The mafia knows the technique well. It asks a business owner for “protection” money. He balks. “Why should I pay you for something I don’t need?” The mafia types send a bruiser over after hours to “work the guy over.” After being beaten up, the merchant is suddenly relieved to discover that he still has the opportunity to pay the protection money.

Ironically, Wisconsin’s Division of Agriculture, Trade and Consumer Protection has the word “protection” in its name, and it plays the protection game with the state’s dairy farmers much like the mafia plays with merchants in areas it controls.

I’ve gradually come to understand DATCP’s approach over the last few months, but at the Acres conference just concluded, I learned about it first-hand, from a number of dairy farmers agonizing over how to handle the matter of selling raw milk.

Here’s the game. Wisconsin is a huge dairy state, just behind California. Unlike California, Wisconsin’s milk tends to come from many smaller dairy farms, rather than a few large feed-lot operations.

Because milk prices for conventional milk are below the cost of production, lots of Wisconsin dairy farmers—likely more than 100—are selling raw milk quietly, under the radar. And because the market is growing so rapidly, these farmers have little difficulty selling significant amounts simply via word of mouth. Many of these have Grade A dairy licenses, which entitles them to sell conventional milk as well.

DATCP is aggressively seeking those people out. It’s sent warning letters to dozens (the equivalent of the initial visit from the mafia, seeking protection money), and then one at a time, it’s been suspending their licenses for selling raw milk, or watching as their licenses are voided because a processor won’t take the milk. Working them over, in the mafia terminology.

Without a market for their conventional milk, which even though it’s a money-losing operation is less of a money-losing operation than having no market at all, DATCP  offers to give them their license back, if they promise not to sell raw milk. What a deal. You can go back to losing money slowly rather than quickly (by being out of business).

The mafia metaphor runs even deeper. Just as mafia tactics and enforcement vary according to who’s “boss,” so is it at DATCP. Before this year, DATCP had a more lenient food safety boss, so there were fewer protection deals. Now, it has a tough boss, who wants to show the locals who’s in charge. A recent article in the Wisconsin State Journal describes how the state has varied its approach over the years from permissive to less permissive to the current authoritarian.

And here’s how Scott Trautman, one of DATCP’s enforcement victims, puts it:

“The Food Safety thugs have an incredible amount of power – and unlimited resources to terrorize us — and through Big Dairy — lots of ability to tell lies and half truths.

“To understand what an attack by DATCP Food Safety is like: If I was accused of some public crime, and I was poor (like us family farms are, they absolutely know that), it is just and fair that the state would provide an attorney to defend us if we couldn’t afford it, to arrive at justice. Yet, when DATCP attacks — we are on our own — knowing it takes one smart lawyer to argue with the evil likes of Cheryl Daniels, Food Safety Legal — they know they can wear the most vulnerable of Wisconsin, our dairy farms, down.”

Can new legislation that would permit raw milk sales reign in the DATCP thugs? It will be tough, first, to get the legislation passed and, then, even if it’s law, to get DATCP to respect the law. Remember, to mafia types, laws are mere inconveniences, temporary obstacles to carry out your real agenda.

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There’s another of those curious illness outbreak situations in Washington State: a state-issued press release reporting three mild illnesses attributed to raw milk at a family dairy. And the family dairy wondering why it’s being clobbered in public. The Dungeness Valley Creamery says on its web site that the state’s release “does mention that there are 100,000 illnesses of the E.coli O157:H7 strain every year in the U.S. It seems we only hear about the illnesses linked to raw milk.” Yes, that press release got picked up by many of the sites run by personal injury lawyers. 

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I was interviewed Sunday for a New York show, “Cutting the Curd”, about The Raw Milk Revolution, and a recording is available. And I wrote a guest commentary on Bob Hayles’ blog about the grwoing evidence of consumer resistance to crackdowns on raw milk.