At the end of the now-infamous meeting he had a week ago Monday with raw milk proponents, Scott Soares, the commissioner of the Massachusetts Department of Agricultural Resources, suggested that proponents come up with specific ideas for making adjustments to the proposed ban on buying clubs in the state.

I’ve communicated via phone and email with a few dozen different Massachusetts food organizations–those involved in organic food issues and so-called slow food–and everyone seems able to come up with only one suggestion for Soares and his minions at the MDAR: Leave things the way they were, and by the way, go back to your pencil pushing and stop wasting everyone’s time and energy trying to deprive us of our food.

It’s encouraging to see many food groups coming together on this–organic and so-called slow food organizations–because for a good while a number of these didn’t take seriously raw milk and its symbolic importance in the emerging food rights movement. Now, thanks to the sensitive folks at the MDAR, the Massachusetts Department of Public Health, and the U.S. Food and Drug Administration, among others, they do.

The argument for trying to negotiate with MDAR about this issue seems at first glance sensible, as it’s articulated by Neewa Andrapal in comments following my previous post. “For all other bulk transport of milk, there are protocols and inspections (and checking temperature is standard) for milk transport…One does not need evidence of mistransport to suggest a need that there needs to be some guidance or ovesite of an activity…I would suggest replacing the hyperbole and conspiracy theories with some suggestions on how to feasibly ensure that buying clubs are transporting appropriately.”

There’s just one major flaw in Andrapal’s argument (and no conspiracy theories): Raw milk in Massachusetts, and many other states, isn’t treated the same as pasteurized milk in the regulatory scheme of things. Raw milk can’t be lawfully distributed the way pasteurized milk and most other foods are because it is limited to sales from the farm. So there is no formal distribution process to regulate. The buying clubs aren’t distributors, but rather private organizations that contract with individual buyers to pick up their milk at the farm. Individual consumers already own the milk being transported. No one needs to regulate the person or organization I designate to pick up my milk for me. It’s a private arrangement between the club and me.

Sophia Lovett says it best following my previous post:  “Where does it end? Should I install an Ethernet connection on my refrigerator so DAR can monitor the temperature?”

If raw milk in Massachusetts could be sold at retail, then I’d say, fine, regulate it the way you do other perishable products. Make distributors get a license and conform to regs about truck size, refrigerator temperatures, containers, etc.

And by the way, don’t give me the bull about “protecting the public.” The raw milk clubs don’t serve the public. They serve private individuals who contract with them.

In fact, to negotiate over rules associated with buying groups would be to say, in effect, I give up my contract rights. As Sophia asks, Where does the regulation end?

Soares and the other busy-bodies at MDAR (and their buddies over at the MA DPH) should know that lots of people are extremely upset about this effort to club consumers into submission. I don’t use those words lightly–this is government intrusion into our lives at its worst.

What is especially scary, though, is that regulators around the country are watching the Massachusetts situation very closely. If this first effort to prohibit buying clubs is successful, then several dozen other states will know they have carte blanche to do the same.

And once they finish with buying clubs, and in effect ban raw milk, they will brush off their hands and move on to the next item on their list for gaining more control. Irradiation of meats and leafy greens (already approved by the FDA), cloned meat, genetically modified grains. The list is endless, and these people’s power appetite knows no bounds. No, this isn’t hyperbole, it is reality.

Indeed, it is all symbolic of what lots of Americans are very upset about, part of what has led to the fast-growing influence of the Tea Party movement, not to mention polls suggesting that incumbents this November are facing big trouble. Soares and his cronies know this is about much more than changing a minor dairy regulation. The FDA and Midwest regulators made it all clear in their 2009 discussions about cracking down on buyers clubs, the emails of which Max Kane obtained. (See pages 7-9 of the emails for regulator approach to buying clubs.)

I believe these aparatchniks are playing with fire. The politicians who fund Soares’ department can’t possibly be feeling good that this could all blow up in his face, at a cost of lots of votes. Rapidly growing numbers of people are saying: ENOUGH! Don’t tell us what we can and can’t eat. Don’t put farmers out of business, and damage our economy even further than you already have. Help agriculture, don’t kill it.
One more time: This has absolutely nothing to do with safety. It is about rights, pure and simple. The lines in the sand have been drawn, and the battle, perhaps for symbolic purposes, is being fought in Massachusetts. The answer to the control freaks at MDAR, MDPH, and FDA must be clear: NO, NO, NO.
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The Masschusetts MDAR hearing will be held at 10 am at 100 Cambridge St, Conference Room A, 2nd Floor in Boston In the meantime, here are the rules for testimony at the 10 a.m. hearing:  Those who wish to testify will be called from a sign-in list provided at the hearing for those who wish to provide oral testimony. Each speaker will be given 3-5 minutes each to speak to ensure all who desire have an opportunity to testify. Anyone is permitted submit written testimony at the hearing as well. Those who can’t make the hearing can submit written testimony to MDAR at 251 Causeway Street, Boston by May 10, or email the MDAR, michael.demakakos@state.ma.us. Written comments will be accepted until May 10 at 4 p.m.. We won’t know who is providing oral testimony until the day of the hearing.
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