You knew Mark McAfee was probably not going to score a lot of points when silence greeted his opening line to a group of dairy regulators and industry bigwigs, that his appearance was “like someone coming to a gathering of priests and saying, “There is no God.”

Maybe the reason there wasn’t any reaction was because his crack was more accurate than he could have realized. He was speaking before a committee of the National Conference on Interstate Milk Shipments, an obscure organization of regulators and big business representatives that meets every two years to consider adjustments to the nation’s dairy regulations (for example, increasing the bacteria count allowable in goat’s milk or allowing introduction of carbon dioxide into milk shipped to Hawaii, to lengthen its shelf life). It is ostensibly an independent nonprofit, but all its proposed changes must be approved by the U.S. Food and Drug Administration.

McAfee had petitioned the NCIMS in connection with a citizen’s petition he has filed with the FDA seeking a lifting of the ban on interstate shipments of raw milk. You got some sense of his status at the conference when he was assigned to the 8 a.m. Sunday morning committee.

But interestingly, there were about 60 regulators and industry reps in attendance, in addition to the dozen or so committee members (which included more state regulators and an FDA official, Cindy Leonard, pictured above, who spent much of the presentation shaking her head in disapproval) who sat around a long table to listen to proposals. There were regulators there from Wisconsin, Michigan, Ohio, and Washington, among others. They were clearly interested, or concerned, about the growth in popularity of raw milk in their states. One from Wisconsin told me raw milk herdshares continue to spring up, but her bosses haven’t shown “the political will” to go after them in a big way.

This conference is like something from a past age in other ways as well. There was no Internet signup for the conference, no meals served at the conference (even though it goes for six days and there’s a $400 charge), and little in the way of technology options for presenters who might want to use PowerPoint.

So McAfee made his presentation standing at the head of the long committee table, and he did an impressive job. He emphasized three main points:

  1. The economic attractions of raw milk could lift dairy farmers. “I get $150 a hundredweight (the common measurement of milk, about 11.6 gallons), while conventional dairies get $11 a hundredweight. We cannot keep the milk on the shelf. We are running out in some stores three days before our next delivery.”
  2. There’s a huge black market developing in raw milk. “I don’t want a black market,” he said. “I want standards and regulations. I want the FDA to come in and inspect my milk.”
  3. Raw milk helps its consumers build their immune systems. “If you take a drink of raw milk every day, your immune system will get stronger and stronger,” he said. “Sterile foods do not make your immune system strong.”

But the fix was in, as it were. After McAfee had completed his 15-minute presentation, two industry representatives stood up with what seemed to be prepared statements opposing him—they clearly hadn’t been impressed by the economic advantages to farmers. Robert Byrne of the National Milk Producers Association, said “the federal ban (on raw milk shipments) should be extended to include an intrastate ban.” In other words, a national ban on raw milk. Yes, I’d say he wasn’t impressed.

Jim Howie of something called the Southern Marketing Agency, a consortium of Southeastern milk processors, scoffed at McAfee’s claims about the economic advantages of raw milk. “This should not be a marketing issue…I market organic milk. Organic milk isnot raw, and raw is not organic. Yes, there is a black market for raw milk. I cringe when I see it. Use the laws they have to close that black market…If someone gets sick (from raw milk), the newspaper article will not say raw milk, it will say milk…will hurt dairy farmers around the country. This proposal would be a step backwards.”

Neither Byrne nor Howie addressed the reality that growth in raw milk would render processors less and less relevant. Or maybe they did in the vehemence of their denunciations.

The only support McAfee had was from Pete Kennedy, head of the Farm-to-Consumer Legal Defense Fund. “This is a freedom of choice issue,” he said. “Consumers aregoing across state lines…You are making otherwise law abiding citizens into criminals.”

As I said, the fix was in. The proposal was voted down unanimously by the committee on Sunday, and then again today by a council that heard all committee recommendations.

McAfee wasn’t fazed, though. He said about twenty regulators had approached him privately to express interest in the subject. Perhaps he planted a seed.