One of the points I emphasized during my talk at the Weston A. Price Foundation Saturday evening is that not only are we in the midst of a war over raw milk, but that we’re at a possible turning point in the struggle.

In the smoke and blur of war, though, it can be difficult to gain perspective. Blair McMorran takes note of this phenomenon in her comment following my previous post: “Wisconsin might legalize raw milk, and the Feds want to regulate it?… Seems to me like the pavement is cracking and there’s some weeds pokin through. But maybe I’m naive.”

I agree that this war’s situation map has become quite confusing. Efforts to make raw milk more available are moving forward in a couple states like Wisconsin (to legalize the sales from the farms of Grade A dairies, many of which have long been selling raw milk informally or via herdshares) and New Jersey (to reverse a long-standing ban on raw milk sales). Idaho is moving to make sales more difficult.

But while these local struggles are going on, the enemy is moving in with an attempted surgical strike to render the whole situation moot. The last-minute push by two big dairy trade organizations to make raw dairies subject to the rules of the food safety legislation currently speeding through Congress could be the equivalent of a knockout punch. Here’s the problem:

The food safety legislation moving through Congress appears to give the U.S. Food and Drug Administration authority over food producers, regardless of whether or not they’re involved in interstate commerce—in other words, over intrastate commerce. By throwing raw dairy producers into the mix, you’re suddenly subjecting them to regulation by the U.S. Food and Drug Administration, as in John Sheehan, notorious head of the agency’s Division of Plant and Dairy Food Safety, and most famous for his statement, “Consuming raw milk is like playing Russian Roulette with your health.”

Call up the image you want—end run, letting the fox into the chicken coop, wolf in sheep’s clothing—it spells disaster.

This push by the dairy trade groups against raw milk producers is an explicit acknowledgment of their ever-more-serious about the rapid expansion of the raw milk marketplace. For them, this move is a marketing maneuver–squeeze the competition. But for raw dairies, it could be a disaster.

If it fails, it should serve as a wakeup call to raw dairy producers to organize themselves into a private association committed to developing serious safety standards and lobbying for the interests of raw dairy farmers. Scott Trautman, the Wisconsin dairy owner who lost his dairy license recently, is pushing for such a group. He writes on his blog: “I am working on a Professional Raw Milk Producers Association: guidelines for safe production of healthy raw milk for people, when they will never be able to breathe, ‘We made children sick.’ What we do now is good: what we will do in the future will be astounding.”

He’s getting backing from Mark Kastel, head of Cornucopia Institute, the increasingly influential national organization devoted to seeking justice and economic opportunity for small farms. Mark told me he thinks a private association, modeled on the California Leafy Greens Marketing Agreement, which has authorization from California and Arizona to conduct audits and inspections of its members—and leave the government inspectors on the sidelines.

I just hope it isn’t too late.

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If you want to get opponents of raw milk upset, show them pictures of children consuming raw milk. Now it seems there’s a video that’s appeared on YouTube that stokes those fires very well. It shows children at the recent Weston A. Price Wise Traditions conference this weekend chanting, “We want raw milk!”

A blogger on a food poisoning site licked his chops when he saw it. “Shameless exploitation…like the line-dancing instructor shouting out fascist routines, these kids are being paraded and chanting…”

I’m not sure who put the video on YouTube–I don’t think it was great judgment if, indeed, it was put up by a raw milk proponent. But it’s also clear these kids aren’t doing anything inappropriate. They aren’t demonstrating in front of opponents. In fact, they’re in a nearly-empty hotel corridor that is host to a gathering of raw milk proponents. Maybe it’s just kids who’ve been raised on raw milk, whose parents believe in freedom of choice. But when it comes to raw milk, as we know, everything seems to become political.

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Michael Schmidt, the Canadian raw dairy producer awaiting a verdict on his trial in connection with violating Canada’s raw milk regulations, will get a new defense. The Canadian Constitution Foundation, which sounds like the equivalent of the American Civil Liberties Union, will take on his case, and any appeals associated with the outcome of the trial, expected to be announced early next year.

“This is about the rights of Canadians to choose a product that is safely consumed by tens of thousands of people around the world. It’s also about the right to earn an honest living free from government regulations that are unnecessary, unreasonable and unfair,” said CCF Litigation Director Karen Selick.

“There have been huge technological improvements in refrigeration, transportation and pathogen testing, in addition to the entrenchment of individuals’ constitutional rights. Consumers who want freedom of choice expect their government to make the transition to the twenty-first century and to respect their rights,” added Selick. Right on.