Angling for a Fight: MA Ag Bullies Try to Run a Tiny Raw Dairy Out of Business...But Brigitte Ruthman Has Other Ideas

Brigitte Ruthman at her Joshua's Farm.Lots of raw milk drinkers I meet when I'm out speaking before various food and green organizations about the ever-increasing intensity of the crackdown on raw milk and nutrient-dense foods tell me, "Well, if it gets real bad, I can always go out and buy my own cow or goat." It that's your fall-back strategy, the story I'm about to tell about the Massachusetts Department of Agriculture's renewed crackdown on raw milk may make you squirm just a little.

Last we heard from the Massachusetts Department of Agricultural Resources, its paper pushers were taking the summer off from going after raw milk producers. At least that's what MDAR's commissioner, Scott Soares, supposedly told his pals at the Massachusetts chapter of the Northeast Organic Farming Association in June. The general reading in Massachusetts was that the heat had gotten a little too intense from the May 10 Boston Common demonstration and followup ag hearing opposing the effort to squash buying clubs. Soares' strong suggestion in his statement to NOFA-MA was that the bureaucrats wanted to wait till after the elections in November, when politicians would be less inclined to respond to constituent complaints.

I assumed the hacks were just enjoying the beautiful summer we're having in the Northeast, taking afternoons off to go to the beach, maybe kicking their dogs when the bullying urge overcame them. So much for that theory. Seems you can't keep good bullies down, and the ones over at MDAR have been busy as bees hatching a major new crime-stopping initiative: put a one-milking-cow Massachusetts dairy owned by Brigitte Ruthman out of business. Ruthman's dairy in the Berkshires, Joshua's Farm, yesterday received a cease-and-desist letter (see below) from MDAR ordering it to discontinue supplying raw milk to three herdshare members. 

Now, mind you, there's nothing in the Massachusetts laws that mentions herdshares. Just as there's nothing that mentions buying clubs, which have been the MDAR's other obsession since the first of the year.

Nor has there been anything secretive about Ruthman's venture. She's had an MDAR inspector out to her farm to advise her on how to qualify for a permit to sell raw milk from her farm. The advice, she says, was contradictory, suggesting she needed to spend many thousands of dollars on a new septic system and replacing wood floors with plastic, and then suggesting maybe not.

In May, she was one of 50 people who testified in front of MDAR's commissioner, and stated, "I might be the only person in The Commonwealth to have launched a dairy enterprise in the current mine-filled landscape. I brought back land that hadn't been farmed in years...My personal investment in this business is now over $60,000. I am nurturing a small herd of milking shorthorn cattle on pasture. In order for me to offer their milk for sale, under current regulations, I must sell part ownership of the cow to a buyer who then agrees to pay me for the upkeep."

She only began milking her first cow in April, after it gave birth. Pete Kennedy of the Farm-to-Consumer Legal Defense Fund helped her draw up the herdshare agreement she's used with her three members, who heard about her via word of mouth. While Ruthman had spoken about her herdshare in front of the ag commish Soares in May, MDAR says in the cease-and-desist that its hard-charging investigators learned about the herdshare via the Weston A. Price Real Milk web site. You just can't keep good detectives down, it seems. 

If Soares and his bully crew expected Ruthman to roll over and stop milking her cow, they may have misjudged...just like they've misjudged pretty much everything--especially the public outrage--in this entire shameful crackdown. While the owners of the four buying clubs targeted earlier this year with cease-and-desist orders have been mulling over their options, Ruthman says she's already decided, and the answer is no, as in, "This is bullying and harassment. I'm going to fight them."

She definitely has a fighting attitude, and maybe that's because she's a seasoned journalist, covering the courts for Waterbury's Republic-American in nearby Connecticut. She's been all over me for not being tougher on the MDAR for its anti-small-farm attitude. At the May hearing, after I testified that MDAR should leave the raw milk situation as the agency found it on the first of the year, Ruthman stated, "With all due respect to Mr. Gumpert, who just said leave the system the way it is because it's fine- I offer that it is not fine. If I walk a cow from my farm down the road to Connecticut, her milk taken on Connecticut land would fall under another set of rules- I could perhaps sell it through a retail business for instance, not so in Massachusetts. The rule book you sent me is two inches thick- filled with rules that are open to interpretation."

Given what's just happened, I'd say Ruthman has a valid point. I'm certainly not going to argue with her. I'll leave that to Soares, who inexplicably has just gone much deeper into that can of worms he opened with his assault on buying clubs. Now he's dealing with someone who isn't intimidated by bullies.

By the way, NOFA-MA is sponsoring a raw milk symposium on Friday morning, featuring Sally Fallon of the Weston A. Price Foundation and Pete Kennedy of the Farm-to-Consumer Legal Defense Fund as principal speakers. Maybe they can explain how we handle it when the food police come calling for that cow or goat we are using for our own milk.

