The U.S. Food and Drug Administration has suggested on several occasions over the last few years that there are safety issues associated with raw milk cheeses. It has further suggested it wants to lengthen, or do away entirely with the current 60-day aging requirement and just ban raw milk cheese altogether. That would put a big crimp in raw milk distribution and consumption, and presumably hurt producers of raw milk, which often sell significant amounts to artisanal cheese producers. All this, of course, would be in line with the FDA’s express goal of reducing or eliminating raw milk consumption.

The driving force behind the FDA’s offensive, which has taken the form of inspections of well over 100 cheese producers this year, including the shutdown of two that made no one sick, would be expected to be safety. The agency makes a big deal about raw milk consumption being the equivalent of “playing Russian roulette with your health.”

But the FDA has said little about the overall safety of raw milk cheese, and now we are perhaps learning why, and from an unlikely source. The Marler Blog, run by food poisoning lawyer Bill Marler, and frequently an apologist for government crackdowns on raw dairy, has come out with an exhaustive review of the scientific literature around raw milk, and lo and behold, it does more than one might expect to sing the praises of artisanal raw cheese and the small producers behind them.

While scientific in tone and approach, it is very thorough–each of the five parts has 30-40 footnotes–and is enlightening on such matters as the history of the 60-day aging rule for raw cheese, definitions of various types of cheese, the issue of whether pathogens survive in 60-day-aged cheese, and the rules regarding raw cheese in other parts of the world. A few nuggets, and for those who follow this subject, I’d highly recommend reviewing the entire series, which is in a single PDF file.

Soft cheese danger.
The main cheese danger comes from soft cheeses, and it appears limited primarily to queso fresco made from conventional unpasteurized milk. “The problem with fresh, soft cheeses is ongoing,” the study says, but even so, deaths are uncommon. “Over the last decade, there have been only two deaths from cheese made with raw milk; both occurred in 2003, and were due to consumption of contaminated fresh (un-aged) queso fresco Mexican-style cheese.” These are the deaths the Centers for Disease Control in its media statements often attributes to raw milk.

Fallout from 60-day aging rule. The 60-day aging requirement was instituted in 1950, based on evidence that few pathogens survive more than that amount of time in cheese. But after listing various sources citing evidence that pathogens can survive more than 60 days, it concludes that “outbreaks and illnesses linked to 60-day aged cheese are relatively rare despite microbiological evidence of pathogen survival in these cheeses.”

European experience. People frequently point out that Europe has a long history with raw milk cheeses, and this series points out there are no aging requirements for cheese in the European Union. It suggests there’s not much of a problem, noting, “The European Union has no aging rule, but their requirements for hygiene during milking, storing, and collection of milk for cheesemaking are likely much stricter than in the US.  Additionally, requirements for both animal health and worker/personnel health help ensure safe raw milk cheese production.”

Why so few outbreaks. It cites evidence “that the relative paucity of outbreaks and illnesses associated with 60-day aged cheese may be due to 1) a low contamination level in milk used for cheesemaking or 2) alterations in virulence of pathogens within the cheese matrix…”

Cheese makers get along with regulators. “Unlike fluid raw milk producers who have been the subject of intense conflict with regulators for many years, artisanal and specialty cheesemakers that use raw milk have maintained a relatively good relationship with state and FDA regulators in the US.”

Given all the positives here, kind of makes you wonder what excuse the FDA might offer to lengthen or get rid of the 60-day rule. They’re pretty creative when it comes to saying no, I’m sure they’ll think of something.

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The timing couldn’t be more curious. On the eve of passage of the Food Safety Modernization Act, we learn from the U.S. Centers for Disease Control that cases of food-borne illness from the most common pathogens have declined 20% over the last ten years.

The legislation will almost certainly be passed and signed by the President because it’s been attached to an ongoing appropriations bill necessary to keep the government running.

Oh well, the people at the CDC and its sister enforcers at the FDA are likely saying, guess we blew that one. We’ll get ’em next time. But what the hell, we needed all the new power we’re getting over food producers anyway, crisis or no crisis.

Here’s what the CDC says in a new press release announcing an update to its original 1999 study–the one that’s been relied on for the last eleven years to scare Americans that there are 76 million cases of foodborne illness each year. “CDC’s FoodNet surveillance system data, which tracks trends among common foodborne pathogens, has documented a decrease of 20 percent in illnesses from key pathogens during the past ten years.” These include the four that most commonly cause problems–salmonella, campylobacter, listeria, and E.coli 0157:H7, the ones that create the cases the product liability lawyers sue over. 

As for that estimate of 76 million cases of foodborne illnesses each year–one of the most frequently quoted stats out of the U.S. government–well, that’s been “amended” as well. Now they say there are 48 million, or 37% fewer.

This isn’t a decline, though, in CDC talk. “The difference is largely the result of improvements in the quality and quantity of the data used and new methods used to estimate foodborne-disease. For example, it is now known that most norovirus is not spread by the foodborne route, which has reduced the estimate of foodborne norovirus from 9.2 to approximately 5.5 million cases per year. Because of data and method improvements, the 1999 and current estimates cannot be compared to measure trends.” Well, maybe if the data showed an increase, but certainly not when they show a sharp decrease.

Just one other curiousity. Some 38 million of the estimated 48 million illnesses each year “result from unspecified agents, which include known agents without enough data to make specific estimates, agents not yet recognized as causing foodborne illness, and agents not yet discovered.” Ya gotta love the way these people think, and how they foment fear.

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Finally, on the subject of government food safety data, Mark McAfee scored a coup of sorts when he coaxed an admission from the CDC that its statements about the safety of pasteurized milk–portrayed as safe under any conditions–aren’t accurate. As the public health authorities know only too well, pasteurized milk can and does sicken people. Take a look at McAfee’s comment on the CDC exchange, with a text of his letter and CDC response, following my previous post.