The more I write about the raw milk wars, the more convinced I am that the issue has as much to do with economic development (read “jobs”) as it does rights…and has very little to do with food safety and public health.

The unfolding saga on the new Massachusetts front provides a vivid illustration of how easily the regulators sacrifice jobs for what they say is food safety and public health, but for them has much more to do with politics, ideology, and likely other things they don’t want to talk about.

I wrote a few days ago about the Massachusetts Department of Agricultural Resources issued cease-and-desist orders against three buying clubs that deliver raw milk from farms to consumer drop-off points around the state. (These buying clubs range in size and approach from a few raw milk consumers organizing themselves and neighbors into car pools to pick up milk to more formal businesses in which the owners charge membership fees in exchange for milk delivery; from a legal perspective, the milk consumers are designating the club operators or owners as their agents to pick up and deliver milk.) At the time, the DAR’s commissioner, Scott Soares, insisted that his agency only very recently became aware of the buying groups, even though at least one has been in existence for eight years, and has had contact with key officials of his agency. He also insisted that the intended shutdowns had nothing to do with pressure from another agency, the Massachusetts Department of Public Health. Finally, he said that the intended shutdowns were the result of public health concerns stemming from fast-growing demand for raw milk.

I should point out that Scott Soares has for several years positioned himself as favoring the expansion of raw milk production in Massachusetts by licensed dairies, as a way to provide economic opportunities to the state’s few remaining dairies. I’ve had a number of conversations with him in which he argues articulately on behalf of raw milk as one way to encourage the economic viability of small dairies. When the raw milk issue came up in December and January before the Framingham Board of Health and its consideration of whether to approve a dairy in the Boston metropolitan area for raw milk sales, the DAR came out solidly in favor of the farmer, Doug Stephan. The Massachusetts Department of Public Health adamantly opposed the approval, arguing that raw milk is a serious public health threat. (Doug Stephan now reports he will begin selling raw milk next month.)

The clash between the two agencies is one of the few times the public gets to observe first-hand the often-private clashes between agriculture and public health officials over raw milk. 

Just to step back a little, Massachusetts developed a reputation over the last couple decades of last century as a high-tech and venture capital center, serving as the East Coast’s version of Silicon Valley, creating lots of high-paying jobs. But the last decade has been an economic development disaster for the state—it is just completing ten years of what the Boston Globe labels a “lost decade” because the state wound up with fewer jobs than it started with.

Jobs, of course, are a huge problem for the country as a whole. In a country that has more than its share of big problems, the challenge of creating enough jobs for a growing population may be the biggest, and the country has in recent years been shedding jobs more quickly than it has been creating them. Indeed, it’s not a big leap to say that jobs are a much bigger problem than food safety.

Moreover, it’s well known among business researchers that it’s the smallest businesses—newly forming companies and growing smaller companies with fewer than twenty employees—that create the lion’s share of America’s new jobs. Way more than the big corporations.

The official U.S. unemployment rate has hovered around 10%, and a number of experts feel it is higher than that because unemployed people stop being counted as unemployed if they stay out of work more than a year. One site that analyzes government statistics feels the real rate is likely over 20%.

If you notice, all the public health people who cry crocodile tears about food safety rarely bring up statistics. The only place you see stats even occasionally is at the MarlerBlog, but even there they are far from conclusive, such as in comparing illnesses from raw milk versus pasteurized milk. That’s because the stats for food safety are a joke—CDC says there are 76 million illnesses a year, yet actually reports fewer than 25,000. Even if you figure a multiplier of 40 unreported illnesses for each reported one, you’re talking about less than one million illnesses a year.

Which brings me back to Massachusetts. The state hasn’t had a reported raw milk illness since the late 1990s, and even that is an exaggeration. Some boy scouts visiting a farm drank raw milk intended for pasteurization—milk that would never have been sold to consumers. There’s nothing, zilch, in terms of a public health problem from the state’s rapidly expanding raw milk business.

We do know it provides all kinds of economic benefits (not to mention potential health benefits, but that’s a separate subject). NOFA-MA did the most detailed assessment of the economic benefits and found that not only do the dairies selling raw milk improve their financial status, so does the local community.

Yet the Massachusetts Department of Public Health, watching over the state’s citizens like worried parents, felt compelled to write a letter in January to an official of DAR. “Massachusetts, as well as other states nation wide, is grappling with an increased demand for the availability of raw milk. Unfortunately, this demand is being fueled by economic incentives and is being promoted by unfounded health claims.” Yes, that would be unfortunate if Massachusetts farmers succumbed to “economic incentives.”

The letter names two buying clubs that it thinks DAR should crack down on, and adds, “The result is that consumers are being supplied with a product that is known to be dangerous…” So dangerous Massachusetts hasn’t had a single illness in more than a decade.