 

Comments

[Sharon Z]

You have no idea how hard I have been fighting the urge all morning to just call Scott Soares (and indeed his name is apt...he is a sore all right) and tell him that I am going to buy a cow and drink her milk right from her udder. There are other things I'd say to him too. I want to ask him if he is a margarine eater, too.

I haven't done it yet, but the day isn't over either.

These people have got to be stopped.

Sharon

[Shana Milkie]

Brigitte Ruthman:

You go, girl!

I wish you the best of luck in this struggle. It's an inspiration to hear of someone fighting back. People will be cheering you on all over the country.

[Goatmaid]

"I have been fighting the urge all morning to just call Scott Soares (and indeed his name is apt...he is a sore all right) and tell him that I am going to buy a cow and drink her milk right from her udder."

Hey Sharon, you just reminded me of a photo I saw passing around the goat lists some ten+ years ago... had to do some fancy googling to find it again: http://ww2.datazap.net/ftp/stevenmorawiec/NewLots/Lot417/0103.jpg

[Sharon Z]

You tempt me, Miss Goatmaid, you tempt me....

Thanks for finding that postcard. It's a goodie.

Sharon

[Sylvia Gibson]

There are many cheering on those on the front lines....

There is good reason to buy local..

http://www.msnbc.msn.com/id/38680483/ns/health-infectious_diseases/?gt1=43001

http://health.msn.com/nutrition/articlepage.aspx?cp-documentid=100262093&gt1=31036

http://www.zimbio.com/Freshway+Foods/articles/bcDOwuBVByV/Romaine+Lettuce+Recall+2010

http://www.walletpop.com/blog/2010/08/06/taco-bell-linked-to-nationwide-salmonella-outbreaks/

[Concerned Person]

The other version of local milk from a family farmer http://www.foodsafetynews.com/2010/08/raw-milk-alternatives/

cp

[Milky Way]

From the previous post..."I don't care if Mark outsources. I don't care if he composts cows. I don't care if he stretches the truth."

Outsourcing is using milk destined for pasteurization to produce raw dairy products. If the producers/consumers don't care, then why do they talk about "two milks?" To be honest, the rationalization (including stretching the truth) sounds a lot like Monsanto...

cp's link is interesting. Vat pasteurization or HTST pasteurizers with direct sales by small farmers might be a great niche for those who want to produce/buy dairy products from sustainable, local farms and bypass the middleman.

MW

[Jeannette Schreiber]

On a totally(?) different topic, and something I haven't seen here in the bit of time I've been reading regularly...

Has anyone heard of the German dairy farmer who increased milk production up to 26% simply by body brushing his cows daily? It's an automatic machine, so I'm not quite sure if the the permaculture experts would approve so much. But still, it's interesting. (There's no reference in the source I read about it.)

I'm not sure if this is the guy, but it's the closest I've found so far:

http://www.schurr-geraetebau.de/English/html/schurr_cow-brush.html

In the videos the animals seem to be rather attached to the equipment:

http://www.schurr-geraetebau.de/English/html/videos.html

[Goatmaid]

Hey, why isn't the FDA demanding that THESE raw products be banned? The article says merely to be careful...

Poultry fingered as No.1 food poisoning culprit
http://apnews.excite.com/article/20100812/D9HI2LR80.html

"ATLANTA (AP) - Cooking chicken on the grill this summer? Be careful. Poultry is still the leading culprit in food poisoning outbreaks, health officials said Thursday... An estimated 87 million cases of food-borne illness occur in the United States each year, including 371,000 hospitalizations and 5,700 deaths... A diarrhea-causing bacteria called Clostridium perfringens was commonly linked to poultry. A more deadly bacteria called E.coli O157:H7 was most often linked to beef."

[Dave Milano]

Brigitte is exiting the “system” to become more self-sufficient, more independent. Wonderful! I personally feel a strong affinity with her, and support her efforts completely. But she is sure to have trouble, because the “system” does not want, and sometimes decides to take action against, anyone who refuses to take his or her appointed place as a cog in the big machine.

Brigitte’s problems are unlikely to disappear soon since they result from a business and government culture that has been shifting toward conglomeration since the end of the 19th century. By now that culture has matured to the point where non-conformists can be targeted for punishment simply for harmlessly exercising their natural rights. (The food attacks David has described are of course only one area of enforced conformity. We are being herded into homogeneity everywhere, at all levels. Even public school has become an agent of the mega-corp culture. Think about it… If you’re a C or D student in a public school you’re, well, a C or D student, but if don’t show up, they come after you! One not-so-small way to promote compliance over accomplishment--perfect for the “worker” culture.)

