigitte Ruthman out of business.
- New Jersey: The state’s prohibition on all raw milk sales would end under legislation that would legalize sales from farms with raw milk permits, as well as sanction cow share arrangements. The legislation just passed a key committee vote.
- Minnesota: Proposed legislation would clarify vague language regarding farm sales, allowing not only sales from the farm, but delivery to consumers at their homes, farmers markets, and other such community gatherings. Moreover, it would recognize such direct sales as “private contracts.” This proposal is a response to the Minnesota Department of Agriculture’s interference with deliveries to consumers from the farm of Michael Hartmann.
- Texas: Similarly, raw milk sales could be expanded under proposed legislation from the farm via private delivery to consumers.
- Wisconsin: The place where proposed legislation allowing sales from the farm suffered a big defeat last spring, with a veto by the governor, is expected to see new legislation with similar provisions. In addition, new legislation is expected that would allow unlicensed dairies with fewer than twenty cows to sell raw milk and other dairy products.
Certainly the opponents will organize. They’ll come up with all kinds of excuses–delivery is dangerous, there’s not enough testing, cowshares are a ruse, and on and on.
These opponents have a big problem–consumers mostly don’t share the anti-raw-milk hysterics that will be offered. That’s why there’s no grass roots opposition, only the opposition of paid regulators and the well financed dairy industry.
But the opposition has one important advantage. It usually has an “in” based on political ties or campaign contributions to a key legislative committee member or the governor, who must sign off on any legislation. This was the situation in the ultimate defeats in California (SB 201), Wisconsin, and Wyoming, despite evidence of widespread popular and legislative support. And this is what raw milk proponents need most to be on the lookout for.
My view is that proponents will prevail, if they’re willing to be persistent, and not be discouraged by some initial defeats in the face of well connected and financed opponents. Each time proponents come back, they come back stronger, with more legislators convinced that opposing food freedom is a losing proposition with voters. Eventually, the opponents will come to realize this issue isn’t going away. Eventually, they’ll decide to do what’s right, and safe for consumers, and they’ll work constructively with dairy farmers and consumers to do what’s sensible.
***
Might there be another way to help small food producers escape the burdens of the new federal food safety legislation? A group in Vermont is pushing “food sovereignty” as a means of avoiding a takeover of the state’s food regulating powers by the U.S. Food and Drug Administration. As I understand it, legislation providing such sovereignty would exempt all producers whose food is sold on an intrastate basis. That would cover raw milk as well. The federal food safety legislation signed into law by President Obama last month allows for small-producer exemptions based on a complex formula according to whether producers have revenues under $500,000 annually and sell at least 50% of their products directly to consumers.
***
What am I bid for a beautiful painting of a group of raw milk guys? Actually, Max Kane, the Wisconsin raw milk advocate and buyers club owner under threat of being jailed for refusing to provide the state with information about his customers and farmers, is asking that question.
He commissioned a painting, shown above, of five of us raw milk types gathered after Kane’s trial on contempt of court charges. He plans to use the funds he raises to further the cause of food rights. More info here. I must say, I never imagined myself showing up in any kind of oil painting portrait.
At the official unveiling of this gorgeous oil painting in St. Paul last weekend I was shocked and proud and came to tears as Max told the story of how this painting came to be….it was strife, and struggle, cold and the near death of presidential candidate Badnarick who was in Wisconsin to help fight for raw milk. It was also a day of joy as Max did not go to jail, we toasted with Scotts raw milk, and Badnarick arrose from clinical death after paramedics
( got to love those paramedics ) and ER doctors worked miracles and saved his life after 40 minutes in cardiac arrest. That was all in one day of RAW MILK battle in Wisconsin.
This painting came from a series of pictures that really show the personas of some pretty tuckered out raw milk guys after the day was done ( Max, Scott Trautman, David Gumpert, Me, and Mike Schmidt ). Many are missing from the glory of this bigger picture….Ed Shank, Gary Cox, Tim Wightman, Pete Kennedy, Sally Fallon and the list goes on and on….( I apologize for missing your names ). Although the greater list of people were not there that day….they were in our hearts and helped us all pray that good things would happen and they did.
I found this little piece that you can not miss. When ever anyone says that they trust the FDA….here is the answer. This is exactly why we the people do not trust the FDA warnings about raw milk or anything else. If the FDA ever wants to regain its integrity….all they have to do is watch this and stop taking bribes and "change to reflect the truth and real health".
Fake sugars and fake gasoline based food coloring is not fruit.
http://naturalnews.tv/v.asp?v=7EC06D27B1A945BE85E7DA8483025962
When someone can afford it….the same analysis can be done on things like nonfat…half and half. The dairy industry needs a revolution. The dairymen need to fire everyone that represents them after their milk leaves the farm….they are a bunch of criminal, cheats and liars.
The FBI even says so!!!! ( Deans food criminal settlement for $30 million dollars last year )
Mark
Think of it as the yin and yang of food safety.
