Minnesota raw dairy farmer Michael Hartmann died in January. Hartmann became a folk hero in the Minneapolis area for standing up to state public health regulators who raided his delivery truck and farm on numerous occasions between 2010 and 2014 to halt his raw milk deliveries. Hartmann was a soft-spoken burly man who communicated most forcefully via his defiant actions and written legal briefs justifying his legal right to sell raw dairy products directly to customers.
Though he experienced legal setbacks, he never gave in, such as when a judge ruled that the confiscation of a large shipment of his food products was legal because his milk likely sickened eight people In 2010. In 2012 he pleaded guilty to two misdemeanors and paid a $585 fine in connection with the sale of raw milk to blunt an effort to charge his wife in the case. In 2013, he got the last word of sorts when a state judge threw out charges against him because his delivery truck had been searched illegally. ““No matter how frustrated this Court or the State is with his disregard of the law or his word, the violation of (Hartmann’s) constitutional rights can neither be tolerated or condoned,” Judge Erica H. MacDonald wrote in her conclusion. The state seemed to back off from pursuing Hartmann after that.
Interestingly, the obituary posted by his family in January makes only an oblique reference to his legal battles: “He extensively studied about the law and legal freedoms.” That’s it. It says that family members run the dairy, and a customer tells me it still produces raw dairy for loyal customers.
Why would Hartmann’s family refrain from mentioning his strongest legacy (beyond the family he leaves behind)? The only reason I can think of is that they don’t want to dredge up his valiant resistance against regulatory overreach for fear of getting the regulators re-fixated on the family and its raw farm products.
I probably shouldn’t make predictions, but I doubt the regulators will bother the Hartmann family. Not only do they probably not want to hear the family name because of how he humiliated them legally, but they also don’t want to upset the current state of détente that exists for raw dairy, in Minnesota and much of the rest of the U.S. Hartmann is one of a number of dairy farmers around the country who stood up for their right to sell their farms’ raw dairy products. By standing up, via legitimate legal arguments—for example, Minnesota has a clause in its constitution permitting farmers to sell their products directly to consumers–Hartmann gave legitimacy to other Minnesota farmers, as well as farmers in other locales.
I would just say, with all due respect, that Hartmann’s family should be proud of his efforts to legitimize raw dairy. I say this as someone who didn’t always approve of Hartmann’s defiance, especially when illnesses from his milk were alleged. But in the end, my likes and dislikes didn’t really matter all that much. What mattered was that our legal and regulatory systems, as inconsistent and contradictory as they can sometimes be, worked, not only for Hartmann, but for dozens of other farmers and many thousands of Americans, who now have access to raw dairy. Just look at the map of the U.S. here, and you’ll see the remarkable truth: 49 out of 50 states now allow legal raw dairy in one form or another, whether via herdshares or direct sales from the farm or pet food or even via sale in retail food stores.
America’s regulatory systems worked—not perfectly and not without some unfortunate casualties in places like Wisconsin–but they worked. They worked because of the bravery of farmers like Hartmann, the activism of many consumers who publicly protested crackdowns on raw dairy, the creation of the Raw Milk Institute (RAWMI) to educate farmers on raw milk standards, the persistence of this blog, and the flexibility of enough regulators, and because of the transparency that underlies our regulatory and legal systems. I know there will be groans on that last point, but it’s important to acknowledge it, given our current polarized political environment.
It’s difficult to comprehend, but when I began writing about raw dairy back in 2006, two of the largest states in the country—Ohio and Michigan—had a total ban on raw dairy. Other states that ostensibly allowed raw milk sales undertook heavy-handed campaigns to restrict it or even stamp it out, from Georgia to Maryland to Massachusetts to Illinois.
I still occasionally hear from farmers whose raw dairy operations have been temporarily shut down by regulators who have found listeria in milk samples. The farmers invariably start out thinking they want me to ‘expose’ their awful situation, but then when they mull further getting into a protracted regulatory and legal struggle, like Michael Hartmann did, they back off. And it turns out to be a wise decision, because invariably, the regulator problem clears up, and the farmers go back to selling raw dairy.
