The fear-mongering echo chamber that is the Internet’s food safety arena is abuzz with news about a Massachusetts raw milk drinker who contracted brucellosis.

The MarlerClark law firm’s Food Poison Journal headlines, “Twin Rivers Farm Raw Milk Linked to Brucella Illness”. It said that “a local farm’s raw milk could be contaminated with Brucella. Brucellosis, also called Bang’s disease, Crimean fever, Gibraltar fever, Malta fever, Maltese fever, Mediterranean fever, rock fever, or undulant fever, is a highly contagious zoonosis caused by ingestion of unpasteurized milk or meat from infected animals or close contact with their secretions. Twin River Farm in Ashley Falls is the subject of a DPH investigation after a suspected human case was reported by an individual who had contact with the farm.”

“Did Massachusetts Man Contract Brucella Infection from Raw Milk?” asks Fred Pritzker’s Food Poisoning Law Blog. It reports that the Massachusetts Department of Public Health issued an alert Friday that a man who drank raw milk from Twin Rivers Farm in Western Massachusetts received a preliminary diagnosis of brucellosis. “The patient purchased raw milk from a Twin Rivers Farm in late December.”

(From the Veterinary Public Health AssociationIt turns out the situation isn’t as clear-cut as the law firms might like to believe. Here are a few facts that weren’t in any of their accounts:

* The person who became ill was the dairy’s owner, Robert Kilmer, not just someone who happened to have “contact with the farm” or who “purchased raw milk…”

* The dairy in question, Twin Rivers Farm, is primarily a conventional dairy, which sells the vast majority of its milk from about 120 milking cows to processors for pasteurization and other processing.

* The dairy sells a small amount of milk unpasteurized to local residents of the area–maybe 20 gallons a week–and none of them have reported symptoms of illness. “A few local people wanted me to sell raw milk,” Kilmer told me. So he obtained a state permit about three years ago.

* The dairy has for many years vaccinated its calves against brucella.

* The dairy has long maintained a closed herd to guard against the introduction of disease.

* Regulators have yet to do any testing–of the milk, the animals, or the herd, so there’s no way to know if raw milk was the culprit, or whether there might have been some other association Kilmer had with the animals. For example, brucellosis can be passed through cows’ reproductive fluids, during the birth of a calf. Or perhaps Kilmer had contact with an infected animal off his farm.  

Kilmer does drink raw milk from his herd, he says, as do most dairy farmers, even if they are selling milk for processing.   

Regulators from the Massachusetts Department of Agricultural Resources and the Department of Public Health will be visiting the farm tomorrow (Monday) to do tests on his herd and on his milk. “There is no way in hell there should be brucellosis in this herd,” Kilmer told me. He’s owned the farm for twenty years, and the previous owner had it for thirty years, without any signs of brucellosis or other diseases. Indeed, reports in the local media indicate brucellosis hasn’t been seen in Massachusetts for at least two decades.

Kilmer says he first began experiencing flu-like symptoms shortly after Christmas. Generally, the fevers and muscle aches would occur in the afternoon and at night, and disappear during the day. Eventually, after ruling out such illnesses as mononucleosis and strep throat, his physician sent him to a specialist in infectious diseases, and the diagnosis came through late Thursday, leading the Massachusetts Department of Public Health to put out an alert late Friday. (I have not been able to locate the actual alert that has been used by the law firms and local media.) Kilmer is currently on two antibiotics that he will need to take for 90 days.

Kilmer has a dispassionate view about raw milk. “Someone very young, below the age of two, should not drink raw milk,” he says. “Their immune systems aren’t well enough developed.” But he thinks others should have the choice, and says the arguments of the opponents “kind of crack me up…since most of the diseases you might get are easily treated.”

In any event, he is not pleased about the law firms and media immediately linking his illness to raw milk. “This is a total fabrication,” he said. “It has not been found in the milk. It has been found in me.” (One local publication has played the situation accurately.)

I guess Kilmer doesn’t understand that the product liability law firms can’t wait for the facts, since they are in intense competition for new business, and don’t care if they taint a farm or other business in their rush to get out marketing promo (er, excuse me, news).

Nor does he understand that the anti-raw-milk crowd lusts for illnesses that can be attributed to raw milk, and can’t take time to find out the real situation and possibly let the facts interfere with the agenda at hand.

***

A new phase in Wisconsin’s relentless war on raw dairy should be starting up shortly. According to news from the food safety chief at the Wisconsin Department of Agriculture, Trade, and Consumer Protection, Steve Ingham, he has new prosecutions or enforcement actions planned against additional farms besides that of Vernon Hershberger, the farmer accused of misdemeanors for making available raw milk to private food club members. Ingham is quoted in Agri-View as saying, “At present there are between five and ten cases where we know there may be a problem. The cases are in different stages of review and information has been shared with FDA and with county district attorneys. There are other cases where we are still in the data collection process.”

In the meantime, Hershberger has filed a motion for dismissal of his case. It argues in part, “The State has no evidence that the private foods from the farm were sold to the public, because none was. There was no claim by the public that the food caused anyone harm. There was no injured party. This lawsuit lacks the elements of causes of action and is defective.”

Moreover, he argues that Wisconsin’s dairy laws allow for consumption of raw milk by “by the owner or operator of the farm, or members of the household or nonpaying guests or employees…” He contends: “Since March 2010, the products we grow are not sold, ever. The food we produce is consumed by the farm owners and their families only; the farming families and no one else. Any payment the family receives from owners is a contribution for my family’s managing and executing farm chores and needs, that is labor, supplies and overhead costs only. In the spirit of cooperation and understanding, several times we notified DATCP of our new standing and separation from it and our eliminating all standard toxic health-department regulations. DATCP’s Complaint is a retaliation for our separation from overextended State authority and control for which we are protected by the 10th Amendment of the U.S. Constitution.”