I would like to begin by acknowledging Regulator’s “gotcha” request of me following my previous post concerning split samples (two or more samples from the same bulk tank) of raw milk yielding different results on pathogen presence: “Please support this statement with even one instance when a split sample tested by both PA’s state lab and a private lab resulted in PA’s state lab reporting a positive pathogen finding and the private lab reporting a negative pathogen finding. You will not be able to. It has never, ever happened.”

Regulator is correct. I don’t have any examples of split samples that have resulted in a positive test for a pathogen by Pennsylvania regulators and a negative test by an outside lab. The best I can do is in New York state, where it occurred with Lori McGrath. In Pennsylvania, Dennis Wenger recounted at the CARE meeting that when he finally did a split sample, at the time of the state’s second test for pathogens, both tests came back negative for pathogens, but with significant discrepancies for standard plate count.

Now that I’ve answered the question for Regulator, I’d like to ask him/her a couple of related questions: How often has the state sought the confirmation of a state-sanctioned private lab to confirm a finding of listeria or salmonella in Pennsylvania raw milk? How often has the state taken this tiny precaution prior to shutting down a raw dairy, depriving it of all income for an indefinite period, and permanently tainting the dairy by publicizing the state’s finding on the Internet? I’ll venture that the answer is the same: “It has never, ever happened.”

Per Steve Bemis’ 11 Great Thoughts, “single pathogen positive” isn’t the most conclusive pathogen-testing protocol—most conclusive is the “Confirmed Pathogen Positive (two Single Pathogen Positives from split samples or from two samples separated in time).”

A key point here isn’t that testing by the Pennsylvania Department of Agriculture is flawless (no person or agency is flawless), but that it and other regulators (state and federal) are much quicker to shut down raw dairies than, say, peanut butter factories. Beyond that, they are much quicker to use strong-arm tactics against dairy farmers (i.e. Mark Nolt) than, say, corporate producers.

And that really gets to the heart of the issue here. It would be nice to be able to say, “Gee, if only we could get the regulators, raw dairy producers, and raw milk consumers to sit down at a table together and hash things out—have rational arguments like the tone of the comments following my previous post, maybe we could solve some real problems.

One of the encouraging things about my previous post was that three individuals with the regulator viewpoint—Regulator, Lykke, and CP—were actively engaged in the discussion. Yet even among these individuals comfortable enough to engage in discussion, there is a sense that Regulator’s standoffish approach dominates: “This dialogue can only be advanced if there is an understanding that a sample from Farm A can contain a particular pathogen and a separate sample of milk at Farm A from a different tank, different day, and even same cow but separate milking, can be negative. That is the nature of cows, milk, pathogens and milking equipment.” This statement was made in part to explain split sample testing, but what Regulator is really saying is that the “dialogue can only be advanced” if we accept the science and health establishment view that drinking raw milk is inherently dangerous.

It’s a difficult proposition to accept when an estimated half million or more people are consuming raw milk each day, and there are at most a few dozen illnesses each year from raw milk. It would take maybe ten years for all of America’s raw milk drinkers to have as many illnesses as Peanut Corp. of America had over the last few months. (For an insightful analysis of how the FDA muddies the data about raw milk illnesses, take a look at Mary McGonigle-Martin’s 2007 comment.)

Milk farmer says it well: “There is an agenda here, and it’s not ‘making raw milk safer for everyone’. Acceptance by the regulatory community is the only way that the raw milk community will ever ‘play ball’….Russian roulette, and the misinformation that is constantly put out by the ‘authorities’, creates a wall of distrust that shows no sign of being broken down.”

Because the regulators are more focused on stamping out raw milk than figuring out how to make it safer, re-consideration of the Germ Theory paradigm becomes impossible. I love reading assessments from Dave Milano and Miguel (“A reasonable goal would be to have a healthy(stable) gut microbial community that can absorb a few insults of invading bacteria or toxic chemicals and recover quickly…”), but who in the public health/medical communities is willing to have a serious discussion about that issue?

I don’t want to paint this as an entirely hopeless situation. Steve Bemis’ eleven Great Thoughts would be a good starting point, if the regulators ever decided to start negotiating rather than resisting. If they don’t want to do that, I think there is another option–perhaps a preliminary step for eventually getting to Steve’s blueprint–that could satisfy the conflicting needs here, per the description of Colorado’s situation by Blair McMorran and this observation by Violet Willis , “Very few outbreaks of disease are found on small farms where animals are raised on lots of pasture, clean housing and fresh air.”

Lykke begins to acknowledge the problem: “I also think you are valid in questioning how the legal system is applied with regard to small farmers (and unpastuerized dairy) compared with large, corporate entitites.”

So here’s a suggestion: Why not exempt dairies of a certain size from some or all of the inspections and pathogen testing requirements of big dairies? Maybe those with fifty or fewer cows. The federal and state governments provide exemptions or favoritism for small businesses (those below a certain number of employees, say 50, 100, or 500) in the areas of plant safety, government procurement, and government loans, among others. At a minimum, you’d get a dialogue going. That, however, could be the biggest threat.