Though he says he wasn’t influenced by public health officials, it’s now clear that when MDPH said, “Jump,” Scott Soares answered, “How high?” (A spokesperson for DAR told me Friday the agency is “reviewing” the MDPH letter and may have a response next week.)

Why did Scott Soares bend so easily? Maybe he needs MDPH’s support for the next job on his journey up the bureaucratic ladder. Maybe he is looking for some FDA money. There are dozens of maybes, and hopefully he’ll say more.

In places like California and among Pennsylvania’s private buying groups, raw dairies do help create jobs. Honest jobs producing honest food. What more can you ask for?

But in Massachusetts (and Wisconsin, Georgia, New York, etc.) the focus is on administrative orders and legislative lobbying designed to stymie job creation. Scott Soares, with his cease-and-desist orders, is wiping away an untold number of jobs, in a state and a country that are hemorrhaging jobs. In that survey last year by the Northeast Organic Farmers Association of Massachusetts, half the 24 dairies selling raw milk said they make use of buying clubs to help distribute their milk. Putting these organizations out of business not only puts their owners out of work, but threatens the viability of farm jobs.

I wonder if Priscilla Neeves, director of MDPH’s Food Protection Program, as well as Scott Soares, would do what they are doing if they had to face the buying clubs owners and farmers they are threatening to put out of business. Would they still wield their big sticks, and lie about the dangers of raw milk, if they had to look the people in the eye and tell them their jobs are gone?

On a related note, Bill Marler’s commentary on Wyoming’s proposed Food Freedom Act, it’s in the same spirit as what’s going on in MA, WI, and other states. It’s anti-economic development. In fact, Bill Marler is acting like a bully. He’s got some influence, and he’s blustering, “You don’t do what I want, and I’m going to sue you…Heh, heh, and watch the jobs I get rid of in the process.” It’s the same as what he was doing in PA in trying to intimidate Whole Foods into not carrying raw milk from Edwin Shank’s dairy, and thereby trying to crimp that business. Why does he want to squash poor small farms? I know the speech about seeing sick kids in the hospital, but we’re not talking about illnesses. We’re talking in Wyoming about an idea to give the smallest farmers and food producers very limited breathing room to sell food–by producing food for a wedding or a roadside stand or farmers market. Why can’t the state try to encourage farmers to sell privately in such limited and direct ways, without the costly burden of licensing and excessive regulation, so to create jobs and local community revenues? The fact of the matter is that he (and any other lawyer) can sue a food business whether it’s licensed or not. Since when is the American capitalist spirit about spreading fear, and clamping down on business development? Where have we gone so far wrong?

Or maybe the economic development is supposed to happen at the ag agencies and departments of public health. The more fear they can spread, the more jobs they create in their agencies.

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I’d like to respond to Amanda Rose’s concerns about Organic Pastures Dairy Co. and her suspicions that it is outsourcing at least some of its milk and cream. As she says, the matter has been discussed extensively on this blog and elsewhere. I wrote about it in my book, The Raw Milk Revolution, along with other aspects of Organic Pastures’ history and business practices.

I’m inclined to agree with Steve Bemis and Ken Conrad, that Mark McAfee should be as transparent as possible, for the sake of credibility in the campaign to encourage wider acceptance of our right to consume raw milk. Part of his challenge stems from his business success.

Because Mark McAfee has been so effective in tying himself and OPDC to the raw milk rights movement, it’s sometimes difficult to separate the company and the movement. It’s important to keep in mind that the governance of Organic Pastures is entirely in the hands of Mark McAfee and his family. Organic Pastures is not part of the Weston A. Price Foundation. I have absolutely no role in it.

Mark benefits greatly from the identification of the movement with his company’s brand. From a business perspective, he’s done a masterful job of tying his company’s brand to a group of unbelievably loyal and engaged customers. Many companies would pay a lot to accomplish what Mark has accomplished.

On top of all that, he has what is essentially a monopoly position.  It controls 70-80% of the California raw milk market. The reasons for that have a lot to do with the tough regulation of raw milk, which scares most competitors away. It isn’t as if Mark McAfee hasn’t encouraged other dairies to get into the business, but they haven’t. So while he may be a benevolent monopolist, essentially, from a business viewpoint, Mark McAfee can do as he pleases in the California marketplace.

With the benefits of marketplace leadership and customer loyalty, though, come responsibilities. I agree with Amanda that Mark has a responsibility to be more forthcoming than he has been, that he should provide an accounting. He is so engaged with his market, and demands such transparency from the regulators and public health community, that he must set a standard, even if they don’t.

I’d be glad to report on the situation concerning Organic Pastures’ outsourcing. It hasn’t been highest on my priority list simply because it seems as if there are many more serious outrages going on in this arena. I admire Amanda Rose’s concern and persistence over this issue, and I’ll be glad to do what I can to clarify the situation. Guess the ball is, once again, in Mark McAfee’s court.