Mark McAfee in his comment on my previous post about the federal case against him advises would-be dairy farmers to set up small herdshares as an economically feasible way to make raw milk more widely available.
Just don’t try that tactic in New York.
In a blunt decision issued Thursday that no doubt has the tough guys at the New York Department of Agriculture and Markets doing high-fives, state judge John C. Egan Jr. sided completely with the agency in its long-running feud with Meadowsweet Dairy LLC, and owners Barb and Steve Smith (pictured above at their dairy, last January). The Smiths set up a limited liability company to serve the herdshare role for 120-plus shareholders in the Ithaca, NY, area, who wanted access to such unpasteurized dairy products as yogurt, butter, and cream, which are prohibited for dairies that obtain raw milk permits from the state. NY Ag & Markets didn’t take well to the idea of a small dairy operating outside its grasp, nor of setting a precedent that other dairies might look to.
The immediate issue was Meadowsweet’s request for a preliminary injunction to prohibit NY Ag & Markets from conducting seemingly arbitrary searches of the dairy and seizures of Meadowsweet’s products, and to allow the LLC’s members regular access to their products. At one point, NY Ag & Markets threatened to lock the couple up.
The judge essentially ruled against each argument offered by Meadowsweet’s lawyer, Gary Cox of the Farm-to-Consumer Legal Defense Fund:
–To the Meadowsweet argument that the state’s arbitrary seizures of raw dairy products threatened to put the dairy out of business, the judge stated: “…the Court finds the plaintiffs’ allegations that they ‘run the risk of’ losing product, being searched at any time and having their personal belongings seized at any tie, speculative. Furthermore, any financial injuries sustained as a result of the loss of product do not establish irreparable harm. Thus, the plaintiffs have failed to establish irreparable harm…” Guess he thinks they have a money tree in the back yard to keep replacing the thousands of dollars worth of product NY Ag & Markets doused with bleach.
–To the Meadowsweet argument that its limited liability company should be outside the regulation and arbitrary inspections of NY Ag and Markets, the judge stated: “The Commissioner is entitled to full access to Meadowsweet, and may also examine and open any package or container of any kind…” In other words, NY Ag & Markets can conduct searches whenever it wants, any time of day or night. Never mind the U.S. Constitution’s Fourth Amendment.
–To Meadowsweet’s argument that its shareholders aren’t purchasing dairy products, and thus aren’t “consumers,” the judge cited various dictionary definitions of the term “consumer” and concluded: “The Court further determines that the LLC members are ‘consumers’ of raw milk products based on the plain meaning of the word.” So much for Article 1, Section 10 of the U.S. Constitution that “no state shall…pass any…law impairing the obligation of contracts…” (This is the same clause that prohibits use of anything except gold and silver coin as money.)
In sum, the judge fell back on the tired old argument of protection: “Finally, the Court holds that a balancing of the equities weighs the State’s favor, based on the broad powers of the Department of Agriculture and Markets and the State’s interest in regulating the dairy industry for the safety of consumers.”
Barb and Steve Smith in an email to their shareholders today said, “It seems very possible that we will have to stop distributing raw milk and yogurt … and that our friendly inspectors will be watching soon.” The Farm-to-Consumer Legal Defense Fund is considering whether to appeal. Given the judge’s forceful decision, an appeal would seem to be more of a long shot than ever.
NY Ag & Markets is already licking its chops–in a press release posted Friday the agency indicated its inspectors are already organizing squads “dedicated to administering and enforcing the State’s food safety laws and regulations to protect the public health…” Yes, I’d say the Smiths can expect visitors.
Clearly, the whole herdshare approach has been called into question. While the concept has received backing in Ohio cases, a negative decision in a major population center and dairy state like New York is a big blow against raw milk.
I don’t know if I’m projecting too much here, but watching the parade of Clinton-era Establishment big shots being appointed by President-elect Barack Obaa doesn’t give me a lot of confidence that we’ll see a push for change coming from the top down, either. For now, the regulators are still calling the shots.
I write as a hobby, in my book the remnants of the US consist of a small 2-state ’empire’ where governmental phobia runs so rampant that it’s illegal to prepare food in your home and to work with any raw ingredients. All food is distributed to the populace from government-controlled sources, all in the name of public health and safety.
I don’t like the judge’s ruling on ‘consumers’. That’s not so long a step from making it illegal to drink the milk of your own cow.
I do not like where this is headed, and my thoughts and prayers are with the Smith’s and their ‘consumers’.
