If you want to know how serious the U.S. government is about discouraging raw milk consumption, especially via herd shares, consider the experiences of Anita and Michael Puckett, owners of Dee Creek Farm in Washington state.
Dee Creek is the dairy whose raw milk apparently sickened anywhere between seven and eighteen of its shareholdersdepending on whose versions you believewith E.coli 0157:H7 back in December 2005. The two most seriously ill were children who developed HUS (hemolytic uremic syndrome) and had to be hospitalized for a month. They recovered, as did everyone else.
Ive been trying to report on the situation with Dee Creek since early 2006, but because of the Pucketts legal problems, have held off. Even after I learned last November about the fact that the U.S. Justice Department was seeking a criminal indictment against the Pucketts, I was requested by a lawyer representing the Pucketts to delay any reporting, since it could worse their situation. Earlier this week, though, the legal case finally came to a conclusion, and Anitas sister, Katrina Florence, released a number of legal documents relating to the case.
These documents show that between the illnesses and the notification from the Justice Department about the possible criminal indictment, Anita and her husband, Michael, together with the help of friends and insurance coverage, paid state penalties to the Washington State Department of Agriculture of $8,000, plus $70,000 to children who became ill from Dee Creek milk. That doesnt count the $15,000 it cost them to keep feeding their cows over more than a year nor many months of lost income from not being able to distribute their milk. (The Weston A. Price Foundation realmilk web site has a pretty complete description of what happened.)
The U.S. Justice Departments notice (that its investigation has developed substantial evidence linking you to the commission of a crime, and that, in the judgment of this office, you are a putative defendant in a criminal case) arrived just at a time when the Pucketts thought they were finally putting this nightmare behind them.
Keep in mind, the Pucketts made their milk available under a herd share agreement, so the federal government was coming after them because some of their share owners lived over the border in Oregon. It wasnt even as if the Pucketts delivered the milk over the border, and it wasnt as if the Pucketts were selling milk. As part of the herd share agreements they signed, the shareowners all agreed that they understood the potential dangers of raw milk.
After some months of negotiation between the U.S. attorneys office and the Pucketts, the U.S. attorneys office, in all its magnanimity, agreed to recommend to a judge that the Pucketts be given a year of probation if they would plead guilty to their crimes. This wasnt a guarantee, though. According to the plea agreement, the Plucketts knowingly introduced, or aided and abetted the introduction, of food into interstate commerce and Second, the food was prepared, packed or held under unsanitary conditions whereby it may have been rendered injurious to health. The judge could have sentenced the Pucketts to up to a year in prison, a fine of up to $100,000, and up to one year of supervision after release from jail.
The Pucketts, who were out of money and in debt, as well as emotionally exhausted, agreed to the deal.
In a letter to the court, here is how they described their experiences after shareholders became ill:
The first couple of months were spent with a dark, oppressive cloud hanging over us for fear for the children. Anita could only sleep for moments at a time, waking to crushing feelings of horror and panic. She could not eat. She could not think. She could not speak. She could not even pray, except for mercy for those kids.
Anita began experiencing a full-time anxiety attack. At first she was in a state of shock, then constantly crying. She became inconsolable, debilitated; unable to cope with everyday life. We did not pay our bills, or take care of necessary business. Anita refused to take or make telephone calls except with ill co-owners, becoming terrified of what every ringing telephone might bring. She paced from room to room. Whenever a moment opened up where thoughts came flooding in, she would involuntarily moan and wail. Her blood pressure shot up, and she began experiencing heart palpitations and hyperventilation. Her physician put her on blood pressure medication and referred her for counseling.
For several months, we became wary of the safety of any food. Anita went through a period of paranoia, worrying about everything that went into our children’s mouths. We obsessively checked everyone’s stools for many months following.
When we managed to survive the WSDA issues, then the civil settlement, we began to think life might return to its pre-chaotic state. The shock of a criminal prosecution was almost too much to bear. We are very patriotic people, and it hurt to see United States of America vs. ourselves. The criminal label has been a very heavy burden, especially to Anita and her self-image, so much so that she has returned to counseling. Her therapist has suggested that Prozac might be in order for her.
Our children have suffered. {The Pucketts have four grown children and seven adopted children living at home.} As result of media harassment, our children have become nervous of helicopters, airplanes, police, reporters, and the legal system.
There has been great personal financial devastation. We have barely survived these almost-three years. Earlier this year our house/farm went into foreclosure. Thankfully, friends lent us the money to get it outOur credit has been destroyed.
Last Friday, the Pucketts appeared before federal magistrate judge Karen L. Strombom in Tacoma, who heard the recommendationand refused to go along with the deal. Heres what she said:
“I frankly don’t see what benefit anybody gets from putting these people on probation. I realize everybody here has come to this court agreeing to that, but I don’t agree with it.
She accepted the guilty plea to a Class A misdemeanor as sufficient punishment, adding: “I don’t see how we accomplish anything by having these two people put on probation. I just don’t get it.”
