I have this sneaking suspicion that the more successful a farmer becomes in the raw milk market, the more likely he or she is to be targeted by regulatory authorities.

 

I’ve written about many of these cases. Richard Hebron and David Hochstetler, the Michigan/Indiana farmers, who together built up a successful operation around the Family Farms Cooperative in Michigan were the first to attract the regulators’ serious attention. Then there was Carol Schmitmeyer in Ohio.


They successfully fought back, but they aren’t all completely out of the woods, and the underlying message has been clear: you get too big, and we’re going to come after you.

We see the same thing happening in New York to Lori McGrath and Barbara Smith. They build up sustainable enterprises, and suddenly the regulators were all over them with listeria findings and search warrants.


Mark McAffey of Organic Pastures in California has had to endure a steady volley of fire from the regulators over the last two-plus years as he’s grown ever more successful, and even though he’s fought them off until now, his situation isn’t unlike that facing Israel over the years. It can win war after war, but the enemy only has to win once, and the game could well be over.

 

The latest regulatory trick I am learning about is a coliform standard backed by the U.S. Food and Drug Administration and the U.S. Department of Agriculture. These agencies encourage state agriculture agencies to adopt a maximum allowable coliform count of 10 bacteria per milliliter of raw milk. So far, a handful of western states have adopted it, including Nevada, Arizona, Utah, Idaho, and Washington. More on this upcoming, but suffice it to say that even a conventional institution like Cornell University says 50 bacteria per milliliter is fine.

 

I raise all this as prelude to Ted Beals’ intriguing insight following my posting about the U.S. Constitution on Sunday. He wonders “how government balances these adverse effects from every ounce of Grade A (processed) milk on the public health, safety and welfare, with the rare possibility that an occasional sample of milk might become contaminated with a human pathogen.” I chuckled when I read that because it’s my sense that government authorities have never given even a fleeting thought to the “unhealth” he alludes to. We have drugs to treat asthma, diabetes, and allergies, don’t we? What’s the big deal?

 

In that sense, the regulators are like most physicians—focused nearly entirely on treating disease—except the regulators are worse. Physicians may ignore the subject of how to achieve good health, but the regulators go after people actively encouraging it once they get a following.

 

It must drive them crazy when hundreds of thousands of people consume raw milk each day around the country, and no one gets sick! I mean, it must just make them gnash their teeth. Their job is to sow fear. What do they do if people aren’t afraid? What a dilemma. They comb the regulations and figure out how to do a tweak here, throw out a roadblock there, rekindle worry and fear, and make sure farmers becoming successful selling healthful products will think twice before continuing to do anything so foolish.

 

So after thinking about Steve Atkinson’s venture to build a bottling plant and go legal, I I wish him all the luck in the world working with the regulators. I really do, because he is sincerely trying to do good. I just worry that once he achieves a certain level of success, the regulators will come looking for him as well.