Maybe it is a mistake to admit to being involved in commerce in any way.This is the reason that the dept of Ag feels that it has authority over Meadowsweet.If several individuals join together to set up and operate a farm strictly to produce food for their own consumption would this be considered to be commerce?Would the dept of Ag have any authority to regulate such an arrangement?
The EPA is proposing expanded powers to control green house gases. The new powers would allow them to charge a dairy farm having 25 cows or more a permit fee of $175 each per cow per year. The average North Dakota dairy farm cost est. would be $25000 annually. Beef cattle permit fees are $87 each per year starting with farms of 50 animals.
Do not leave the raw milk market.
Go get your New York raw milk permit back and start producing and selling tons of legal raw milk to consumers at your dairy. Have them spread the word and put bumper stickers on every car and bike they own. Do not worry about setbacks and the loss of the ability to produce your other products like yogurt and what ever….
Your people need you and we all need you. Do not give in or give up…take what ever way forward that you can take….legally. There will be better days and more open doors but only if you stay in this.
I have had horrible days and they are always followed by better days. Your hugs will come from your consumers. They love you and need you. Ignore the regulators. Do what they ask with a smile and move beyond them. They are old pieces of dusty history…they just do not know it yet. Give this some time. It will all be clear soon enough.
Russian Cosmonauts drink raw kefir and their doctors tell them not to drink or eat processed milk or foods. Only Raw milk or raw Kefir for them ( This information from Edward Alper, a Russian Scientist that drinks raw milk in Houston and works for the Russian Space program ).
Russians call Pasteurized Milk…."Watered Down Sheet Rock" for a reason.
In China they call Pasteurized Milk …"Watered down Melamine" ….just a guess.
In California, they call raw milk…nutritious, delicious and out of stock at 400 stores.
Warmest regards from your fellow raw dairyman,
Mark McAfee
What ever happens in grammas kitchen does not matter unless she goes and tries to sell it at the farmers market or local store or she tries to brag about it on the internet
In California, if I sell raw milk to someone to make something for OPDC, the milk pool auditors ( think of them as the raw milk IRS but worse ) will come calling wanting to know exactly what happed to every drop of raw milk. Every pound is counted and they make us pay them for the raw milk ( a % by CDFA law ) even though I can not participate in the milk pool. It is corrupt and I just take it with a smile….cause if I complain it gets bad really quick.
The pardigm changes when the tipping point is reached. That means people voting with dollars and then votes will change the rules.
Yes… it is enough to make a person vomit….we have not held tightly to our rights and they have slipped away like grains of sand in our hands. Getting back these basic nutritional rights will be much harder and longer than the path to their loss.
Mark McAfee
Or, another perspective about tipping points and change…and ventilators/paralysis, vomiting, and a glass of raw milk:
Ilnness Halts Raw Milk Program
http://www.triplicate.com/news/story.cfm?story_no=9851
"The Bovine" site posted something interesting today about children and benefits (and risks) from this beverage:
http://thebovine.wordpress.com/
" Alexandre also questions whether the Campylobacter came from his farm. He said he spoke to a person who is listed by the county health department as contracting the infection who said he didn’t even drink raw milk during the time of the outbreak.
"There’s room for doubt," Alexandre said. "Campylobacter is the most common food-borne illness out there."
According to the World Health Organization, Campylobacter is a major cause of diarrheal illness in humans. "
As always, there is room for doubt, and as already discussed, the science employed by the health department is less than convincing, but their agenda is crystal clear.
I’m convinced I am benefiting my family by serving them raw milk and other farm-fresh products. We have had remarkably fewer doctor visits since switching from processed food to healthier food – some years, we never see a doctor. Other years, once or twice. Some chronic ailments, such as asthma, migraine headaches, and gout have disappeared. When I get ‘too busy’ to feed them well (we can’t stop raw milk because we have lactose-intolerance in our family, but we slip up some weeks on restaurant food & convenience), the problems return. That’s all the evidence I need.
I also use coconut oil and other antimicrobial foods (shown to be as effective or better than antibiotics) – as well as daily kefir, yogurt, raw cheeses & fermented veggies – just to hedge my bet…and to take advantage of nature’s bounty. We understand the risk – and how to mitigate it. Education is vital.
I’ll bet you ten to one that the people that become ill "from raw milk" tried it because they have health issues, and are immune-compromised. How else can you explain the hundreds of shareholders who don’t get sick every time there is an "outbreak"? They all drank from the same batch (assuming it was tainted in the 1st place…).