A few farmers continue various legal battles to open up or maintain raw food channels. There’s John Klar, a Vermont cattle farmer, who has written here and continues to contest his state’s expanding restrictions for on-farm slaughter of cattle. In California, Mark McAfee continues a long struggle to legalize interstate sales of raw butter. In the meantime, his sales of other raw dairy in California continue to surge.
It’s fashionable to trash our regulatory and legal systems as being unresponsive to small farmers, and certainly big corporations still hold sway over much of the food system, backed by cooperative regulators. But farmers like Hartmann made it work, by studying the law and standing up to the powerful biases in our system. There was no whining about liberal judges or elites or conspiracies or vote fraud or any of the other staples of our current perverted and polarized politics. Hartmann was actually a quite private individual, who rarely responded to media requests for interviews (including mine). I only met him once, and he was polite and soft spoken, expressing confidence in his legal standing.
But thanks to his efforts, owners of small sustainable farms around the country are producing healthy food, and have learned to work within the system and are thriving. They set an important example for our larger political system….that freedom and democratic processes, imperfect as they are, can and do work. They help prove out the old two-cow joke that compares political systems:
You have two cows.
Under socialism, the government takes one and gives it to your neighbor.
Under communism, you give both cows to the government and the government gives you milk.
Under fascism, you give your two cows to the government and it sells you milk.
Under naziism, the government takes the two cows and shoots you.
And under American-style capitalism, you sell one of your cows and use the proceeds to buy a bull.
Michael Hartmann had to push hard to make American capitalism work for him, but in the end, it did, and he’ll long be remembered for his efforts.
So sad to hear this, our condolences to his family!!! John & Cindy Dutcher
I”m sorry to hear of Michael Hartmann’s death. I too send condolences to his family. We owe a debt of gratitude to farmers like him, who labor hard to provide clean, wholesome food under a trying regulatory environment.
Fine tribute
Maybe we can honor Michael Hartmann’s work by getting back to the real food issues that brought us together in the first place. I am very tired of the crazy town stuff and care about health and nutrition. There is surely plenty to be done about access to nutrient dense foods
Hartman left a legacy of purpose. I this life that’s pretty huge when the grand book of human history is written.
In the USA is seems that we the people can address the state level Rawmilk issues with persistence and people power.
The FDA appears to be a different breast. They don’t listen, facts and data don’t matter to them.
On April 8th I will stand before a three judge 9th district federal appeals panel in WA DC. At issue will be raw butter sales over state lines.
Here are the facts.
In 1987, Judge Johnson wrote an opinion that said “raw milk was innately dangerous” the FDA took this opinion and banned the sale of raw milk over state lines.
The words “ raw butter and raw cheese “ never were mentioned in the opinion. No data. No discussions. No concerns for safety. Nada. Nothing.
This is a massive over reach of power by the FDA.
In the last 100 years the CDC has one incident that they associate with illness and raw butter. That was a church picnic where someone made have made raw butter and a couple of people got sick. No one died. Everyone completely recovered. That’s it!!!
The FDA claims that raw milk and raw butter are the same. This is a million miles from their own truth and science.
They deny their own science.
Under FSMA, the FDA trains food producers about “process controls”.
Raw butter meets everyone one of the physical, chemical and biological controls.
Low moisture with Water Activity Below .80. All foods below .85 are considered not a growth medium for pathogens!!
Cultured cream raw butter has low pH. Low pH foods ( acidic ) are pathogen resistant!
Well worked raw butter has very small water spaces. So small pathogens will not grow.
Salt added to raw butter prevents pathogen growth.
These are the pieces of science taught and recognized by the FDA. Yet they deny them.
It’s a travesty of reality. In California millions of pounds of raw butter have been sold and consumed. Zero illness in 20 years.
Every year the CDC says between 30-100 people die from raw oysters. The FDA does nothing.
Can not wait to see what judges think of this.
I put the FDA in the near Food Nazi category for this issue. They are “crazed by anything raw dairy”.
They tried to put me in jail 12 years ago! On this issue.
The judge their arguments out and gave them nearly nothing.
