Now that I’ve had a few hours to reflect, I feel reasonably confident that something will come out of the California hearing. However, it won’t be a repeal of the 10-coliform-per-milliliter standard of AB1735. Sen. Dean Florez, who chaired yesterday’s California Senate hearing on raw milk, said as much on several occasions.

Perhaps most dramatically, he asked a group of five scientific experts at the conclusion of their testimony in favor of raw milk, “What should be put on the governor’s desk?”

One of the experts stated, “Go back to what it was.”

Sen. Florez shot back, “It is not going back to the way it was. It is going to be a tougher standard.”

Now, at first glance, that sounds ominous. But as the hearing proceeded over a period of six hours, it became clear that Sen. Florez has thought about the process very carefully, and appreciates that, politically, it is impossible to simply repeal AB1735, since that already failed in the California Assembly in January.

What he envisions is a replacement of AB1735 with something that appears tougher to germ-frightened legislators, but is in fact more reasonable for producers. Later in his questioning of the pro-raw-milk experts, he stated, “Why don’t we talk about pathogen testing and HACCP (hazard analysis and critical control point)? At the end of the day, (raw milk) is a different product. I’m just trying to figure out a better test that comes to a standard. But we’re not going back to the way it was. We’re going to strengthen the standard and then we are going to the pasteurized milk industry and doing the same thing there.” That last line elicited strong applause from the 200 or so supporters in the audience.

Sen. Florez in his questioning of experts pro and con, along with the producers—Mark McAfee of Organic Pastures Dairy Co. and Collette Cassidy (co-owner with her husband Ron Garthwaite) of Claravale Farm—continually returned to the themes of HACCP and pathogen testing. (HACCP involves developing a highly structured production process, which can be audited, to reduce the risk of food contamination.) The area where he showed the most uncertainty was over the specifics of a coliform standard—whether it should be increased from 10 to possibly 50 or 100, or whether it can be dispensed with entirely.

He explicitly invited the experts in favor of raw milk to help. “I would encourage you to conference call and produce a bill for Sen. (Edward) Vincent and me that is stronger than a single test. I am asking you to go a step further for us. Determine how Claravale and Organic Pastures can be the leaders in raw milk…Agriculture has a lot of sway in this building…Our raw milk dairies don’t have political clout. We’re trying to allow raw milk dairies to have political clout.”

Mark McAfee suggested he was quite receptive to the senator’s suggested approach. “I am very comfortable with HACCP,” he said. He pointed out that he already has a “basic” HACCP program in place that he had used when growing apples, though Sen. Florez prodded him to go further. “You say you have a basic HACCP plan. Are you ready to do a world class HACCP plan?”

Mark said he was prepared to accept a plan that could be audited by outsiders, though “not the state. It all has to do with the mindset of the participants.” He also pointed out he is already testing OPDC’s milk for key pathogens on a regular basis.

While Mark said he was open to a coliform standard of 50 coliforms per milliliter, Colleen said she wasn’t. “Even with 50, we wouldn’t pass consistently.”

What encourages me that Sen. Florez is serious is that he was talking in terms of specific items that could be included within legislation, and what compromises might be possible. Politicians are usually more serious at that stage than when they wax eloquent about broad generalities.

It was also clear he appreciates the urgency created by the lawsuit filed by OPDC and Claravale against the California Department of Food and Agriculture (in which a judge granted a temporary restraining order against enforcing AB1735). He asked Colleen about the suit, and she answered that it was only filed when Claravale and OPDC were pushed close to the brink of shutting down. “It’s preferable to have a legislative solution than a court solution,” she told Sen. Florez.

Sen. Florez was clearly very pissed at CDFA for not being there, and even asked Mark and Colleen what they thought. Mark wisely took the high road, saying “I’m very disappointed. They have a lot to add.”

After the hearing, I asked Sen. Florez what else might happen because of CDFA’s refusal to send a representative. “We’re not done with that," he told me. "We’re going to ask the governor’s office to looking into it.”

And has the senator become a raw milk convert? No, he said, he doesn’t drink it. “I’m trying to remain neutral,” he said. He added that hearing from his old classmate, Christine Chessen, last fall, “inspired me to try to get a better standard.” Left unsaid is that he’s being talked about as a future candidate for lieutenant governor.

I’ll have more to report on the hearing—there was lots of very interesting testimony from consumers and experts alike.  It was amazing that six hours of testimony at the end of a very long day could be so provocative, but it was. Even Sen Vincent, a long-time veteran of the California Senate, and nothing of the kind of expert on raw milk that Sen. Florez has become, was impressed. "I was the first black mayor of Inglewood. I’ve been in the Assembly…This is the best meeting I’ve ever been to where the public responded. This is the best meeting I’ve ever been to, and I’ve been to a lot of meetings."