I appreciate the concerns a number of people (okay, a lot of people) have about the report issued by the Colorado Department of Public Health and Environment in connection with the campylobacter outbreak last spring.

Science and statistics are not my areas of expertise, but I don’t think this whole controversy is about science and statistics. It’s about politics, image, and public relations.

The matter of illnesses from raw milk is a highly sensitive one. Front and center in such cases are consumers who become ill, along with the dairy owners accused of producing contaminated milk. The consumers are sick to varying degrees, and the dairy owners experience a huge sense of responsibility and even guilt over a possible screwup in their operations.

Compounding these obvious problems is the political dust storm that always seems to accompany such cases–public health investigators prejudiced against raw milk and anyone who would be so bold as to consume it regularly, and consumers who see conspiracies in the public health approach and are thus inclined toward denial when raw milk is identified as a cause of illness. It’s a highly toxic combination.

Maybe because I’m more attuned to politics than science, what stands out to me in the Kinikin Dairy situation is the opportunity inherent in the special Colorado situation. Here you have a private organization–the Raw Milk Association of Colorado–overseeing production of raw milk in the state. Colorado is unique both in having had herd share agreements sanctioned by the legislature, and having what is essentially a self-policing association for its 54-dairy membership.

I’m afraid that I have to disagree with Blair McMorran’s conclusion: “RMAC does not dictate how farmers produce raw milk. They can milk out in a field with their feet, standing on their head – as long as their milk tests clean on a consistent basis. We acknowledge there is a risk, but with small pasture-based farms (Scott feeds no grain), we feel that risk is acceptable”.

The tests for pathogens are not super-reliable. We’ve seen evidence of that all over the place, most notably in New York, where the state repeatedly finds listeria in the milk of licensed dairies, and private labs engaged by farmers to test split samples come up with nothing. In those cases, the state is finding pathogens, and people aren’t getting sick. The opposite happens as well—no pathogens are found and people do get sick.

I think the testing argument—at least insofar as it is used when raw milk drinkers are getting sick—can only be one part of the total picture. But when you have significant numbers of raw milk drinkers getting sick—and I don’t care if the number is 10, 53, or 81—local dairies need to take notice. Which brings me to my larger point here.

Defensiveness is not going to cut it as a model for reaction. It’s one thing for producers of raw dairy products to say they want to take responsibility for overseeing their own operations, and quite another to truly do it. It may be a little late, but I think it would help the RMAC’s credibility tremendously if it carefully assessed the public health report on the alleged Kiniker outbreak, and not only pointed out shortcomings, but came up with recommendations for reducing the chances of another outbreak.

What’s happened in this case is akin to a brawl at a private country club bar, where the police are called in because of injuries from the fight. If the country club wants to steer clear of, say, intrusion by the liquor licensing authorities, it will seriously investigate what went wrong—maybe bring in outside security experts–and take steps to ensure that problems don’t occur again.

Such an investigation might find that the club served alcohol to minors, or served drinks to individuals who were already drunk. As part of the followup, perhaps bartenders are given special training to spot drunks, or the club begins demanding identification before serving drinks. Because if the cops keep getting called in to break up brawls at the private club, you know the public authorities are going to take action that the club might not care for.

After the investigation, the club might issue a press release providing details of its findings, and explain the steps it has taken to reduce the chances of another brawl.

Look what happened to Toyota when the company dragged its heels on investigating the acceleration problems in its cars. The matter has turned into a public relations nightmare that will take years for Toyota overcome, despite its history of producing high-quality safe cars.

My point is that, in a situation where the safety or viability of a private organization is called into question, it must demonstrate sensitivity to community concerns. How about if the RMAC engaged an outside consultant, perhaps an epidemiologist, to review the state’s report, and Scott Freeman’s operation. As he says following my previous post, he works hard to run a clean and safe dairy. Let the objective outsider do an assessment.

The main challenge with this approach is that RMAC would have to decide in advance to accept the outsider’s report—the good, the bad and the ugly. Then, it could issue a press release summarizing the report, and saying what the organization was doing to improve standards among its dairies.

What RMAC is trying to do in the context of the current national controversy over raw milk is extremely important: It is seeking to serve as a model for private associations of raw dairies around the country. To the extent it projects an image of cooperation and responsibility, it will promote the model elsewhere. To the extent it is defensive and accusatory, it will invite problems. In the end, the public health authorities will be given the benefit of the doubt, just like in the private club hypothetical example I cited, the local police would get the benefit of the doubt.   

Last Saturday, I saw Scott Freeman elected to the board of the Raw Milk Association of Colorado. One of the things he said in accepting the position was this: “It’s hard for me to admit this, but the way (for RMAC) to move forward is through cooperation. We have got to stick together.” I agree. Come together on an approach to reassure both consumers and public health officials that RMAC has learned important lessons from the outbreak, and is working aggressively to reduce the chances of another outbreak among its members. And begin to set the standard for private regulation of raw dairy production across the country. This will be a key avenue for gaining freedom from overbearing regulators.
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Max Kane addresses supporters prior to his Dec. 21 court hearing.It’s said that the wheels of justice turn slowly. That may be so in most of the country, but not for Wisconsin’s Department of Agriculture, Trade, and Consumer Protection. The ink was barely dry on a state judge’s ruling Dec. 21 that Max Kane has to turn over customer lists and other information, when DATCP sent a sheriff to serve a subpoena ordering Max to provide the information at a DATCP hearing on March 18. This despite the fact that Max has already appealed the Dec. 21 decision. Now he needs to seek an exemption from the appeals court that will bar DATCP from moving ahead with its subpoena. If he doesn’t get the exemption, and then repeats his refusal to testify before DATCP’s inquisitors, he could potentially be jailed for being in contempt of court.

Why is DATCP in such a hurry to tangle with Max Kane, despite his highly public refusal to answer the agency’s questions, on the grounds of the protection against self incrimination afforded by the U.S. Constitution’s Fifth Amendment?

Maybe they’re pissed because of the little video he made about his previous encounter with DATCP.

Maybe DATCP wants to make Max Kane an example for the many dairy farmers who continue to sell or distribute raw milk in defiance of the agency.

Maybe DATCP is worried about budget cuts that are already impinging on its operations, and has put the Max Kane case on a fast track, since he’s such a threat to public health and safety.

I don’t know exactly what Max Kane has planned for them, but my guess is that in the end, the resulting publicity is just going to wind up pissing off ever more consumers who see their food rights being abridged by the autocrats at DATCP.