I suspect that’s what a lot of the doubters don’t understand – raw milk usually accompanies a better all-round diet. It requires more time, more planning, less convenience – but we do see clear results – not just in physical health, but in temperament, energy, and budget benefits. We also feel good about supporting the environment, our local economy, and farms that treat animals humanely.
If you compared the incidence of illness from deli meats or ground beef (or the pesticides on grains), you’d be spending your time on other blogs – if you were that concerned about exposing children to pathogenic food. Raw unprocessed food is unquestionably more nutritious than cooked food, and animals raised on grass produce better and cleaner food than animals raised in feedlots. That’s what I want to serve my family.
Banning raw milk to prevent pathogens is like invading Iraq to prevent terrorism. In both cases, intelligence-gathering and traditional cultural wisdom are absent. It won’t work, and it’s very, very expensive.
-Blair
My brain isn’t working well these days and I forgot why the Smiths took the LLC approach to begin with. I’m glad dairying is still an option for them.
Like I’ve mentioned about my diet I don’t deny myself anything, but I do my best to include healthy choices. The other day I was tired, didn’t feel like fixing my own lunch and went out for fast food. I had horrible heartburn for the rest of the day and intestinal problems that night.
My body KNOWS what’s good for it and reacts poorly when I put in something unhealthy. I don’t want to eat stuff like that anymore, it doesn’t taste good and makes me feel awful.
A healthy diet will support itself! Kind of like how healthy raw milk will protect itself from contamination. My favorite story to share with friends and family is of the two bottles of milk, one pasteurized one not, purposefully contaminated with e-coli and sent off to a lab to be tested and the raw coming back clean 😀
One last thing… and ounce of prevention is worth a pound of cure, oooh lord ain’t that the TRUTH!
It drastically changes how we look at "co-owned" animals.
Think about this:
If rewards of ownership cannot be shared, as this judge has ruled, than the converse also must be true.
If you co-own a vicious dog,that mauls a child – as long as you weren’t the one who fed it daily, perhaps you’re not liable! ?
Here’s another example:
How about race horses? (Look out Saratoga!) – the judge has just set a new precedent…
If you co-own the next winner of the Kentucky Derby… according to Judge Egan’s philosophy, entitlement to your share of the winnings would be subject to the interpretation of the state.
How does the state decide who "REALLY, really owns the horse"?
(You know, contracts aside and all? )
Could this imply that the guy who mucks the stall is most entitled to any winnings?
If Ag and Markets is dedicated to protect the PUBLIC health… Why didn’t this judge spend as much time looking up "public" as he did looking up "consumer?
If he had, he would have noticed that the definition of PUBLIC is "of or pertaining to the community AS A WHOLE and OPEN TO ALL persons" …..
NOT 5 people who co-own a cow. "Joe Public" cannot stroll into Meadowsweet to pick up a gallon of milk. That is a PRIVATE contract.
Applying this interpretation one step further:
This must mean that private ownership does not absolve anyone from government "searches anytime it wants". So Judge Egan should have no issue with the FDA popping in on Thanksgiving to ensure his turkey was cooked and held at the appropriate temperature prior to serving it to his family – consumers or it may be doused with bleach.
We need to vote NO on Judge Eganomics.
It drastically changes how we look at "co-owned" animals.
Think about this:
If rewards of ownership cannot be shared, as this judge has ruled, than the converse also must be true.
If you co-own a vicious dog,that mauls a child – as long as you weren’t the one who fed it daily, perhaps you’re not liable! ?
Here’s another example:
How about race horses? (Look out Saratoga!) – the judge has just set a new precedent…
If you co-own the next winner of the Kentucky Derby… according to Judge Egan’s philosophy, entitlement to your share of the winnings would be subject to the interpretation of the state.
How does the state decide who "REALLY, really owns the horse"?
(You know, contracts aside and all? )
Could this imply that the guy who mucks the stall is most entitled to any winnings?
If Ag and Markets is dedicated to protect the PUBLIC health… Why didn’t this judge spend as much time looking up "public" as he did looking up "consumer?
If he had, he would have noticed that the definition of PUBLIC is "of or pertaining to the community AS A WHOLE and OPEN TO ALL persons" …..
NOT 5 people who co-own a cow. "Joe Public" cannot stroll into Meadowsweet to pick up a gallon of milk. That is a PRIVATE contract.
Applying this interpretation one step further:
This must mean that private ownership does not absolve anyone from government "searches anytime it wants". So Judge Egan should have no issue with the FDA popping in on Thanksgiving to ensure his turkey was cooked and held at the appropriate temperature prior to serving it to his family – consumers or it may be doused with bleach.
We need to vote NO on Judge Eganomics.