Many readers here are rightfully distinguishing between large producers of raw milk like Organic Pastures Dairy Co. and small producers, which usually have fewer than 100 cows. A few individuals with a regulator perspective have attempted to make this distinction as well. But do the regulators?

To my mind, both the larger and smaller models are worth exploring and considering. That’s why I didn’t automatically criticize Mark’s suggestion to the Western Dairymen in my previous post.

But, honestly, I don’t think the regulators, beginning at the top with the U.S. Food and Drug Administration (which directs the state ag lackeys), want to make such a distinction. The key point to keep in mind is that, as far as the regulators are concerned—and I’m talking about regulators in the large states like PA, NY, and CA—it doesn’t much matter. For these regulators, a raw dairy is a raw dairy is a raw dairy…and as such is subject to full regulation—in fact, to harsher regulation than conventional dairies. Private arrangements between consumers and farmers be damned…In fact, these are considered dangerous techniques for “avoiding the law.”

A good example of the result of all this is the soul searching currently going on among Pennsylvania’s raw milk producers.

Do they abide by the Pennsylvania’s Department of Agriculture’s requirements that they obtain raw milk permits, and leave themselves vulnerable to ever-more-questionable findings of pathogens in their milk? Or do they ignore the permitting requirements, and instead sell their goods entirely through private membership organizations like the Communities Alliance for Responsible Ecofarming (CARE), in opposition to PDA’s stance that CARE’s farmers must hold raw milk permits?

I attended the CARE annual meeting on Saturday in Bird-in-Hand, along with some 200 other members. I joined CARE last April, when I attended the trials of two Pennsylvania farmers, and learned how the PDA ignored CARE’s careful attention to positioning itself as a private organization that makes raw dairy products available only to members.

At the meeting, members heard two perspectives on the issue.

First, there was that of Dennis Wenger, who with his wife Joanne (pictured above), milks fifty cows and sells raw milk to dozens of regular customers who come to his farm to make their pickups after placing phone orders. He spoke on the topic, “Close Encounters with PDA.”

He described how he obtained a raw milk permit a couple years ago. “My concern is, we wanted to be legal. We did get a permit, which may have been the wrong thing to do.”

His problems with the state began last April, when the PDA said its lab found listeria in his dairy’s milk.

“We had to discontinue all sales of raw milk. That evening (after getting the order from PDA) I spoke with our inspector. He told me our name would be on the television and in the newspapers. I asked him if they could hold off, since we don’t sell—people call us.” Wenger wanted to be able to alert customers personally.

The next day, “Our name was put out, and started showing up in various media. Only the county paper even attempted to reach us. I was milking. I called back twice, but the reporter never returned my call.”

Wenger saw a red flag in the state’s report when the state also said his milk had a somatic cell count of 1.1 million. The dairy to which he also sells bulk milk for pasteurization, had taken a sample of the same milk, and reported a somatic cell count of 150,000. “And remember, the dairy pays a bonus for counts under 250,000, so they have no incentive for reporting a low count.”

Wenger called his state senator, who called the PDA on his behalf to object, but none of that did any good. He says Bill Chirdon, the PDA’s director of the bureau of food safety and lab services, responded to Wenger’s description of the somatic cell count discrepancy by saying, “I have been head of this lab for two years. I have never seen this lab make a mistake” But he did agree there was a large difference.”

Within days, the state did additional tests, and Wenger had a split sample sent to a private lab, and this time the state found no pathogens (as did the private lab).

Wenger says he only lost one customer because of the state’s finding, and he’s since had several new customers come board because they read the state’s press release about the listeria discovery, and took that as an endorsement that he was a quality dairy.

His conclusion: “If you hear the state secretary of agriculture say, ‘We support the sale of raw milk,’ do not believe it. They do not support raw milk.”

A second view came from William Taylor Reill, a constitutional law expert who has advised a number of CARE farmers facing PDA proceedings. “The true cost of apermit is almost always freedom and liberty,” he told members.

He argued, that, under the Pennsylvania constitution, “No permits are required for private individuals doing private business with private contracts,” such as the CARE model.

In the event consumers have problems in such situations—say, they aren’t happy with the quality of food they receive–they can do what any individuals unhappy about fulfillment of a contract do: seek help in the community, such as from the Better Business Bureau, or file a civil lawsuit.

He is encouraging “all permitted farmers to consider returning their milk permits”—ideally at the same time, “to protect the farmers.”

Up until now, farmers have been able to demonstrate only occasional individual acts of resistance, and those brave ones have left themselves open to severe retribution by the agriculture authorities. Retribution would be a lot more difficult for the goons to accomplish in the face of mass resistance of the type Reill is proposing. If he does pull it off, it could serve as a model for states around the country.

Remember, for most of the regulators, a good raw dairy is a dead raw dairy.