Secret agent man, secret agent man
They've given you a number and taken away your name *

I keep thinking of the song made famous in the 1960s by Johnny Rivers as I try to make sense of the latest news out of Modesto, CA, home of Organic Pastures Dairy Co. Nearly as suddenly as it appeared out of nowhere, that grand jury investigation into raw dairy discovered by Mark McAfee a couple weeks ago seems to have disappeared. Poof…gone…nearly as quickly as a glass of milk with cookies.

Two employees of the raw milk dairy who had been served with subpoenas to testify tomorrow (Thursday), have been told they need not report. Mark says his lawyer has been told by a federal prosecutor that the investigation is off.

"This is all grand theater for harassment," Mark told me. Mark may be given to hyperbole, but he has a point.

Maybe just another day in the life of a raw milk dairy. It was a secret agent for the Michigan Department of Agriculture who pretended he was a member of the Family Farms Cooperative to gather information for the "sting" operation against Richard Hebron in fall 2006. It was agents from the New York Department of Agriculture and Markets who appeared like ghosts in the middle of a driving snowstorm to "inspect" Meadowsweet Dairy last December. And it was U.S. Food and Drug Administration criminal investigators who came calling a couple weeks ago at the homes of two OPDC employees, going so far as to ask one to wear a hidden wire to secretly tape Mark.

He says this latest episode was ostensibly about OPDC shipments of colostrum to customers around the country. Colostrum, which is produced in the first few days after cows give birth, is considered a dietary supplement under FDA regulations, and thus not governed by the same regulations that restrict raw milk sales across state lines.

According to Mark, the federal prosecutor directing the grand jury "didn’t have a clue" about the distinctions between raw milk and colostrum, nor of the history of OPDC’s involvement in both products, and its communications with the FDA back in 2002 and 2003 to ensure OPDC was complying with FDA requirements. "I think the people behind him (the prosecutor) knew knew damn well what was going on," he says, referring to the FDA.

While the FDA and other agencies that harass raw milk producers obviously intend to increase the costs of conduct ing day-to-day business, increasingly I’d say there is a cost to the government. The publicity around such ridiculous operations makes the secret agents and their bosses look like goons, and perhaps more significant, continues to help pump up raw milk sales. Not exactly a winning investigative strategy.

*from "Secret Agent Man" by P.F. Sloan and Steve Barri