Why do I get this feeling, as the saying goes, of déjà vu all over again?

This situation with new California legislation SB 201 to fix AB 1735’s obsession with coliforms feels too much like AB 1604 last January, which was supposed to fix the same problem. After a lot of initial hoopla, AB 1604 met an untimely death, pulled down by the combined efforts of the California Department of Food and Agriculture and strong dairy interests, it seems.

Now, granted, Sen. Dean Florez is more influential and better informed than Assemblywoman Nicole Parra. But any legislation that requires a two-thirds majority to get through is already bucking the odds, and when its goal is to make it easier for consumers to get hold of raw milk, well, it’s asking a lot.

I worry from the debate following my previous post that when this bill comes up for debate, it will encounter partisans locked into pre-conceived positions; a clear example is already available on the Marler blog. And I wonder if we’re all missing a key point: that Sen Florez has come up up with a creative way of answering the concerns on all sides of this issue. Those worried about the safety of raw milk get more extensive and documented testing for pathogens than ever took place before. Those worried about rights get less–after all, the regulators still retain wide authority–but still get a clear set of seemingly workable rules whereby raw milk remains widely available.

Isn’t that really what we want of our politicians—to listen and then come up with creative solutions that satisfy everyone’s key concerns? I must say that I am very impressed by the manner in which Sen. Florez has handled this entire matter.

Now it’s up to the constituents on all sides of this issue to decide how to respond. Unfortunately, the CDFA hasn’t up to now shown itself to be interested in real solutions. Otherwise, it wouldn’t have sneaked through AB 1735 in the first place, and it would have attended the hearings on SB 201, and provided some insights into its views on the ideas being bandied about.

The real test is approaching, for CDFA and all those who claim to be concerned about ensuring safe raw milk. Are they willing to seriously consider an enlightened new approach to safety? Are they willing to try a new path? Or will we find out that safety isn’t their real underlying concern, but rather that control is what they most covet?