The struggle over raw milk is intensifying in two neighboring states–Minnesota and Wisconsin–in different scenarios. 

First, Minnesota, where authorities have launched a quick and aggressive counter-blitz against raw milk consumers.

I’ll admit, Miguel’s imaginary farm situation of a few days ago, trying to determine how a farm and a child had a genetically matching pathogen, had me both chuckling, and squirming a bit: “We search our minds for some way that the farm had become contaminated.Ah yes, people can carry this bacteria just as well as cows can.We know that people who drink raw milk can carry this pathogen and infect others with it.There is this guy, Gumpert,that comes faithfully every week to pick up his milk.

“So later that week at 4:00 in the morning Gumpert’s house is surrounded with police cars and while he stands in the front yard in his pajamas a mob of epidemiologist descends on his house and yard taking a hundred or so samples. Samples from the dog manure in the yard,the toilet,the trap under the kitchen sink,the garbage container,the dirty laundry basket,you get the idea.Back to the lab and what do you know we have a match!…Gumpert is now busy trying to figure out what he did wrong to somehow get this deadly pathogen in his house.”

What had me squirming some more was today’s report from Minnesota Public Radio (thanks Don Wittlinger) that the Minnesota Department of Agriculture executed a search warrant on a home that served as a drop point for dairy farmer Michael Hartmann. In my experience, drop points for buying clubs and herdshares are typically private homes that volunteer a refrigerator in a garage or on a porch to be used as a temporary storage place until individual consumers come by to pick up their milk. In the process, they become informal gathering places for raw milk consumers–a version of the water cooler or general store, where people chitchat and exchange gossip…and build community.

As Bob Hayles points out, the U.S. Food and Drug Administration has assured us in its response to the suit filed by the Farm-to-Consumer Legal Defense Fund challenging the ban on interstate raw milk shipments, that it’s not interested in going after consumers. It’s milk sellers. Intriguingly, that’s pretty much the line I was given by a spokesperson from the Minnesota Department of Agriculture earlier today, when I inquired about the reported search. He said he couldn’t  comment specifically because it was part of “an active investigation,” but he said that as a matter of general policy regarding potential breaches of dairy laws, “The target of the investigation is the seller, it is not the buyer…We would not pursue a case against someone who is buying raw milk.”  

In addition, the state is understood to be investigating Traditional Foods Minnesota, an outlet for natural and nutrient-dense foods. Seems it somehow may have promoted raw milk.

Michael Hartmann has been consistently defiant of the regulators, issuing statements challenging authorities that they have failed to find E.coli 0157:H7 in any of his milk. On Wednesday, he said in a statement, “Is this just the whine of a constant complainer who has taken a beating because he won’t follow the rules?  Absolutely not!  Not if you consider the fact that the State’s forensic experts at the Department of Health have not produced a single positive  e.coli O157:H7 test of any edible product from the Hartmann farm.” In making such statements, he seems to be challenging the epidemiological and genetic linkages of the E.coli 0157 found in raw milk consumers and among some cattle and other animals.  (Thanks to Ron Klein for his latest detailed explanation following my previous post of how genetic linkages in pathogens are determined, and why they are compelling evidence.)

Still and all, Hartmann Farm customers have remained loyal to the raw milk producer. I spoke with a customer a few days ago, with the understanding I wouldn’t reveal his name, and he said his family has continued to drink milk from the dairy, and he understands others have as well. Or, at least, they did. According to a statement issued by the Hartmann Farm, the Minnesota Department of Agriculture has shut down dairy sales. “The State of Minnesota Department of Agriculture returned to the Hartmann Farm with another search warrant (Wednesday) and this time they issued ‘cease and desist’ orders which last week they said they lacked the legal authority to issue.”  

When might the Hartmann Farm be able to resume sales? The spokesperson for the Minnesota Department of Agriculture, while declining to comment specifically on this case, said that “in a type of case in which the farm has had illnesses, they are allowed to resume operations when they can demonstrate they have addressed the problem and can operate in a sanitary fashion.”

The decision by Minnesota authorities to target a consumer is significant, in my view. It signals that authorities are ratcheting up the pressure in the ongoing raw milk war by going after individuals who serve as deliverers of one sort or another. Wisconsin authorities have been after Max Kane, who runs a delivery service, for over a year now; FDA and Georgia authorities targeted a delivery service last fall and forced the dumping of 110 gallons of raw milk (he’s a plaintiff in the FTCLDF suit); Massachusetts authorities have issued cease-and-desist orders against four buying clubs in that state. Now Minnesota has targeted one or more consumers who, from all signs, aren’t even running a buying club, but rather serving as a milk drop-off point.

I predicted last week that officials might well use the Hartmann case–the combination of Hartmann’s defiance and the public concerns about raw milk illnesses it produced–to launch a crackdown. I just didn’t think the crackdown would come so quickly.
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There’s a big contrast to Minnesota in Wisconsin, where there are signs of confusion and deteriorating morale in the regulator camp.

The chief enforcer of that state’s campaign against raw milk, Steve Ingham, announced his resignation this past week. The campaign’s launch coincided with his arrival in late 2008 as head of the Department of Agriculture, Trade and Consumer Protection’s Division of Food Safety. For years before that, under the 17-year reign of Steve Steinhoff, Wisconsin had tolerated some sales under its dairy laws that allow “incidental” raw milk sales.  

Now, a year-and-a-half into Ingham’s campaign, which has seen legal or regulatory actions against at least five farmers and a buying club, Ingham has apparently decided he’s had enough. His departure coincides with the civil disobedience by dairy farmer Vernon Hershberger, who removed DATCP seals from his dairy coolers a day after they were attached by DATCP agents.

It’s understood Ingham encountered difficulties convincing the state’s Department of Justice to take action against Hershberger. So he then went to the local district attorney, who hasn’t indicated whether she will prosecute the farmer.

As a result of conflicting determinations about the Hershberger situation, Ingham came into conflict with DATCP’s chief attorney, Cheryl Daniels, when Ingham suggested that Hershberger may not deserve to be prosecuted. That prompted Daniels to answer an email inquiry from a raw milk advocate by stating: “Mr. Ingham used an unfortunate choice of words. The Department is absolutely charged under the statute with having jurisdiction for enforcement of the statutes. However, when a person is unlicensed and absolutely refuses to come into compliance, prosecution is undertaken by the county district attorney’s office where the person resides or, under certain circumstances, by the Wisconsin Department of Justice.” (Her response was posted on the Raw Dairy listserve.)

According to a DATCP spokesperson, the only explanation Ingham offered for leaving his DATCP position is that he is returning to his previous position of teaching and doing research on food safety at the University of Wisconsin.  

A further sign of what may be a siege mentality at DATCP has been the agency’s resistance in complying its Open Records law. This is the law that enabled Max Kane to obtain incriminating emails about his case from DATCP. Cheryl Daniels, in an email exchange with a raw milk proponent, also included on the Raw Dairy listserve, indicated DATCP would have to charge for her time in seeking out requested emails and other documents.

The recent struggle over allowing raw milk sales in Wisconsin may also have contributed to the stress felt by Ingham. A reader sent me two files of letters from various corporations to the Wisconsin governor urging veto. They’re worth reading to see if your favorite cheesmaker or other dairy producer is in the mix.

Finally, DATCP hasn’t yet announced a replacement for Steve Ingham. Given all that’s happened, that may be a difficult post to fill.

Maybe Minnesota decided to act quickly against raw dairy consumers rather than risk the long slow buildup of opposition that has occurred in Wisconsin, and threatens to roll back the entire offensive in that state.