A consumer on a raw milk listserve last week said she was looking for a herd share in California because Claravale Farms milk sells for $4.49 a quart in one California health food store (thats $18 a gallon, if you don’t have a calculator handy).

Then today I was reading the press release from Sen. Dean Florezs office about the press conference tomorrow in Venice featuring actor Martin Sheen, and there was this statement to justify SB 201: In order to skirt state regulations without breaking the law, many raw milk enthusiasts have taken to buying into a cow share or collective program, since it is legal and unregulated to drink milk from your own cow. One such program recently shut down after more than a dozen of its consumers became seriously ill, underscoring the need for legal access to well-regulated raw milk.

Im assuming SB 201 will become law, one way or another. Many of us have seen it as the lesser of two evilsbetter to have raw milk available under very strict regulations than to not have it at all, which would have been the result of AB 1735s coliform standard.

But lets not have any illusionsthis law will come at a cost, a financial cost and, quite possibly, a regulatory cost.

Milk at $18 a gallon is better than no milk, but it is milk that only the well off can afford to feed their families. And that is part of the game being played here.

From the governments perspective, the optimal goal would be to have no raw milk available. But, if you have to have it available, then you regulate it so tightly that conforming with the regulations makes it necessary for producers to raise prices so high, few can buy it. Mission accomplished, just a little more clumsy than the other way.

Another outgrowth is that entering the raw dairy business becomes so expensivethe barriers to entry so high, in business lexiconthat no dairy person in his or her right mind will want to get involved. You need to develop a HACCP plan, which will no doubt require the involvement of expensive consultants, and you will need expensive equipment to be able to test for pathogens. You will need to have a law firm on retainer to deal with the inevitable objections from the California Department of Food and Agriculture.

That may all be fine for Organic Pastures and Claravale Farm, which are already in business, and wont be forced by competitive pressures to keep a lid on prices–not optimal, but better than the alternative.

Then there may be the regulatory effects. I dont know the full story of the people who supposedly became ill from drinking that California cow shares milk, but I have learned to be skeptical of such allegations, and not to make sweeping generalizations about what should or shouldnt happen if it is true. Ive also learned to be leery of politicians who argue for well regulated anything.

Will the regulators then move to rid us of herd shares? Dont laugh. The move is already well under way in New York, in the state’s all-out war against Meadowsweet Dairy.

I definitely dont want to be a spoilsport or rain on the SB 201 parade. I want to see it pass and resolve the California impasse. Just so we understand that may not lead us to the promised land.