Hoping for clear headed judges on April 8th.
Hartman. ❤️? Rest In Peace knowing you left a legacy of making a real difference.
Please excuse the misspellings. Auto edit went crazy.
By the way.
RAWMI is making huge strides. Many farmers lining up for training. Many more on farm labs being installed and used.
Raw dairy illness trends are way way down.
The FDA doesn’t have anything to point at.
The Raw Farm California sales for all raw dairy products are sky high with sustained 15% year over year growth in natural food markets. In those same markets ( spins data ) UHT Organic Valley products are down more than 8-10% year over year.
Markets speak louder than any crazed FDA pasteurization protector.
I think it’s an honor thing. The FDA has totally sold themselves on dead foods being safe food and best for you. Deader the better.
Meanwhile Science figuered out the human genomics, the gut micro biome and biodiversity being critical to immune and genomic function.
This leaves big pharma and FDA trying to protect the old dogma. It ain’t working very well. Smart consumers know better.
May the guiding hand of markets lead us all to a better sustainable and healthy future from soil to soul and grass to gut.
And may the old guard at the FDA and their pharma kill it all policies die off.
Thank you for keeping up the good work, Mark! I have been looking at the research these folks are doing, I have been a grower partner for 2 years now and it is what we have needed to differentiate between the food we grow and the crap in the store. They have started a beef project and I am sure dairy will be looked at as well. As for Organic Valley UHT milk and cream tase a little bit better than conventional milk and cream, someone needs to taste the product before they sell it! Our cow is due to freshen in a couple weeks and I can’t wait to have some decent tasting milk!https://www.bionutrientinstitute.org/
David, if you extend your map to include Canada, the color red, which signifies that raw milk “Cannot be Legally Obtained in any Way” would make Canada stick out like a sore thumb. A recent interview with the Canadian freedom convoy lawyer Keith Wilson, discussing the arbitrary top-down aggressive tactics used by the Canadian and Provincial Governments towards the truckers and their supporters exemplifies why Canadian federal and provincial governments and their authorities have, as a whole, acted cohesively and gone out of their way to aggressively prevent the sale of raw milk. Clearly, It is all about control, and the collective/socialist nature of the dairy industry, a.k.a. the legislated marketing board system, has played a large role at ensuring that measures aimed at prohibiting raw milk sales continue to be maintained. Another factor that I believe distinguishes Canada from the United States, would be the greater autonomy of each individual State in your country as opposed to the Provinces in Canada who tend to follow in lock step with the Federal Government in Ottawa, especially when it comes to raw milk sales and many other health related issues.
Yes, you are correct that the map for raw milk would look much different for Canada. I believe the only province where raw milk is somewhat available is British Columbia. From having monitored Michael Schmidt’s problems in Ontario over the years, it seems as if the marketing board system exerts a huge amount of control, even if the problem gets expressed as a ‘food safety’ issue. And, yes, America’s states do seem to have more autonomy than Canada’s provinces. The autonomy of America’s states dates back to the days of the American Revolution; for about ten years during and after the war in the late 1700s, the states had so much control (via the Articles of Confederation) that the new nation was essentially ungovernable. It wasn’t until Revolution leadership pushed for a stronger central government that our present Constitution was drafted in 1787. It represents lots of compromises in dividing power and responsibilities between the states and federal government, but with a few notable exceptions (in area of race, in particular), it’s worked pretty well.
Yes the laws in Canada differ considerably from the U.S. Governments differ also – the U.S. has a representative democracy and Canada a parliamentary one. But where the issues with raw milk come into play is the issue of food safety, and this — according to two of Canada’s best lawyers who were recently consulted — is a federal issue because “food safety” also has criminal law implications. The federal Food and Drugs Act supercedes provincial legislation dealing with food and public health issues, even though agriculture and health are two policy areas where both provinces and the feds share powers. And it’s a clause in the Food and Drugs Act which bans all raw milk sales and distribution in Canada.
