Demonstrators yesterday in support of Evergreen Acres Goat Farm herdshare in San Jose.Herdshares have been sprouting like grass in a well-watered pasture out in California. No one knows exactly how many there are, but by some estimates, there are 65, or possibly even 100 or more.

As in many states, California has no explicit rules regarding herdshares–in other words, they’re not illegal. Because the herdshares have been allowed to sprout unimpeded, it was thought California’s Department of Food and Agriculture was taking a hands-off approach…until now.

Yesterday, law enforcement and regulatory representatives met with two herdshare operators in San Jose, owners of the last remaining farm in San Jose city limits, and gave them a heavy dose of intimidation. Down in the lobby of the office of the Santa Clara County District Attorney, at least 20 herdshare members and supporters demonstrated, waving placards in support of their raw milk producer (see photo above).

The herdshare operators, Mike and Jane Hulme, owners of Evergreen Acres Goat Farm, have been running their herdshare for six years, during which time it’s grown to nearly 200 full and partial participants. “It was finally at break-even,” Mike Hulme told me. He and his wife tend to about 50 goats, with as many as 30 currently milking. They also breed goats, and have in the past run the farm as a petting zoo.  

In late May, the Hulmes received a cease-and-desist letter from the Santa Clara County district attorney’s office. Yesterday, they met with an assistant district attorny, Nahal Irwani-Sani, and via conference call with a representative of the California Department of Food and Agriculture, Scarlett Treviso, of the Milk and Dairy Food Safety division.

There were the threats–talk of a possible fine of $10,000 and a year in jail for violating California’s dairy laws. They said the herdshare wouldn’t be allowed even if the shareholders milked the goats themselves. They refused to allow Pete Kennedy of the Farm-to-Consumer Legal Defense Fund to participate via conference call because he isn’t licensed to practice in California. 

Yeah, what a bunch of tough guys with a couple of struggling farmers unable to hire the $500-an-hour lawyers places like Kellogg and Dole bring to the table. “They basically said, ‘You need to get a dairy license or go to jail,” Mike Hulmes said afterwards. In the meantime, the couple is abiding by the cease-and-desist, and unable to provide herdshare members, who come from around the Bay Area, with milk at the height of milk production.

Mike Hulme said the couple isn’t interested in having a full-scale dairy production business, and making the investment of many thousands of dollars in equipment and buildings that would be necessary (and likely wouldn’t even get city approval) to obtain a license. “Milk is part of what we do, breeding is part of what we do.”

But boarding and milking the goats for herdshare owners provides the ongoing cash flow essential for maintaining the farm.

Mike Hulme expects to legally challenge the cease-and-desist, but isn’t sure exactly what form the challenge will take. A lot depends on the support he receives from the Farm-to-Consumer Legal Defense Fund, which is still to be determined.

He feels the herdshare was discovered by authorities because it was listed on the Real Milk web site. Since the farm’s problems with state authorities became known, he says he’s received about 100 emails from people around the state who say they are obtaining milk via herdshares or running herdshares themselves.

It’s easy for me to say, but I hope the Hulmes stand up to the authoritarian busybodies at CDFA (and their public prosecutor friends). If they do, they will need lots of support from California consumers who value food rights–support in the form of demonstrations and donations.

It may be difficult to appreciate, but the persistent warfare being waged against food producers serving private organizations of consumers is actually a sign of desperation by the authorities. The fact that California has many dozens of herdshares is just one indication of the surging demand for nutrient-dense food. The success being achieved by producers in Washington and producers in Idaho is further evidence.

Consumers are voting with their pocket books. But they must continue to fight tooth-and-nail in other ways to ward off the forces of control and repression. The prosecutors and regulators want to make examples of people like the Hulmes in San Jose, and try scare off other producers and consumers.

But a surge of public support could keep that from happening. The Santa Clara County District Attorney is an elected office. Residents might want to let Jeffrey Rosen, the DA, know this case isn’t “the breath of fresh air” he promised in his campaign last year. His office’s phone is (408) 299-7400.
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 I, for one, think the discussion about the Raw Milk Institute, accusations and invective included, has been healthy. Get everything out on the table.

Mark McAfee captured my motivation for becoming involved: “What I saw time and time again was scattered tattered rules and regulations or no regulations at all. I saw consumers begging for delicious safe raw milk. I saw farmers doing a great job of producing raw milk and I saw farmers doing a horrible job of producing raw milk. I also saw that the FDA PMO NCIMS and CAFO FOOD Inc forces absolutley rejoicing in tne raw milk mess and lack of cohesion. I even saw Whole Foods Stores betray OPDC and Claravale and the Family Cow in Pennsylvania kicking us out of the store (with Marler’s help I might add) becuase there were no national standards for raw milk and two kids had gotten sick from Retail Raw Milk in Conneticut.”

He is correct that the authorities have been “rejoicing” in the lack of organization from supporters of raw milk and other nutrient-dense foods. That lack of organization makes the natural-born bullies who govern us ever more inclined to take out their anger and hostility on defenseless people like Mike and Jane Hulme and the many others I have written about here.

 I agree that there is a danger RAWMI could become another Big-Ag-government-sanctioned enforcer. I’m hoping that RAWMI will be a different kind of organization than we have seen up till now in the world of sustainable farming. One that finds ways to take account of all the different forms of production and distribution that have come into play as the raw dairy market has taken shape.

As milk farmer suggests, I think we should put our visions of demons aside for the time being, and let this thing take shape. Sylvia makes an excellent point: “It is ok for there to be disagreements, it is not ok when people are put down for not agreeing. That puts you in the same category as the one who said it was russian roulette to drink raw milk.”