Boston Common, which will be the site of a rally at 8:45 a.m. Monday, in advance of a hearing at 10 on banning raw milk buying clubs. It’s taken a while, but his Big Dairy handlers seem finally to have gotten Scott Soares, the Massachusetts commissioner of the Department of Agricultural Resources, on message.

In an interview broadcast today on the Cape Cod National Public Radio station, concerning his effort to make raw milk buying clubs illegal, he clearly articulated the argument the dairy industry most frequently makes to oppose raw milk.

When the NPR reporter noted that there hasn’t been an illness from raw milk in Massachusetts for well over a decade, here’s what Soares said: “Our primary concern with this is to protect the milk market itself. There have also been some claims relative to our taking an action relative to public health issues, and although we are certainly concerned, as anyone would be about people becoming ill, our primary charge is protection of the milk market here in Massachusetts and with the status of the dairy industry here in Massachusetts. We cannot afford to have people stop drinking milk for fear of the perception of it being an unhealthy or unsafe product.”

What he’s saying, in dairy industry business-speak, is “My job is to protect the dairy industry brand.” Soares’ problem is that there is no threat to the conventional dairy industry brand. There isn’t a shred of evidence to suggest anyone has ever discontinued pasteurized milk consumption because of worry about illnesses from raw milk. The threat is to the survival of the state’s raw milk farmers and buying clubs, and the jobs and food production they represent.

You can kind of appreciate it when dairy industry pitchmen make the “brand” argument, but not when a public official makes it. Soares’ job isn’t to protect the dairy processors and distributors (even aside from the fact they don’t need protecting). According to the MDAR’s own mission statement, “The Massachusetts Department of Agricultural Resources’ (MDAR) mission is to ensure the long-term viability of local agriculture in Massachusetts.”

Two years ago, Soares told me for a Boston Globe Magazine article that he saw raw milk as “an important opportunity” for raw dairies to increase revenues and profits, and he thought the number of raw dairies could increase to 35 from 24.

Then, in late January, after issuing the first three cease-and-desist orders to Massachusetts buying clubs, he was talking about safety worries, about “a loss of control when (raw milk) leaves the farm. There is no guarantee the milk will be held at the proper temperature.”

And now, finally, he’s got his lines straight–he wants to protect the dairy industry. I don’t know if he’s looking ahead to a plumb job in the dairy industry, or if he’s angling for a U.S. Food and Drug Administration research grant for a Massachusetts university, or what.

What makes all this disturbing is that Soares is “the decider” about the proposed regulation to ban the buying clubs. After the hearing is completed Monday, he decides whether to implement the new reg. Think he’s tipped his hand? The good news is that his decision can be challenged in state or federal court if it appears to be arbitrary.  So far, pretty much everything associated with this business has been arbitrary, to put it politely. And I suspect lots of people on Monday are going to give him a lot of reasons as to why such a decision would be arbitrary. Moreover, there are people there prepared to challenge him in court.

Hopefully Soares’ boss, Gov Duval Patrick, will be looking out his window Monday morning around 8:45. That’s when a raw milk “drink-in” is scheduled adjoining Park St. subway station, featuring raw milk celebrities Max Kane from Wisconsin and Mark McAfeee from California, along with a number of local food experts. There may even be a cow grazing on Boston Common, which was the green area’s original purpose in the 1700s, and is still officially sanctioned for grazing.

These festivities will be in advance of the hearing at 10 a few blocks away, at 100 Cambridge St. Gov. Patrick is a close confidant of President Obama. Maybe the guv will read the Boston Globe article just out about the entire mess his commissioner has created. And maybe he’ll decide he needs to do something about the situation.

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The wheels of justice turn slowly, but sometimes they produce a measure of justice. Meadowsweet Dairy, the New York raw dairy that’s been battling the N.Y. Department of Agriculture and Markets to provide raw dairy products to 120 consumer members of a limited liability corporation, finally won a couple of battles.

A state judge at long last agreed with the Farm-to-Consumer Legal Defense Fund and invalidated a search warrant obtained by Ag and Markets in December 2007. The warrant had been issued on a “continuing” basis, and the judge seems to have realized that’s not the intent of the U.S. Constitution’s Fourth Amendment. The judge also dismissed contempt of court charges Ag and Markets had brought against the dairy owners, Barb and Steve Smith–charges that could have landed them in jail–for failing to go along with the search warrant. The judge agreed with the argument presented by FTCLDF lawyer Gary Cox that the Smiths had no obligation to do anything other than let the officials conduct their search, which the Smiths were always prepared to do.

The victories have no bearing on Meadowsweet’s pending appeal of their losses in court to operate the LLC free of Ag and Markets regulation. But at least they won’t have to put up with an endless search warrant, or the threat of being jailed in connection with the warrant. For background on this complex case, search “Meadowsweet”.