Here are the relevant laws:
“Food and Drugs Act”: “sell includes offer for sale, expose for sale, have in possession for sale and distribute, whether or not the distribution is made for consideration”
“Food and Drug Regulations” under the “Food and Drugs Act”: “B.08.002.2 (1) Subject to subsection (2), no person shall sell the normal lacteal secretion obtained from the mammary gland of the cow, genus Bos, or of any other animal, or sell a dairy product made with any such secretion, unless the secretion or dairy product has been pasteurized by being held at a temperature and for a period that ensure the reduction of the alkaline phosphatase activity so as to meet the tolerances specified in official method MFO-3, Determination of Phosphatase Activity in Dairy Products, dated November 30, 1981.”
It seems like Quebec got away with legalizing un-aged raw cheese in 2008 because they insist that they should have “separate nation” status. But the lawyers say that the rest of the provinces won’t/can’t change their laws banning raw milk until the feds first do. So, the Canadian Artisan Dairy Alliance (CADA) formed last year to take on this lobbying work, to convince the Federal Minister of Health to amend the “Food and Drug Regulations”, which that Minister can do with one signature. Let’s hope they succeed.
NJ: ‘Tainted’ school milk sends dozens of children to hospitals
https://nj1015.com/nj-school-milk-recall-students-hospital/?utm_source=Sailthru&utm_medium=email&utm_campaign=TOP%20NEWS%2C%20Wed%20Mar%2030:%20Tainted%20milk&utm_term=All%20Valid%20Users
Breaking news!
After 8 years of battling the FDA on interstate sales of raw butter! We received a letter today from the FDA stating that they will agree to modify CFR1240.61 and allow raw cultured salted raw butter to be sold in every state in the USA!!!
I am elated!
?
I think the FDA didn’t want to engage in any more judicial proceedings because it didn’t want to risk losing. Sending you that letter was its way of waving the white flag. Congratulations.
Congratulations, Mark! Many thanks for your persistence on this issue.
April 1st is a day for fools and fooling around. Had to bring some levity to this world.
Gordon….gotya! Bry shared with me your excitement. This FDA raw butter battle still rages on.
Around here, my kids pounded me with made up stories. It was all in good fun
Well, Mark, you had a few of us fooled. I guess that’s testimony to the extent of progress made on the raw dairy front. But clearly we still have a ways to go with the FDA.
That was a good one :)! We can only hope that this will be the real news one day.
Friday is a very big day for raw milk. Raw butter is the surrogate and whipping boy for the raw milk cause. Completely innocent yet beaten and abused terribly.
Consider it a thumbs up for effort…
Veteran James Topp is marching across Canada for freedom
https://www.rebelnews.com/veteran_james_topp_is_marching_across_canada_for_freedom?
TRUCKERS WERE RIGHT: Freedom Convoy protest was legal, judge says, and Ottawa is now being sued
https://farmersforum.com/truckers-were-right-freedom-convoy-protest-was-legal-judge-says-and-ottawa-is-now-being-sued/
“Keith Wilson, (a well-respected constitutional lawyer) said that there was nothing to justify using the Federal Emergencies Act. “This is government writing a blank cheque over your rights and your life… this was a retaliatory measure by an authoritarian petulant child prime minster lashing out.””
Today FTCLDF lawyer Mahesha and I appeared in WA DC in front of the three court appeals panel to plead our case that the FDA over reached its authority to require butter to be pasteurized. In the 1920s butter was protected by Congress when Congress specifically excluded butter from any Standards of Identity. In 1987, FDA did exactly that. They defined butter as being pasteurized.
Besides a perfect history of 100 years of no illness or deaths raw butter is suppressed and banned for sale over state lines. Oysters kill 50-100 every year. The fda could care less.
This is dairy processor politics at its worst.
Fingers crossed and hoping that our arguments are considered.
We appreciate all your work Mark!! J&C Dutcher
THIS DAY IN HISTORY
no-one with a grain of intellectual integrity can read this and continue to believe the official narrative. Some conspiracy theories have an awful lot of hard evidence
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Thus, the bombing of the Murrah Building may have served as a test case or trial run for 9/11. Both appear to have been part of a “strategy of tension,” whose aim was to instill fear in the public and enable passage of draconian anti-terrorist legislation that has transformed the U.S. into more of a police and garrison state—contrary to the so-called espoused principles upon which the U.S. was founded.