I wonder what all this has done to our national psyche. After a few generations where Dad (and often Mom as well) have spent a majority of their waking hours away from home, can we even know what a healthy family or community unit is? Does working as a minor minion in a corporate or government entity (that is propelled by forces completely out of the workers’ control) dampen our age-old impulse for self-determination? I believe that it does, at least as a statistical measure. Yes, there will always be a Brigitte popping up here and there--exceptions to prove the rule--but as the statistical gap widens between the non-conformists and the homogeneous masses, the Brigittes are more easily marginalized, more easily punished.

Let’s hope that her community, softened as it undoubtedly has been by the worker culture, will find some reserve of chutzpah and defend her.

[Gary Cox]

steve and barbara smith, ken and linda fagan, paul and carol schmitmeyer, john and jackie stowers, armand and teddi bechard, joe and janet streit, clara and jessie yoder, ron garthwaite and collette cassidy, mark and blaine mcafee, wayne and kay craig, mark and petra zinniker, donna betts, dan allgyer, trent hendricks, vernon hershberger, max kane, jan haller, eric wagoner, david hochstetler, richard hebron, david phippen, sharon palmer, aajonous vanderplanitz, and hundreds, perhaps thousands of unnamed others. the list goes on. and now add brigitte ruthman to the list.

government won't stop this movement. one day, government will stop oppressing its citizens and will eventually see the light in liberty and freedom.

[Ed Capowich]

My wife and I are friends of Brigittes, and we will support her in any way possible. Wanting to add our name to the list of people against the Draconian laws that MDAR is trying to enforce, I went to their website looking for a "contact us" email. There was none. I then called MDAR and was given Commissioner Soares email. I urge anyone that wants to add their name or leave a comment to write him at scott.soares@state.ma.us.
We have been drinking raw milk, fresh eggs, grass-fed locally raised and slaughtered beef, eating fish caught in local lakes, and eating fresh produce for years without the benefit of government intervention. Perhaps MDAR would like to inspect our garden, video-tape our outdoor grilling, or radiate my fish.
One interesting note that MDAR will not tell you, is that anyone may own shares in a dairy cow, and therefore, they can drink the milk that their cow produces. They will tell you that this is not allowed, but in reality, there are no laws against it.
The Government is indeed here, but they are not here to help us.
Ed

[Mark McAfee]

Fluid raw milk is a class 1 product and not a class 4 product.

CP...until you understand this you will not understand the food safety issues with Fluid Raw Milk verses manufacturing raw milk that is made into things that do not harbor pathogens. The FDA allows raw cheeses to made from anyones raw milk....this is legal.

Not sure you get this? You like to beat up and again and again on the very old outsourcing subject.

One more time...OPDC has never ever outsourced for its fluid raw milk....and it has not bought milk from the outside for years to make cheese or any other Class 4 product either.

We have never held back this information....Strauss Dairy, Organic Valley, Clover Stornetta...everyone does this....why do you care???

Mark

[Mark McAfee]

The links showing the national recalls associated with Taco Bell, Romaine Lettuce and other stuff is a wake up call that America is a vertible "Immune Depressed Welcome Mat" for superbugs and even lesser bacteria that take advantage of this weakness.

If we had strong immune systems these outbreaks would be rare or not becoming more frequent...instead these events feed the hysteria FDA dogma, the medical industry and Marler and they push the "kill step" even more.

The answer is the other way guys....stop jumping over the cliff!!

Mark

[Mark McAfee]

Dear Brigitte Ruthman,

My warmest support to you. My best advice....get your consumers to come to your aid...you must inspire them to be your defense system. You need a team.

I feel your pain...but...you need to share that struggle with those that get the benefit of your wonderful raw milk. Demand that the consumers become active. No more passive consumers. If you drink raw milk you must also take a pledge to think raw milk and defend your farmer.

All the best,

Mark

[Blair McMorran]

Mark wrote: "Demand that the consumers become active. No more passive consumers..."

Hear hear! Besides writing and calling their legislators (this is an election year), ask your consumers to find out where they stand on the food & farm freedom issues, and start campaigning for those candidates that support freedom.

Find out who is on the Senate & House Ag committees, as well as the Appropriations committees. (Especially those on both Ag & Appropriation committees - but this may change after elections, so may take a few visits...)

Make an appointment for a face-to-face discussion, and tell your story. Bring educational materials that you can leave with them.

Ask them if they would sponsor legislation that protects small farms and freedom of choice. Make sure the legislation contains no state funding issues - that would kill any bill in 2011.

(Alternately you could find out how much taxpayers currently spend on MDAR and propose specific cuts in offices you feel are wasteful. If you do initial footwork, they'll draft the language of the bill for you. Low budgets are going to force state job cuts anyway. May as well make some suggestions.)

-Blair

[Jon Carlson]

Pure and simple, raw milk is the healthiest beverage of the lot with whole milk from a local diary farmer next.
Pure and simple, this attack on America's health is another symptom of the elephant in America's living room. View www.HoaxOfTheCentury.com for the elephant behind the curtains.