There’s been lots of excited talk on a number of foodie blogs about how wonderful it would be to have germ lawyer Bill Marler as Under Secretary for Food Safety at the U.S. Department of Food and Agriculture.

“Marler’s wealth of practical, theoretical, and scientific knowledge about every aspect of food safety from plow to plate–including bioterrorism–makes him an ideal candidate for Under Secretary for Food Safety,” gushes the influential La Vida Locavore

I can appreciate the excitement on one level: the vision of the hard-headed cowboy riding into Washington and dispensing with the Washington incompetence in the food safety arena. There even seems to be this sense that Marler would stand up for the small farm against the excesses of agribusiness.

Marler can be a charming and entertaining guy with his tough-guy talk on going after incompetent bureaucrats and dishonest executives, who are lax in enforcing safety standards. When the melamine contamination scandal broke in China last year, and some contaminated foods were getting into the U.S., he observed, “Where is the FDA and our famous ‘food czar?’ My guess is they are all watching the stock market and their government retirements flush down the food safety toilet.” 

His blog is an excellent resource on food-borne illness. He actually did a literature review of both the pro and anti raw milk studies. And he acknowledged that several studies convincingly demonstrate that raw milk helps strengthen children’s immunity, which is pretty progressive by regulatory standards today. In the end, though, he was dismissive:

“A number of studies, mostly among children in various European countries, provide convincing evidence that a protective effect is associated with unpasteurized milk consumption during childhood. However, the underlying mechanism for this observation remains unclear and the overwhelming consensus among authors of these papers is that because of the potential health hazards from foodborne pathogens (EHEC, Salmonella, etc.) consumption of raw farm milk cannot be recommended as a preventive measure for allergic conditions.”

In point of fact, Marler was a bit too dismissive. If you look at the largest of the European studies, the PARSIVAL study of nearly 15,000 children, the authors’ conclusion is considerably softer. It notes that “raw milk may contain pathogens such as salmonella or EHEC, and its consumption may therefore imply serious health risks.” But it adds in the next sentence: “A deepened understanding of the relevant ‘protective’ components of farm milk and a better insight into the biological mechanisms underlying the reported epidemiological observations are warranted as a basis for the development of a safe product for prevention.” In other words, let’s pursue the promise here and figure out a way to make this product more widely available.

But that’s not what Marler wants, no way.

Marler showed his true stripes on both local farming and raw milk last fall, when it came to helping a couple of small dairies that produce raw milk in California, via SB 201. This legislation was really a serious attempt to allow more flexibility to smaller producers that were making honest efforts to work with the regulators. Despite overwhelming approval from California’s legislators, Marler pushed eleventh-hour opposition. In a scathing letter asking the governor to veto SB 201, his message was clear: Flexibility isn’t acceptable. If I don’t like you, there are always more steps I can find for the regulators to take to track down germs.

In one of the fawning blog pieces, from Ethicurean, he is even quoted as saying he would prefer to see sustainable farms involved in Community Supported Agriculture (CSA) be more regulated. Unfortunately, the naïve Ethicurean writer didn’t get the import of Marler’s statement: “Community Supported Agriculture (CSA) groups and food co-ops need to demonstrate knowledge and practice of food safety, and be inspected.” The perfect assistance measure for sustainable farms: more inspection.

So that’s my problem with Marler. He might give the media some good quotes, but he’d be more of the same, or possibly too much of the same, pushing us even faster toward irradiation of the food supply as a technological fix.

The fact is that, despite intensive government regulation and inspection, we have a food-borne illness problem that has become so huge that the CDC estimates that one in every four Americans, some 76 million each year, become ill. And while Marler rails against companies that carry out less than optimal sanitation, the reality is that we don’t fully understand why there is as much food-borne illness as there is. We don’t know why some people get sick and others don’t. We don’t even know why people get sick from E.coli 0157:H7 and cows don’t.

I happen to think that Miguel, Dave Milano, and Hugh Betcha are on the right track in pushing for an emphasis on building up a proper internal balance of good and bad bacteria. But in Bill Marler’s universe, such ideas wouldn’t get the time of day. Instead, we’d have more germ police out there, and most likely, ever-growing rates of food-borne illness and chronic disease. Paul Hubbard put it very well in a comment on my previous post, questioning my suggestion that the FDA’s campaign against raw milk is incompetent. The bureaucrats “have very competently injured or destroyed competent leaders in the raw milk/raw foods movement with very little collateral damage in the press.” I think the bureaucrats could feel safe in bringing Marler into their ranks. He is one of them.