………………………..
https://covertactionmagazine.com/2022/04/19/oklahoma-city-bombing-was-timothy-mcveigh-a-patsy-in-a-sinister-black-flag-operation/
What about all these food processing plants mysteriously catching on fire lately. Azure Standard plant just burned down this week, Mark Mcafee’s plant burned down recently, and many others recently as shown in the attached article. Food shortages coming? Hmmmmm. Yes, but is it due to the war in Ukraine or something more sinister? Any ideas?
https://www.thegatewaypundit.com/2022/04/ready-watch-biden-warns-food-shortages-food-processing-plants-across-country-seem-catching-fire-tucker-asks-going-dozen-factories-ha/
My guess is that an arsonist (or a few copy-cat arsonists) are on the loose, or possibly terrorists of some kind. I know Tucker Carlson loves to immediately create hysteria about government conspiracies (only when it’s Democrats in power), but seriously, you have to ask the question: Why would either Dems or Republicans want to see a starving population? It only makes people insecure and cranky, which makes people more likely to vote in the opposition. In a democratic society, the pols want people to be as secure and satisfied financially as possible to keep themselves in power. It’s in dictatorships that you see governments plotting to starve groups of people perceived as enemies.
Moreover, the fires don’t necessarily lead to food shortages. As you saw with Mark McAfee, in a capitalist society, owners of production are highly motivated to keep their customers happy. Mark was back up and running in a few days after his fire.
the problem with your pondering, Mr Gumpert is : America is a far cry from being a “capital-ist society” anymore. You – of all people – will know that the Powers-that-Be simply hypothecate all the fund$s they want, in to existence. They don’t bother going to the people for that quaint oldfashioned method of financing govt. They don’t require your silly taxes anymore … that’s so 1776. Confer with David Stockton … merely the comptroller of the Budget back in the heyday of Ronnie Reagan
in the present State corporatist system, those with their hands on the levers of power, allocate fund$s to favourites. Meawhile outlawing enterprises they don’ t want. In British Columbia, that was done for 2 years of the SCAMdemic, by deeming businesses Essential versus non-essential. a few limosine socialists decide who lives or dies. No mere co-incidence that John Horgan, Premier of BC, is a member of the World Economic Forum. Which un-apologetically sets out this policy as its goal
if it suits the Red Fascisti to create a ‘food shortage’ for purposes of manipulating the populace – as explained by Henry Kissinger – they simply funnel a Billion or so, to those whose processing facilities were burnt out in the form of subsidies.
You’re confusing economics with business. On the economic side, with money supply and interest rate shenanigans, it’s difficult to argue for American practices. There are two things the U.S. has going for it here, however: 1. It is the holder of the world’s reserve currency. The dollar’s primacy gives American policymakers amazing latitude for printing money, adjusting interest rates, and such. If you could get away from your obsession with vast international conspiracies, you might appreciate that the current war in the Ukraine–between the West, led by the U.S., and the East, led by Russia and China–is a battle over whether the reserve currency remains in the American domain. 2. America has a reasonably transparent system of financial regulation, especially compared with dictatorships like Russia and China. There are clear rules and a commitment to objective enforcement. There just aren’t too many examples through history of dictatorships attaining sustained primacy. Dictatorships tend to become corrupt money machines for the people in power, witness Russia, China, Turkey, and assorted African and Central American tyrannies, where the masses live in poverty. Lots of Americans, unfortunately, are willing to give up their economic and political freedoms in the delusion that a single ruler will somehow make everything better. Once lost, freedom is rarely recovered.
On the business side, the U.S. remains a center of capitalism, and retains worldwide supremacy. I make my case with a few names: Amazon, Apple, Microsoft, Netflix, Boeing, Walmart, etc., etc. through literally thousands of publicly held growth businesses, and extending through many hundreds of thousands of private businesses. That’s why so many migrants still risk everything to get to the U.S.–to chase the American dream of business riches.