I have to admit I sometimes feel sorry for Scott Soares, the commissioner of the Massachusetts Department of Agricultural Resources. This guy, by all accounts, has been a supporter of small farms in Massachusetts. As recently as last December, he sent a strong letter of support for dairy farmer Doug Stephan to the Framingham Department of Public Health.

“It is no secret that the size of the dairy industry in Massachusetts has decreased over the years,” he wrote in the December 15 letter. “Availability of land based on property values and federal milk pricing rules that affect profit margins have played a significant role in this transition. One silver lining on this cloud has been the success of a number of dairy farmers who have dedicated a portion (if not all) of their operation to producing raw milk for retail sale. There is a growing demand for raw milk by enthusiasts who have been willing to compensate farmers at rates that provide a profitable enterprise for dairy producers. Consequently, there has been an increase in the number of raw milk dairies in Massachusetts now represented by 15%, or 27 of the dairy farms in Massachusetts. The Department is keen on ensuring this economically viable option remains open to producers throughout the
Commonwealth.”

As it turns out, the MDAR remained “keen” on supporting raw dairy producers for only another few weeks. Beginning in January, MDAR began its crackdown on buying clubs, and in the process, threatened that fragile “silver lining,” as described by Soares, in an otherwise depressed, and depressing, dairy industry.

Soares has conjured up a number of reasons for the change of heart. He’s spoken at various times about protecting the Massachusetts “dairy market,” a euphemism for Big Dairy, and he’s talked about concerns that raw milk transported by buying clubs won’t be kept at appropriate temperatures, and then he’s seemed to back off these excuses. But on two matters, he has remained consistent:

1. He says he wasn’t reacting to pressure from the Massachusetts Department of Public Health.
2. He argues that the buying clubs “have always been illegal” and that he began cracking down on them as soon as he learned of their activities earlier this year.

Now, some documents have become available that indicate Soares hasn’t been forthright about these matters, either.

On the first issue, that he wasn’t reacting to pressure form MDPH, it turns out that agency on January 7 wrote MDAR a letter essentially demanding that MDAR crack down on buying clubs. “The MA Department of Public Health (DPH) has become aware that existing Department of Agricultural Resources (DAR) regulations…which limit the retail sale of raw milk to farm locations, may be being circumvented, through the distribution of raw milk buying clubs such as Just Dairy Farm Direct Buying Club and Granny B’s Raw Milk Buying Club. The result is that consumers are being supplied with a product that is known to be dangerous to public health, without the minimum safeguards that exist for on-farm sales of raw milk. DPH is concerned that consumers are being misled by the proponents of raw milk.”

Within three weeks, MDAR sent its cease-and-desist letter to Just Dairy and Granny B’s.  

As for the second contention, that buying clubs have always been illegal, Soares has said a number of times, including to me, that he had no awareness of their existence until January of this year. Yet Cyndy Gray, the owner of Just Dairy, says she has had regular communication with a number of MDAR officials who preceded Soares since she started up in 2003. She also produces minutes of a meeting Soares attended with the Northeast Organic Farming Association of MA in 2008, when he was assistant commissioner. He attended with at least four other MDAR officials, and the minutes show MDAR recommending that NOFA/Mass “encourage consumers to buy directly from the farm and not through a buying club,” but that “drivers of buying clubs should have HACCP plans.”

That hedging may well have been prompted by MDAR’s appreciation that Massachusetts laws and regulations don’t explicitly prohibit buying clubs. Indeed, an email that has just become available has a high-ranking MDAR official explaining to MDPH just that reality. The January 21 email from Michael Cahill, MDAR’s director of animal health, and the individual who signed the cease-and-desist letters to the buying clubs, is addressed to three MDPH officials and seems to be a response to the Jan. 7 letter demanding MDAR crack down on the buying clubs:

“After reviewing the Department’s regulations, there appear to be deficiencies within the existing framework when addressing issues like carpooling raw milk. There is no direct language that requires the sale of raw milk to be directly from the farm…With the assistance of my legal services division, we have submitted amended regulations to the secretariat for approval.”