Just for emphasis, she gave the Pucketts six months to pay off a $25 special assessment she was required to impose. (The photo above shows Michael and Anita Puckett, finally smiling, after the decision.)
As admirable as Judge Stromboms words and decision might be, it is, unfortunately, too little, too late. The message has gone out loud and clear from the U.S. government. The Pucketts have certainly gotten the message. They are currently milking 35 goats and making cheese that they age for 60 days, under U.S. Food and Drug Administration requirements. They sell the cheese at farmers markets. No more raw milk sales, and no more herd share arrangements for them, and you can understand why.
But the couple included this warning in their statement to the court:
There appears to be an upward spiral of contaminated food incidents occurring in the full spectrum of available food, with grave illnesses contracted, even deaths. Pathogenic outbreaks occur daily. Singling out a very small producer to be one of the first in criminal prosecution involving food-borne illness, foster discouragement to small farmers everywhere.
Unfortunately, that is exactly the intent.
on September 11, 2008
http://www.cdfa.ca.gov/egov/Press_Releases/Press_Release.asp?PRnum=08-061
This is not the first time Organic Pastures has recalled Raw Cream, or other products for that matter. See my prior post – "Where there is Smoke."
HERE WE GO AGAIN……JUST THOUGHT I’D SHARE THIS WITH ALL OF YOU
I find the CDFA’s findings very interesting considering the timing of SB 201.
We were notiifed today at noon that our raw cream produced August 27th and date coded September 12th had been recalled. No other date codes of cream or other OPDC dairy products are effected. There is no shut down of product flow and all products continue to flow to our consumers in CA.
There have been no illnesses reported from raw cream. This subject raw cream is now weeks old and is no longer being sold or consumed in CA. All stores and consumers are being asked to search for possible September 12th dated raw cream stragglers that can be returned as part of our recall efforts. If found please call 1-877 RAW MILK for directions and credit.
Even though the source raw milk that made the subject raw cream was tested to be pathogen free and contained no Campylobacter, CDFA lab detected Campylobacter in OPDC raw cream after 14 days of specialized lab culturing that includes blood agar and use of speciallized antibiotics. The raw milk that made the subject raw cream tested as less than 2500 SPC, 6 coliforms and pathogen free….pretty clean stuff ( CDFA data )
CDFA Campylobacter lab test conditions are highly unnatural. These are conditions that never occur in nature. These are conditions that can not happen in our bodies. These are witch hurt technologies that serve no one and depress everyones immune system by further scaring consumers and sustaining rampant bacteria phobia.
The timing of this quarantine is worth mentioning, it is September 11th and it is a few days until Arnold signs SB 201 into law. Its is also just two days after Martin Sheen guzzled OPDC raw milk on national TV and told the media how much he loved all natural foods. Martin has been drinking raw milk since 1969 and belives strongly in its value and nutrition.
It is also very interesting to note that on August 28th ( the day after subject samples were taken ) CDFA inspectors reappeared and told our creamery supervisor that they mixed up OPDC samples taken on the 27th and sent them to the wrong labs for testing and that the paperwork had to be swtiched and that more samples were needed.
OPDC has requested a CDFA investigation to figuer out what exactly happened to the original samples from which these positive test results came. Sounds like something irregular happened and everyone deserves to know what happened and how this may have effected our raw cream.
I will say that CDFA has been very professional and quite a pleasure to work with through this issue. I am looking forward to working with CDFA as SB 201 passes and our HACCP program is adopted.
Most sincerely,
Mark McAfee
Founder OPDC
I have substituted a link to the CDFA press release in your comment.
Full press releases or articles that are contained on other sites are not to be posted anonymously as comments on this site.
David Gumpert
I guess all the rhetoric was a bunch of hot air like most items discussed on this blog.
It was 6 coliforms, less than 2500 SPC and it was also….pathogen free ( CDFA data and testing results ).
It will be some time ( if ever ) before we know how CDFA detected a pathogen in our raw cream.
Understand that it took 14 days and highly specialized lab technolgy to detect a pathogen that would have otherwise rapidly died off.
So God only knows. We do know that no one is ill from raw cream and that is what matters.
It is also essential to count the tens of thousands of people that no longer take asthma medications or suffer from Lactose Intolerance or immune depression because they drink raw milk every week.
Those consumers must be counted, but…they are not. This is a battle with only the negative side of things counted or publicized.
What a tragedy for the truth.
Mark McAfee
" To die with one’s sword unsheathed is most regrettable"
-Blair
And you are the biggest hot air windbag of them all.
The E-Coli in NE OKLA has yet to know where the cause came from, yet the bottom feeders are in a feeding frenzy. Fingers are pointed, yet no proof. Just like in 2006 involving OP. Many people eat at the small town cafe and only a few get sick.
Steve, I think the intent is to "discourage" any small farmers and allow the huge corps to run our food. If you control food and water, it is ultimate power.