Mark McAfee and Michael Schmidt present “permit” to Scott Trautman.Michael Schmidt, the Canadian dairy farmer who’s been fighting the Ontario government’s campaign to put his raw dairy out of business for the last 17 years, came up with a seemingly humorous stunt at the Raw Milk Symposium Saturday in Madison. He decided to award Scott Trautman, the Wisconsin dairy farmer who lost his Grade A dairy license last fall in a battle over raw milk, “a grade A+ permit to provide raw milk.”

The permit was signed by 30 symposium attendees—“a private certifying body” that had toured the Trautman farm the evening before. “Trautman Family Farm meets standards more stringent than those standards established by the state of Wisconsin,” the permit stated. “The undersigned, as free persons, being of sound mind and body and competent to make and enter into legally binding contracts, do hereby waive the public protection of the health laws of the state of Wisconsin and voluntarily enter into this agreement,” the document concluded. (A video of the symposium’s panel discussion I led, produced by Max Kane, includes part of the “permit” ceremony.)

Attendees chuckled and applauded as Schmidt and Mark McAfee of Organic Pastures Dairy Co. presented Trautman with his permit, but Schmidt made clear in a talk that followed, that the permit, and the harassment of raw dairies by regulatory authorities in the U.S. and Canada is a deadly serious matter, and requires active consumer involvement. “We live in a dictatorship,” he stated. “To be silent makes a mockery of those (farmers) who have fought…Let’s be inspired by them. Let’s be prepared to suffer…Let’s be prepared to die.”

Schmidt’s talk, among more than a dozen at the Second Annual Raw Milk Symposium, was the only one that rated a standing ovation. But the message—that dairy farmers need to draw on consumer support, was one that was repeated throughout the day, both at the symposium and in the hallways outside the hotel meeting rooms. For example:

–Pete Kennedy, president of the Farm-to-Consumer Legal Defense Fund, reported that the pending Wisconsin legislation that would allow Grade A dairies to sell raw milk from their farms, could be voted into law as early as next week. But it’s anyone’s guess how the Wisconsin Department of Agriculture, Trade and Consumer Protection might enforce it. According to Elizabeth Rich, a member of the FTCLDF board, and the sometime lawyer for buying club owner Max Kane, DATCP’s year-long assault on raw dairies is unprecedented. Having studied the agency’s actions in the dairy arena, she said, “I see no evidence that any kind of enforcement as what’s happening now has ever happened in the state…They have infiltrated buying clubs, carried out surveillance of farms, that includes writing down license plate numbers of cars going into and out of farms.” The agency, she said, is guilty of “regulatory overkill.”

–Speaking of regulatory overkill, Max Kane is due to appear once again before DATCP attorneys to be questioned about his customers and dairy suppliers. He says he expects once again to refuse to testify, and wonders if this is the time he really is threatened with jail.

–Steve Smith, of Meadowsweet Dairy, says he and his wife, Barb, are contemplating an appeal of the recent appeals court decision that rejected the right of their limited liability company to serve its 100-plus members without state interference. The appeal would be based on “rights,” rather than the fact of the case.

–New York State’s crackdown on raw milk continues with Chuck Phippen—you may remember, the raw dairy farmer who’s been shut down at least eight times over the last three years in connection with listeria in his milk. He’s refused to pay the agency’s fines, and now the New York Department of Agriculture and Markets is taking him to court, says Pete Kennedy. That may be an opportunity for him to plead his case, since his arguments disputing anyh danger in the state’s findings have been ignored. Seems he has one obvious argument: there have been no reports of illness from listeria in raw milk in New York, not only from his dairy, but about a half dozen others shut down for the same reason.

–Winton Pitcoff, the raw milk coordinator for the Massachusetts chapter of the Northeast Organic Farming Association, reported that a fourth Massachusetts raw milk buying club has received a “cease and desist” order from the Massachusetts Department of Agricultural Resources. Three buying groups have been arguing for weeks with DAR officials about the legality of the orders—not surprisingly, DAR officials refuse to concede the orders might be without any legal basis–but now the groups are moving to encourage their members to write legislators and the state attorney general and governor. “If DAR has the ability to interpret the laws they way they want to, so should the farmers,” says Pitcoff.  

The one good piece of news from Massachusetts is that Doug Stephan, who had fought local public health authorities for nearly a year to sell raw milk out of his Framingham, MA, dairy, is finally open for business. It’s only the second in the Boston metropolitan area. “We sold 400 gallons in the first ten days,” he says.

–David Hochstetler, the Indiana dairy farmer whose milk may have sickened cowshare members in Michigan and Indiana last month, was at the symposium, and reports that he’s back to distributing milk to cowshare owners he supplies. He had initially refused to allow agents from the U.S. Food and Drug Administration to conduct a search of his dairy, and subsequently did allow them to inspect his facilities, but not his business records. He says he has had no word of lab findings tying his milk to campylobacter illnesses, aside from his own tests, which have shown no campylobacter.

–Jacquie Stowers of Manna Storehouse, the Ohio food cooperative that was raided by heavily armed police in late 2008, was at the symposium.  She told me that one son, who was in Iraq at the time of the raid, is back home, while another son is now in Kuwait. A civil suit is bogged down in seemingly endless delays, and an appeal has been filed in another suit where a state judge ruled the cooperative has to be licensed as a retail establishment.

While Michael Schmidt won a major victory in Canada in February, even his case isn’t final, since the Ontario government has filed an appeal.

On Saturday evening, following his keynote speech, Mark McAfee handed out “Freedom Fighter” awards to several individuals active in opposing the government’s campaign. They went to Max Kane, Michael Schmidt, Gary Cox of the FTCLDF, Scott Trautman, and yours truly. McAfee says he is focusing his efforts on educating and mobilizing consumers on behalf of raw milk. He’s definitely on to something. The national campaign against raw milk, managed and directed by the U.S. Food and Drug Administration, shows little sign of ending any time soon.  Court action is slow and uncertain. Farmers can be picked off by regulators one by one. Outspoken consumers bugging their legislators offer the best hope of coming to the aid of farmers–just be ready to come under surveillance by the agriculture authorities.

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For some reason, foodies of the Slow Food variety tend not to take the matter of food rights very seriously. I guess as long as they can join CSAs and find nice restaurants serving a little locally-produced foods, what’s the problem? So when foodies meet food rights people, there can be culture clashes. That’s the feeling I get from reading what I can only term a smarmy account of the Raw Milk Symposium on The Daily Page. Bill Anderson, a Wisconsin consumer and cheese maker, writes an intelligent rebuttal.