Yesterday I was in New Hampshire, running a few errands, one of which was to pick up a new supply of fresh milk. The farm I buy it from is on a little-traveled side road, so I was more than a bit surprised to pull up and see, across the road, a brand new enclosed farm-stand. Inside was a refrigerated cooler about half filled with plastic jugs ofraw milk ($2 a quart, $4 a half gallon). A farm worker who saw me examining the jugs and not buying, quickly told me, Everything here is legal.
Kathy, the farmer I buy from, obviously has some competition. But the larger message was that the farmer across the street had decided, after watching Kathy grow her business over the last few years, that he wanted in on the action. (Since these farms are within easy driving distance of Hanover, NH, home of Dartmouth, the situation isnt totally incongruous.)
That scene on a quiet New Hampshire road also suggests an explanation behind another story: The government rumblings against herdshare/cowshare arrangements are becoming progressively louder. There can be only one reason: herdshares are becoming an ever more popular way to distribute raw milk to eager consumers.
Take Ohio, which had seemingly resolved the issue of herdshares back in December 2006, when a judge ruled in favor of a farmer who had had her dairy license suspended by the Ohio Department of Agriculture. The states incoming new governor the next month directed his regulators to refrain from appealing the decision.
Now, the ODAs director, Robert Boggs, is apparently getting antsy about all the herdshares/cowshares springing up in his state, where sales of raw milk are illegal. Last week Boggs stated in a letter to Don Neeper, a raw milk advocate who had inquired into rumblings that the state planned to restrict cowshares: Foodborne outbreaks resulting from the consumption of raw milk and dairy products made from raw milk continue to be reported by local health agencies and state regulators. Since becoming Director of the Ohio Department of Agriculture, I have learned of numerous such recorded outbreaks in Ohio and other states, some of which originated from dairy farms with herdshare partners or from farms that were licensed to sell raw milk on site. Serious illnesses, some resulting in hospitalization, have occurred.
“Because the Ohio Revised Code does not address herdshare distribution of raw milk to the ultimate consumers, many people have interpreted this to mean that such activity is legal in Ohio. We feel this issue should be clarified, and that diligently crafted legislation is a step to help protect both consumers and dairy farmers
Boggs in his letter refers to the 2006 court case, noting, The Court’s ruling was not based on whether the contract used was legal or illegal, nor did it address the sanitary conditions that must be present to insure the safety of the milk.
Gary Cox of the Farm-to-Consumer Legal Defense Fund and the lawyer who represented the raw milk producer who won the decision, says, Boggs’ statement about the import of Judge Hein’s decision is wrong. The court was clear, there is nothing in Ohio law that prohibited herdshares.
Herdshares, of course, are under serious attack in New York and Pennsylvania.
Orchestrating the rumblings and attacks is likely the FDA, which calls the shots with most state ag agencies on issues like raw milk. In his testimony to the Maryland legislature in early 2007, the FDAs chief dairy guy, John Sheehan, had a strong message about cow shares and herdshares: In order to protect the public health, raw milk should not be permitted to be sold for human consumption, nor should people be allowed to attempt to skirt laws banning direct raw milk sales by operating so-called ‘cow share’ schemes. The CDC agrees with FDA in this regard (and) stated that State milk regulations and methods for their enforcement should be reviewed and strengthened to minimize the hazards of raw milk.
Its been interesting that on this blog over the last week or so, there has been a fairly rational debate about the dangers of illness from raw milk. Mark McAfee of Organic Pastures Dairy Co. takes verbal barrages from readers, and resists the temptation of most business owners under verbal and legal attack to crawl into a hole. Gwen/Elderberryjam provides an insightful and informed theory about why just a few individuals seem especially susceptible to HUS.
But such debate is totally discouraged by the authorities. They focus on fear and control. And they receive all kinds of encouragement from politicians in their determination to run roughshod over private contractual arrangements between citizens.
In the meantime, consumers vote with their feet and continue to expand the market for raw milk.
"Director Boggs shared with the group that the Department is still having trouble with the raw milk issue in terms of definition of ‘herd share,’ and legislation is being prepared for possible introduction. The Governor wants the public to have access to raw milk through a herd share, but that doesnt mean they are exempt from inspections and sanitary conditions. The legislation makes very clear that the herd shares will be permitted, but they will be subject to inspection for sanitary conditions. Mr. Fleming asked the Director about small unlicensed operations that milk only a few cows and sell the milk to their neighbors. The Director responded that this legislation will address that issue, and while they may not be required to have a license, they will be subject to inspections. Mr. Fleming stated that he felt they should be required to have a license. Mr. Schmid added his observation from news sources that the requests for raw milk seem to be increasing across the country, accompanied by more outbreaks of illness. He went on to say that he felt that if the trend was here to stay, regulations need to be put in place to deal with the problems that arise. Chief Jones shared information about a recent outbreak in Ohio near Dayton where students participating in a weekend retreat consumed raw milk and became ill. Director Boggs stated that the purpose of the legislation is to make the farms subject to inspection and to do the best the Department can to protect the public health."
