All we have to do is consider the government’s arguments in preserving California’s ten-coliform-per-milliliter standard to appreciate how far out the Human Microbiome Project really is.

As several readers pointed out following my previous post, a California state court judge rejected the arguments of the state’s two main producers of raw milk, Organic Pastures Dairy Co. and Claravale Farm, for an injunction to prevent enforcement of AB1735.

While the Farm-to-Consumer Legal Defense Fund will presumably appeal the decision, getting a judge’s decision overturned is never easy. Especially when the state is invoking the image of young and old citizens dropping dead from raw milk, as reported in the Fresno Bee article.

As the Fresno Bee reported, Michael Payne, the University of California “expert” who testified incoherently in the recent state senate hearings on raw milk, was the state’s star witness. The state’s lawyer concluded: “There is a very real harm from potential pathogens that are dangerous to the elderly and children,” the state’s lawyer said.

I expect the focus will now shift, as the judge in the case suggested it should, to the legislative side of things. In the California Senate, Dean Florez has been moving ahead with a legislative proposal to lift the coliform standard and require individual dairy safety production plans.

Yet here as well, I suspect the path could be bumpy. It’s much tougher to undo a fear-based law than it is to put it in place. Hopefully Sen. Florez has lots of influence to go along with his persuasion skills. He’s going to need both, because now he’ll have to overcome the anti-raw-milk argument that a court has refused to undo AB1735.