The Hartmann dairy, from a Minnesota Department of Agriculture photo. Minnesota raw dairy producer Michael Hartmann has been in state court this week, pursuing a suit that would allow him to re-open his dairy. He’s been shut down for about three months by the Minnesota Department of Agriculture, based on an outbreak of E.coli 0157:H7 that authorities say sickened at least eight consumers of his dairy’s milk.

What makes his case especially noteworthy is the fact that the authorities haven’t allowed him to re-open once he could demonstrate he had resolved potential problems at his dairy. If you look at even the most notorious cases of food illness, including the current illnesses associated with eggs, factory farms associated with illness don’t even get shut down, let alone have to petition a court to allow them to re-open.

Moreover, many of Michael Hartmann’s customers have continued to support him throughout his combat with Minnesota agriculture officials, and say they want access to his milk, despite allegations of illness. About 30 or so have attended each of this week’s court sessions on his suit, and he’s responded by hosting buffet lunches out in a park across from the court.

It will be interesting to see how the judge rules in this case. It raises a number of interesting issues.
First, there’s the old bugaboo of food freedom. How free should consumers be to choose the foods of their choice? If consumers say they understand the risks associated with one food or another, should they be free to consume it? I doubt I’d want to continue drinking Michael Hartmann’s milk based on the illnesses that have occurred–which Minnesota public health officials made a good case came from his dairy–but I’m not everyone. I respect the rights of other individuals, who have been drinking it for years without problems and feel sufficient  confidence in Hartmann’s production practices, to make the choice to drink his dairy’s milk.

Second, the Hartmann case raises the issue of uneven enforcement of food safety rules. Two Iowa farms have been associated with the recall of more than half a billion eggs contaminated with salmonella. One of the farms has been associated with nearly 1,500 illnesses, and yet continues operations. This a mind-boggling number–can you imagine what would happen to a raw dairy accused of sickening even 10% of that number? It would be plowed under, and the owner likely jailed.

There are also allegations that the two Iowa farms weren’t even inspected, and that officials ignored reports from one of the farms about unsanitary conditions. Once again, imagine such a scenario with a raw dairy farm if employees reported unsanitary conditions. Officials would visit before the employees hung up the phone.

Third, there’s the issue of the public health response to these cases. Their approach to raw milk, as we know, is to try hard to prohibit or sharply limit access. Their approach to eggs contaminated by questionable factory farm practices? I’ve seen suggestions that there be required vaccination of chickens, along with pasteurization of all eggs. The effect would be to further sanitize our food supply, and narrow further the choices of us who don’t want pasteurized eggs from vaccinated chickens. Like many readers of this blog, I prefer eggs with manure and feathers on them (from small farms), that food safety officials tell me are dangerous. If they have their way, I’d lose access to this food choice as well.

And, of course, many media outlets are falling for the FDA’s line that highly burdensome and restrictive regulations provided in Senate Bill 510, which has been delayed by opponents, are the answer. Fat chance.

Well, I can tell you two effects of all these events, the Hartmann trial and the Iowa egg scandal. Demand for raw milk continues to expand and will no doubt continue to expand. And demand for eggs from backyards and small farms is exploding. Even before the Iowa shenanigans, I have found it increasingly difficult to find the kind of eggs I prefer at farmers markets unless I arrive very early at the market. I see that even food poisoning lawyer Bill Marler is joining the rush away from factory eggs by raising his own chickens.

So these two unfortunate situations in Minnesota and Iowa may prove a godsend to the regulators. Their unfair enforcement of food safety regulations and their negligence in Iowa may pave the way to new restrictions on food access for the rest of us.
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At least some of my effort at political satire in the previous post was very offensive to some readers, who saw mainly crude sexism. I apologize to them. I don’t know the FDA commissioner–I ridiculed her only as a political symbol. ?