Like others here, I’ve been fascinated by the back-and-forth between Steve Bemis and Bill Marler following my previous post.
In business situations, executives generally hand things over to the lawyers to hammer out details after the parties have come to a general agreement. In this situation, things seems reversed, as it’s the lawyers who are seeking a general agreement of principles.
I hope they’ll continue, maybe save everyone else a lot of work, maybe even prove wrong my prediction in the previous post about the possibilities for an accommodation. That’s one prediction I would love to be wrong about. I certainly admire their persistence. And I admire Bill Marler’s willingness to take a lot of barbs in several recent exchanges he’s had with bloggers here, and stay reasonably cool and provide succinct responses.
Having said all those nice things, though, I’m going to express my own personal concerns about where this is heading. I’m going to express them more with the hope of inspiring some new Great Thoughts or Great Insights than to sabotage anything.
One concern I have is that we don’t wind up ratcheting down from what already exists in the world of raw milk. By pushing to limit raw milk sales from farms, implementation of Bill Marler’s proposal would lead to worse availability of raw milk in a number of states like Maine, Connecticut, Pennsylvania, Washington, and California. And it would restrict distribution in places like Vermont and New Hampshire, which have broadened availability, such as through some retail sales (NH) and direct delivery to customers (VT). (Though it seems Marler has softened his approach some, saying, “I think I would concede that retail sales and oversight is working in states like WA and CA. My preference, however, is for direct farmer to consumer sales with regulation and inspection.”)
A second concern, I have, and this one is more difficult to articulate, but maybe the best way to say it is that I don’t get a good feeling that Marler’s heart is in the right place. I say that not to question his motives, but rather as an observation of his actions and tone. Generally, when someone from the majority, or ruling class, reaches out to a minority to try to reach an accommodation, it’s because the majority representative has had some inspiration of feelings of empathy—an understanding of the injustice being perpetrated on the minority, for example. In this case, it might be that regulators are beating up on farmers in a number of locales. The reason this is important is that the majority representative needs to be able to “sell” whatever is negotiated to other members of the majority—in this case, the public health and agriculture regulator community.
While Marler sounds reasonable in his back-and-forth with Bemis, I can’t find much evidence of empathy or understanding—in fact, quite the opposite. To my knowledge, he has opposed every single legislative push for a loosening of regulations on raw milk and other foods. He opposed SB 201 in California, the Food Freedom Act in Wyoming, and, now, the proposed raw milk legislation in Wisconsin.
And he is an ardent supporter of the food safety legislation pending in Congress, which will likely put many small food producers out of business by requiring expensive compliance and heavy-duty FDA oversight.
There’s a famous saying, “Don’t judge me by what I say, judge me by what I do.” So while I like what Bill Marler is saying to Steve Bemis, and his language in opposing the Wisconsin raw milk legislation is softer than usual, I have difficulty imagining him “selling” any agreement to his allies in the regulator community, who are going to be completely skeptical, at best, of any kind of “concessions” to the raw milkies. When they say, “Bill, have you lost your mind?” what’s he going to say? I hope he wouldn’t say, “Listen, I’ve come up with a way to keep them boxed in. We haven’t given them more than they already have in most states, and we can always find something either in the labeling or the inspection protocols or whatever to oppose liberalization and tie things up.”
I’m not asking for Marler to change his stripes, but rather to think more about the psychological and emotional overlay of this whole raw milk situation. There’s been a lot of alienation and even a sense of betrayal in much of what’s happened in the last few years. That doesn’t just disappear with a few nice words.
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Speaking of betrayal, the Whole Foods betrayal of raw milk doesn’t show signs of turning around any time soon. Mark McAfee, owner of Organic Pastures Dairy Co., reports that he didn’t get good vibes from a conference call he had with officials of the chain Tuesday. While national raw milk standards for the chain are promised in a few weeks, there’s no indication of how the standards will be developed. He also says his request for Whole Foods to set up a California complaint line about raw milk was refused, ostensibly so all efforts can be devoted to coming up with new standards.
“We are preparing for a life without Whole Foods,” and the 52 stores that stocked it, says McAfee. “This is a bed they made for themselves. Yet we are constructively hoping that Whole Foods will have raw milk back. In either event…we will have grown in the market as a result. Independent markets love our products.” He says six independent stores have taken on Organic Pastures raw milk, and existing stores are selling more than before.
And you gotta love this. John Mackey, Whole Foods’ CEO, has a new article out on the “high trust organization.” No mention of all the trust created by staying with raw milk.