A proposed regulation, explicitly prohibiting buying clubs, was submitted, and then abruptly withdrawn a week ago Friday, just prior to a scheduled hearing last Monday.

It’s been assumed that the proposed regulation was withdrawn because of overwhelming opposition from consumers. But that may be overly simplistic. More on that upcoming.

As I said at the start of this post, I sometimes feel badly for Soares, since he seems to have been a friend of farmers. Unfortunately, the guy has contradicted himself and misled others so often, I don’t suppose he knows what the real story is any more behind his turnaround from raw milk supporter to opponent.  The effort by NOFA/Mass. to throw the commissioner a bone in its decision described in my previous post to discourage consumers from attending the hearing last week was clearly misplaced, since he’s not calling the shots on this issue. To illustrate the point, I dusted off an illustration I last used two years ago, during the California hearings over SB201; can you guess who represents MDAR and who represents MDPH?

It does seem clear, though, that he fears the people in public health who have become obsessive about raw milk over the last year. What’s behind that obsession? It can’t have anything to do with public health, since Massachusetts hasn’t had any illnesses attributed to raw milk in a dozen years or more.

No, I feel much more badly for Cyndy Gray, the owner of the Just Dairy buying club. She started her enterprise seven years ago from the back seat of her car, with tacit MDAR approval, and has seen it grow into a serious operation, along with the booming interest in raw milk. Now, Soares is willing to sacrifice her and other buying clubs, along with the state’s raw dairy farmers, presumably to ease pressure from MDPH and save his own job. The good news for Cyndy, if it can be called that, is she has documentation from MDAR that its cease-and-desist letters are a bunch of hot air. As the cop who gives you an unwarranted traffic ticket might say: tell it to the judge.

It would be nice if the challenge around raw milk and food rights were really about safety, as Concerned Person and Lykke argue. Then, you could push for greater cooperation by public health officials and dairy owners. But clearly, what’s going on in Massachusetts has nothing to do with safety, and a lot to do with the political, power, and business agendas of a few people. The whole thing feels rotten. And we’re not even near the core of this bad apple yet.

(Thanks to Cyndy Gray and the Organic Consumers Association for obtaining the MDPH letter and MDAR email.)

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Supporters of raw milk in Wisconsin are planning a rally tomorrow at noon on the Capitol steps in Madison, urging Governor Jim Doyle to sign legislation passed by both the Assembly and the Senate, that would allow dairy farmers to sell raw milk directly to consumers on their farm. The governor is reportedly under growing pressure by the same kind of political, power, and business pressures at work in Massachusetts, and has wavered from his earlier commitment to sign the legislation.  Under the Wisconsin legislation, farmers would be required to have a Grade A dairy license, and a special permit from the Department of Agriculture, Trade and Consumer Protection (DATCP).  Monthly testing of the milk would be required, and farmers would have to keep a customer list and log of who purchased milk.  

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I saw a disturbing documentary last evening, “Collapse”, that relates to many of the discussions on this blog. It’s essentially a gripping monologue by author Michael Ruppert (who wrote the book, Confronting Collapse), arguing that the notion of unlimited growth is running up against the reality of limited oil supplies. It’s something many of us have long sensed, but what makes the documentary so compelling is that he makes a strong case it’s all happening right now, before our eyes, and will only get much worse over the next few years. What made me take notice was his allusions to the debt problems of Greece and other European countries…a year ago, when the documentary was produced.

He also argues against the notion that our scientists and economists can somehow “fix” the rapidly escalating problems of dysfunction. The obsessive push by public health people to limit or ban raw milk availability is symptomatic of this notion, and the catastrophic Gulf oil spill an obvious argument against. In the coming chaos, the most valuable commodities will be locally produced food and gold coins, argues Ruppert.