The farmer involved in the "recent outbreak near Dayton" reported the following in an internal conversation between the Ohio Grazing Producers and myself:
"That event happened at our farm this spring. Twice a year we host an event called Rural Plunge thru the University of Dayton. Ten students visit 3 different rural family farms for a weekend, two confinement farms and one organic farm. We offered all 10 students raw milk (from our family cow) and cookies. A couple of days later the facilitator notified me that one of the students (not more than one, just one) was being treated by Campus Health for diarrhea. The doctor that treated the student with antibiotics asked what she had been eating and she revealed that she drank some raw milk. This information went to the ODA and the ODA sent a milk inspector to the Schmitmeyer farm even though they had nothing to do with the incident. The inspector then came to our farm asking for a sample of milk from our family cow. I stated that I did not have a dairy license (no jurisdiction over me) and would only consider his request IF a full, complete investigation was performed to determine the root cause of the student’s illness by examining the safety of all the foods consumed during the weekend. The inspector stated that would be out of his control. He left and has not been back since. The student recovered quickly after a round of antibiotics."
The farmer was quite angry that Dairy Chief Lewis Jones was obviously blaming his farm for the incident even though a thorough investigation was not made, no samples were taken and the students had visited (and reportedly consumed raw milk) at several other confinement farms. This mis-information was conveyed to the Director, all other members of the Sanitation Board and was recorded in the minutes as a matter of public record.
The one tid-bit of good news is that the Governor is at least on our side, so we can all hope for his re-election in two years. 🙂
thus, when farmers such as trent hendricks in pennsylvania lose their license for a week and their business plummets, government can shield itself in secrecy and can remain unaccountable for their investigation, whether the investigation was sloppy or not.
that is why so many people are opting out of the government sanctioned system and turning to herdshares. it will be interesting to see how the ohio department of agriculture justifies exercising the state’s police power over activity that has nothing to do with the public’s health, safety or welfare.
the power of government does have its limits. its reach does not extend to the fundamental right of its citizens to grow and consume the foods of their own choice.
The act passed with near unanumous vote of both parties in both houses of legislature after six hearings and thousands of people attended to voice their testimonials etc. Agencies that now speak were nowhere to be seen or heard at the official public hearings.
America is far from a democratic place….we the people must stand and be heard.
Please call and give it one more shout. The governor needs to hear from you if SB 201 stands a chance at not being vetoed. 916-445-2841
Mark McAfee
This is true. Perhaps 50% of the debate stems from lack of communication between producers/consumers with government; 40% relates to false advertising/denial of outbreaks that perpetuates the other 50%, and 10% is we’ll never agree. Find a way to go along and get along? SB 201 is not the answer, or anything resembling a national model. One can only hope it fails.
Make this product safer by getting rid of the bad players, and "government" will move on to other things. Lack of a license, feces on the barn walls, outsourcing, more than one recall or outbreak, and other negative situations are the "face" of this industry to public health. Certain farms have had more than one problem. Harassment in the midst of dire budget cuts, or a focus on bad players in raw milk production to warn the public? Perhaps a long discussion of whether there were 3 or 6 E. coli cases in 2006 is in order, again. According to this report, there were
On June 9, 2008, it was reported:
Health officials warned consumers Sunday about an outbreak of salmonella in raw tomatoes, after the illness..144 other infections [were reported] nationwide.
Then, CDC reported:
As of August 25, 2008, a total of 1,442 persons had been reported infected with the outbreak strain.
Gee, how did they go from 144 to 1442 – a decimal problem, or maybe investigations evolve. Big or small.
What ever happened to the RISK MANAGERS employed by Wall Street or did they ever have any?
Where is the CONSTITUTIONAL permission for the government our PUBLIC SERVANTS to loot and plunder the tax payer inorder to SAVE Wall Street and also deny us RAW MILK?
yes, i believe you are right. a herdshare approach is not a "way to get around the law" but is instead as you say a valid and legal business model. in fact, it’s how ALL publicly traded corporations operate, i.e., the purchase of an interest in the company (a share) with a return on investment in the form of a dividend. some dividends are in the form of money, others are in the form of dairy products. i happen to know the farmer who should be credited with this herdshare approach (who unfortunately was run out of the state where he used to live because they didn’t like it) but i don’t know if i want to blow his cover because, as we all know, government regulators read this post regularly. so yes, we need more herdshares.
Hear, hear!! I’d like to see more promotion on this concept. Where do I start? Boarding contracts are largely viewed as a way to get around the law.
I’m grateful that you both visit this blog; need your thoughts and advice about how to plant seeds in the powers that be.
Some of them, statewise, are willing to listen
-Blair
Quoted: " It comes down to one
question: Does my neighbor have the right to demand these things of
me? If not, my neighbor (and myself) cannot give that right to the
government. Such a simple test, but most people totally overlook it."