Hard times for NJ dairy farmers by James Osborne
HMMM peace talks have not helped these folks! If the current rate of decline continues in less than 10 years there will be NO dairy farms left in the state of NJ!!! The SYSTEM is destroying the factory dairy farms as well as raw dairy farms. Solution change the system [good luck]? Or somehow reconnect the producer directly to the consumer with NO ONE in between. Or just pass me the powered milk from China because our cows will join our real jobs that have been exported over the last 35 years!!!
We have long been asleep…a sleeping giant…when it regards government intrusion on our rights, nutrition and otherwise.
The giant is awakening…the rights have been stepped on too hard…and the question now is does the giant come fully awake and take the war…and it IS a war…to the regulators, or does the giant allow himself to be lulled back to sleep. I hope for the first.
I fear the second.
BH
http://www.JuicyMaters.com
The above article states, Conventional medicine is dying ultimately because it is based on an obsolete dominant mechanistic model that does not recognize the coherence of the organism.
The article also quotes health journalist and author Nick Regush, Medicine as we know it, is dyingThe disease is caused by conflict of interest, tainted research, greed for big bucks, pretentious doctors and scientists, lying, cheating, invasion by the morally bankrupt marketing automatons of the drug industry, derelict politicians and federal and state regulators.As a journalist, it has become very plain to see how little anything the medical Establishment does these days can be trusted or taken at face value. Press conferences, journal articles, symposia all are geared to spike and obfuscate the truth, to hide red flags from the public and to bulk up the shares of investors in the companies that are promoting the science and the researchers.
Ken
Take a good hard look at what is happening to the dairy farmers in NJ and elsewhere. This is slavery. The attacks on raw milk have nothing to do with safety and everything to do with putting down those trying to throw off the chains. Any result that has farmers enduring licenser and inspection will see the same end of farmers as the PMO producers are experiencing now.
http://www.marlerblog.com/2010/03/articles/case-news/on-farm-raw-milk-sales-to-happen-in-wisconsin-only-if-warnings-registration-inspection-and-testing-are-required/
This is a "Raw Milk Stand-Down".
They have seized the national raw milk initiative from the FDA, an agancy that has done nothing accept deny, bash and ban raw milk. Wholefoods loves raw milk and has taken the bold and brave position to lead the nation and establish some national standards for raw milk. Something that is missing and needed. This is short term pain for long term freedom and gain for all.
Trust me. Look farther down the road.
Walter Robb… you and your team are genius….
All the best,
Mark
Farmers speak: Bust up big AG!
These farmers are not "wordsmiths" and are not speaking out of both sides of their mouth. These are victims speaking about REAL family PAIN loss of ability to earn a profit loss of private property and even loss of life!!! They are the VICTIMS of the modern day LEGAL SLAVE MASTERS.
If this video does not bring a tear to your eye nor breaks your heart for the pain of these folks and farmers nationwide are now suffering perhaps you are part of the problem.
300000 cows slaughtered last year LIVING SEEDS legally conrtolled by corporations.
Alas our land REEKS of GREED and inordinated lust to control EVERYTHING we do.
Will free speech be next?
Something else that concerns me a LOT, though, even more so than the carpool question. There is a requirement that the farmer collect information about the customers and retain the records for at least a year. Why? What is the purpose of my name (if I were in WI, that is) being a part of the records? Does this mean that he will have to validate me by recording my documentation? What if I am doing the car pool thing, and he sees that I’m purchasing what looks like an excessive amount of milk? Is he supposed to report that to someone?
Why does this record need to be made and kept when the same record is not needed if I want to purchase other things from him – like zuccini?
I attempted to post this on the Marler Blog too, but it would not let me. Not sure why, but I’ll try again.
Name rank and serial number nearly required for EVERYTHING we do and it is surely not for our benefit. Isn’t time for us all to just start saying NO NO and NO. NO is a complete sentence will they understand that?
Interesting, Bob Hayles comments did go into junk – I saved them – they are up now.
ANY agreement that puts raw milk back on the shelves of WF will be so full of requirements and overdone standards as to effectively shut out the small producer due to cost. Only a large operation (relative to raw milk, not CAFO’s) like OPDC will be able to meet said standards, and in yet another way OPDC becomes like the big agri boys…protected by regulations that a small producer finds impossible to meet…due to cost not quality.
I thought that, at least in part, that was what we are fighting against?