Washington State:
http://www.marlerblog.com/case-news/washington-state-legislature-may-consider-loosening-raw-milk-rules/
And, Oregon:
http://www.marlerblog.com/case-news/on-a-day-that-wyoming-kills-herdshares-oregon-quietly-introduces-raw-milk-legislation/
Do you really think the painting is worth more than $5,000?
Let us hope that legislators and regulators bear in mind the concepts of individual sovereignty and private contracts as the legislation goes through its channels. I decide what goes in my mouth (and my children's mouths), not them.
I appreciate your bid and offer for the painting. When I spoke with Max he shared with me that the opening bid is $7500.
I am getting ready to unleash the droves of CA raw milk consumers to bid as a group on this painting and run up the offer to a huge number.
All of us can do so much more than any one of us.
My daughter Kalaigh has thousands of OPDC Face Book followers and Friends. If each of these consumers contributes $10 each we could gather tens of thousands of dollars.
OPDC is about to annouce the ground breaking of our new Creamery. It will be "The Raw Milk Creamery Built by the People". Lots more on this later. Our growth has been incredible, especially when considering the economy. This new creamery will have a museum of Raw Milk History and an educational facility for consumer education. I will be challenging our CA consumers to Get That Painting for the museum. Max has already donated his bicycle that he drove across America on his Raw Milk Mission two years ago.
I really appreciate your good will and offer to drive up the bids and also contribute to STOP. After considering the offer and the contribution to STOP, I decline for now. STOP does not support immune developement in children and as a result STOP encourages further immune failure resulting in real illness in our American kids. STOP is a PETA like organization against all bacteria. If anyone has heard the science as explained by MIT and Dr. Bonnie Bassler, any board thoughtless war against all bacteria is homocidal….STOP thinks that one coliform in our food should be a criminal offense.
I will be placing all of our resources to further education and the building of the New Creamery…which will incorporate all of the lessons of the last 11 years of raw milk experience. It will be the Raw Milk Mecca and model that everyone in the movement can visit and look too as an example. SB 510 also helps drive this new creamery. I want to be far ahead of the FDA and make them proud and their jaws drop when they arrive.
Look forward to the announcement very soon with all of the details….it is going to be very very exciting.
Mark
Nation's largest farm groups join together to fight bad publicity, improve farmers' image
http://www.startribune.com/nation/114918819.html
Pollan tried his best to balance grass fed meats but Oprah just went off the edge.
I was impressed by Cargill. They did a great job handling the hardest beef slaugter subject matter. They were honest and told the whole story. Sadly, Pollan did not talk of grass fed fats. Again missing the critical point about CRP and inflammation and good animal fats
Mark
http://onlinelibrary.wiley.com/doi/10.1111/j.1530-0277.2001.tb02236.x/abstract
There we go, I figured it out… we just need to drench our soft raw milk cheeses in booz. That will take care of any listeria that might be there.
No joke!
poisses de Bourgogne is a cheese made in the village poisses found in the commune of Cte-d'Or, a dpartement of France. It is located around halfway between Dijon and Auxerre.
Commonly referred to as poisses, it is a pungent unpasteurized cows-milk cheese. A washed-rind cheese (washed in marc de Bourgogne, the local pomace brandy), it is circular at around either 10cm or 18cm in diameter, with a distinctive soft red-orange colour. It is sold in a circular wooden box, and is best served with a good red Burgundy wine, or even Sauternes.
http://www.thedaily.com/page/2011/01/27/020311-news-amish-milk-1/
https://secure.humanesociety.org/site/Advocacy?cmd=display&page=UserAction&id=4821
Ugh, I get so discouraged sometimes!
Congrats to Ed for a chapter well managed. Potential Lemons into Organic Sweet Lemonade and more importantly, the message has been sent to all of his wonderful customers…. Shank cares….and his actions show it deeply.
Mark
http://www.marlerblog.com/case-news/the-country-market-recalls-raw-milk-because-of-possible-health-risk/
cp
I also deeply believe that there will be a continued natural sorting out of those producers that take food safety very seriously and those that do not. There are many controls for raw milk in our culture. The threat of Marler is probably the strongest control. Then comes loss of insurance, then sick consumers and bad brand reputation, then comes regulatory shut down and media abuse. These are not in any sort of order. SB 510 is probably in last place…. it is after the fact.
Our government generally regulates by exception and not pre-emption.
Let the Darwanism of production and consumption begin. When Ed, Mike, Scott, David and I all speak of the essential role of Food Safety programs, we really speak from a place of sincerity. The loosy goosy raw milk movement is its own worst enemy. Darwin sorts out those that do not run as fast, clean as hard or think as clearly as others. The survivors will have food safety plans….trust me and trust us on this.
This is very serious. What RMAC has done is excellent and they should be commended.
Learn, adapt or be eaten.
Mark