BH
http://www.JuicyMaters.com
Having researched, authored and established and operated food safety programs in the past and now at OPDC. It has been my experience that the smaller the operation, the fewer the risk entry points and the easier the management of the system.
The larger and longer the food chain is…. the harder and bigger the food safety program can be and the more entry points it has to monitor and control.
Wholefoods is a smart company and I believe that any food safety standards they create will take this into account. They love raw milk….trust me…when I speak with the WF dairy case managers they are very depressed and sad by the loss of the raw milk customer. They can not wait for the return of the living whole raw milk and the happy smiling over joyed consumers that demand it and drink it.
Remember that any effective food safety plan is dynamic and is alive. It is not set in stone and can be adjusted over time to become more efficient and effective as things are learned.
A food safety plan is an essential part of the everyday life of a successful raw milk dairy operation….that is if you want to be successful and stand up proud in this battle….a raw milk dairy just can not be having sick people or recalls. Ask the Steuves ( Alta Dena ) about that piece of history. A raw milk dairy and its market will be taken down by repeated recalls.
It is a battle…never ever forget it. A battle to reconnect farmers to consumers, a battle for freedom and a battle for our health and the foods that bring us health.
Mark
", or provide alternate means of communicating with customers with substantially equivalent effectiveness in a timely fashion (e.g., email) surrounding a possible contamination event; provided, that the department may not make any use of any such identifying information for other than epidemiological purposes."
Concerning clarification to (2g)(b)(3), I would suggest the following consistent with my earlier comments about apparent restrictions on pickups, so that the section would read as follows:
"3. All sales are to individuals who will consume the milk, who may be represented through agency, car pool, delivery sharing or buying club arrangements; provided, that in no case shall the intent or effect of such arrangements be for resale."
http://www.foodsafetynews.com/2010/03/cdc-traces-outbreak-with-shopper-cards/
It has been a good way to confirm if an outbreak actually has happened, and if so, quickly contact customers to pull product.
I can walk into my local Kroger and buy a pound of deli ham and pay for it without giving any info…this despite the fact that CDC data plaInly states that deli meat is the single most deadly food in the US. They don’t collect NEAR enough data to track all the folks poisoned in a deli meat outbreak…and shouldn’t.
BH
http://www.JuicyMaters.com
I posted today about refusing to give my name to RL Polo to purchase a sweater I also refuse to provide Lowes my phone number when purchasing a nail or any other retailer ect. So that begs the question?
If your idea concerning required customer lists is enacted and I refused to provide my name to the farmer would I then be denied the ability to purchase raw milk? Simple yes or no?
I find it spooky that shopper cards are being used to track specific purchases to specific customers, even if it is related to disease outbreaks. I refuse to use these type of cards, in order to protect my privacy. Any discounts are not worth the loss of privacy to me.
To add a little humor, how about a new Program: "Know your farmer, know your food, know your consumer, know your lawyer."
You have just confirmed my worst fears the land of the free is no more. And the institution of Karl Marx’s 9th Plank will be complete. SIGH and SIGH
Somebody please tell I got it all wrong!!!
I like really stupid laws….they expose the stupidy and greedy alliances of those that made them and they will get changed later.
I say…sieze what ever ground you can take, on what ever terms you can get it.
If you can get a law that allows legal sale of raw milk at the farm with a sworn affidavit for each person that buys it…so be it. Go for it. You may want a mile…but you may get an inch…take it.
When you have the names of all the people that buy raw milk you have just enlisted the best storm trouper fighting force in the history of food.
That kind of law actually back-fires big time…who the heck was really thinking when they dreamed up this really stupid law??? Now you have a defense force to do your battle. All you need to do is grow your market and create an email list and wait to push SEND to send in the Raw Milk Moms to tear the heads off of anyone that attempts to claim your rights or their sacred raw milk.
I think you should now mandate that everyone give their names. What a great way to have thousands of people get really pissed and really be a big part of round two change.
The more outrageous the rules,….the better.
Only truly pissed people get mad enough to change anything. When that pissed person is a mother lion with kids watch out legislatures,…they bite hard.
Turn the tables…..you have got to start seeing lemons differently…!!!
Opportunity guys!! Opportunity comes in weird shapes, sizes,colors, packages and languages.
Mark
http://www.vernonbroadcaster.com/articles/2010/03/18/thisjustin/04leadthis.txt
http://www.ctvbc.ctv.ca/servlet/an/local/CTVNews/20100318/bc_milk_court_100318/20100318?hub=BritishColumbia